Docs
Start typing to search…

Terms of Use

Effective Date: June 8, 2025

Pond Global Ltd makes available its website located at cryptopond.xyz including any content, functionality, and services offered on or through cryptopond.xyz (the “Website”), and also operates and offers to its users certain proprietary platforms and online applications (each, a “Platform” and together, collectively with the Website, the “Services”).

These Terms of Use are entered into by and among you, on the one hand, and Pond Global Ltd and its affiliate Pond Global Inc. on the other, and govern your use of the Services offered by Pond Global.
Pond Global and Pond Global Inc. shall, collectively, be referred to herein as “Pond Global”, “Company” or “we” or “us” and their variants. The following terms and conditions, together with any documents they expressly incorporate by reference, including our Privacy Policy (collectively, these “Terms”), govern your access to and use of the Services offered by Pond Global. If the user engages with the Services under authority from a different party or on another party’s behalf, then “you” (and its variants, including “your”) as used herein refers to that person on whose behalf the Services are used (e.g., an employer). If the person engaging with our Services is an individual, acting in their own individual capacity, then “you” refers to that individual. If you have anyone using the Services on your behalf, you agree that you are responsible for the actions and inactions of all such persons, as if they were your own.

Please read these Terms carefully before you start to use any of our Services. By using the Services or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms or the Privacy Policy, which is incorporated into these Terms by this reference, you must not access or use the Services.

THE SERVICES WERE NOT DEVELOPED FOR, AND ARE NOT OFFERED TO PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED/FORMED IN, OR HAVE A REGISTERED OFFICE OR PRINCIPAL PLACE OF BUSINESS IN ANY RESTRICTED JURISDICTION OR COUNTRY SUBJECT TO ANY SANCTIONS OR RESTRICTIONS PURSUANT TO ANY APPLICABLE LAW, INCLUDING THE CRIMEA REGION, CUBA, IRAN, NORTH KOREA, SYRIA, RUSSIA, OR ANY OTHER COUNTRY IN WHICH THE UNITED STATES, THE UNITED KINGDOM, THE EUROPEAN UNION OR ANY OTHER JURISDICTION EMBARGOES GOODS OR IMPOSES SANCTIONS, OR ANY JURISDICTIONS IN WHICH THE TRANSACTING OF DIGITAL/CRYPTO CURRENCIES/ASSETS IS PROHIBITED OR RESTRICTED IN ANY FORM OR MANNER (COLLECTIVELY, THE “RESTRICTED JURISDICTIONS” AND EACH A “RESTRICTED JURISDICTION”) OR ANY PERSON OWNED, CONTROLLED, LOCATED IN OR ORGANIZED UNDER THE LAWS OF ANY RESTRICTED JURISDICTION OR AFFILIATED WITH ANY SUCH PERSON, ANY PERSON LISTED ON ANY SANCTIONS LIST MAINTAINED BY THE UNITED STATES, THE UNITED KINGDOM, THE EUROPEAN UNION OR ANY OTHER JURISDICTION, OR A RESIDENT OF OR LOCATED IN ANY COUNTRY OR JURISDICTION THAT RESTRICTS ACCESS TO OR PROHIBITS USE OF DIGITAL ASSETS OR CRYPTO CURRENCIES (COLLECTIVELY, “RESTRICTED PERSONS”).

THERE ARE NO EXCEPTIONS. IF YOU ARE A RESTRICTED PERSON, OR LOCATED IN A RESTRICTED JURISDICTION, THEN DO NOT USE OR ATTEMPT TO USE THE SERVICES. USE OF ANY TECHNOLOGY OR MECHANISM, SUCH AS A VIRTUAL PRIVATE NETWORK, TO CIRCUMVENT OR ATTEMPT TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS STRICTLY PROHIBITED.

POND GLOBAL CONDUCTS SANCTIONS SCREENING ON WALLET INTERACTIONS IN ACCORDANCE WITH BRITISH VIRGIN ISLANDS AND INTERNATIONAL SANCTIONS OBLIGATIONS.

BY USING THE SERVICES, YOU REPRESENT THAT (I) YOU ARE NOT A RESTRICTED PERSON; AND (II) YOU (INCLUDING, IF APPLICABLE, YOUR INDIVIDUAL OWNERS, REPRESENTATIVES, EMPLOYEES, OR ANY OTHER PERSON WITH ACCESS TO YOUR ACCOUNT) WILL NOT COORDINATE, CONDUCT OR CONTROL (INCLUDING BY, IN SUBSTANCE OR EFFECT, MAKING DECISIONS WITH RESPECT TO) YOUR USE OF THE SERVICES FROM WITHIN ANY RESTRICTED JURISDICTION.

YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT YOU ARE NOT PERMITTED TO MODIFY, DISASSEMBLE, DECOMPILE, ADAPT, ALTER, TRANSLATE, REVERSE ENGINEER OR CREATE DERIVATIVE WORKS OF THE SERVICES TO MAKE THEM AVAILABLE TO ANY RESTRICTED PERSONS OR IN ANY RESTRICTED JURISDICTION.

NEITHER WE NOR OUR SERVICE PROVIDERS ARE RESPONSIBLE FOR ANY ACTIVITIES THAT YOU ENGAGE IN WHEN USING ANY ONLINE SERVICES OR BLOCKCHAIN TECHNOLOGIES NOT PROVIDED BY US.
You represent and warrant throughout the term of your use of the Services that: (i) you are over the age of eighteen (18) or otherwise of legal age to form a binding contract, and that you have legal and mental capacity to enter into these Terms; (ii) your funds are not derived from or in any way connected to any illegal, unauthorized, or restricted sources (including any Restricted Jurisdictions or Restricted Persons); (iii) you have the right to lawfully engage in all transactions and all activities that you participate in on or through the Services; and (iv) you are not a Restricted Person or connected to one in any way, and you are not located in a Restricted Jurisdiction.

The Services provide access to third-party content, digital assets, protocols, and software, including smart contracts, which may enable you to engage with and contribute to early-stage projects and purchase digital assets from such projects. Further, you acknowledge and agree that the Services provide a technological solution and infrastructure, which make available certain tools and functionalities, but which do not in and of themselves take any action without your instruction.

USE OF THE SERVICES AND ANY THIRD-PARTY CONTENT ARE AT YOUR OWN RISK. WE DO NOT OWN, CONTROL, OR HAVE ANY RESPONSIBILITY FOR ANY THIRD-PARTY CONTENT. PLEASE CONSULT SUCH THIRD-PARTIES’ USER AGREEMENTS FOR INFORMATION REGARDING YOUR RIGHTS AND RISKS ASSOCIATED WITH YOUR USE OF AND ACCESS TO THESE MATERIALS.

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE ONLY A MEANS TO FACILITATE ACCESS TO CONTENT AND TECHNOLOGY. THE COMPANY DOES NOT DIRECT YOUR ACTIONS ON THE SERVICES, NOR MAKE ANY DECISIONS, PROVIDE ANY ADVICE WITH RESPECT TO THE USE OF THE SERVICES, OR PROMOTE ANY PARTICULAR CONDUCT OF USERS. YOU HEREBY HOLD THE COMPANY, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (THE “COMPANY INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, COSTS, LOSSES, EXPENSES, AND OTHER DAMAGES (COLLECTIVELY, “CLAIMS”) OF ANY KIND ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES OR ANY PORTION THEREOF.

Changes to the Terms
We may revise and update the Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Services. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Accessing the Services and Account Security
We reserve the right to withdraw or amend the Services, and any service or material we provide or make available on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services or content posted or available thereon or therethrough is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users. WE WILL NOT BE LIABLE FOR, AND YOU HEREBY HOLD THE COMPANY INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY AND CLAIMS ASSOCIATED WITH OR ARISING IN CONNECTION WITH YOUR USE OF, ACCESS TO OR RELIANCE ON ANY CONTENT ON THE SERVICES, OR ANY SUCH CONTENT BEING INACCESSIBLE TO YOU AT ANY TIME OR FOR ANY REASON.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Services.
  • Ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.

To access the Services or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Terms.

You understand that your content may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Services

As part of our Services, we provide you with access to multiple platforms and tools, including a platform where users can launch ideas and engage in social interaction with other users; a platform where users can launch digital asset projects and seek contributions toward them; and a platform where users can interact with data we make available for use in various projects, including training AI Models (as defined below), among other technologies and tools that we may develop or make available to users from time to time in our discretion. All such tools shall be considered part of the Services hereunder. Use of all Services is subject to these Terms.

You also acknowledge and agree that developers or issuers of digital assets, and user-generated tools may require your compliance with additional terms, and by using any part of these tools or technologies, or engaging in any transactions with such individuals, you agree to comply with all such third-party terms. Please be sure to understand terms applicable to your use of a particular tool or technology prior to using same. To use certain tools, you may be required to have a device or other technology that is compatible with the tool or technology, and such compatibility is entirely your responsivity. We do not undertake to inform you of the need for any such device or technology for compatibility purposes, and you use such tools and technologies at your sole risk.

The Services may allow you (as a developer) to deploy on the Services an artificial intelligence (“AI”) model (each, an “AI Model”), and offer it to other users of the Services. We do not promise or undertake any obligations to assist you with your deployment activities. Before you can deploy your AI Model on our Services, we may require you to enter into a competition. You acknowledge and agree that we reserve the sole discretion to select the winner, and we accept no responsibility for our selection process or success criteria. We and other users may evaluate the AI Model against pre-set or subjective criteria that we create in our discretion. You acknowledge and agree that you have no recourse if you disagree with or perceive the competition results as unfair. By participating in any competition or submitting an AI Model for inclusion on our Services, you grant us a non-exclusive, sub-licensable, worldwide, royalty-free license to access, use, evaluate, test, and display your AI Model and its source code solely for purposes of operating, reviewing, and maintaining the Services and administering the competition. This includes the right to present, list, and promote your AI Model on the Services, and to enable third-party users to access, deploy, and interact with it, subject to any usage or visibility settings you configure. You also agree to provide us with a copy of, or ready access to (e.g., via GitHub or similar repository) the source code for your AI Model upon request. Failure to do so may result in our rejecting your participation in the competition, denying your application to post your AI Model on the Services, or preventing its deployment. Note that, in the event of your creation of an AI Model, if we cannot access the source code for your AI Model at any time, you acknowledge and agree that we may void or take back any points you have earned as part of a competition or refuse to issue them to you.

While we may, at our discretion, make recommendations to developers and may moderate conversations related to tool/technology development from time to time, these conversations and recommendations are offered for informational purposes only, and are of no binding effect. It is your sole responsibility if you choose to implement a recommendation or idea we have provided. We do not guarantee the accuracy, effectiveness, or outcome of any such recommendations or ideas, and we assume no liability for them.

You may receive points when you enter a competition, which we will grant or not in our discretion and using our own judgement. Please note that these points are purely symbolic, hold no monetary or tangible value, and are solely used to track progress and determine the competition winner.

We reserve the right to review all user-generated tools before allowing their deployment on our Services, but do not undertake to perform such review.

We may allow you to impose terms or conditions of use on the use of your user-generated tools, but we do not undertake to enforce such terms or conditions on any user.

Each user-generated tool is developed by you, as a developer, using your own technology and resources. We have no involvement in development of the user-generated tools, even if we provide any criteria for their functionality or development or ideas or recommendations with respect to same, and we have no responsibility and accept no liability for things you create or deploy, even with our feedback or assistance.

We may grant tool developers access to certain datasets to use in connection with same when deployed in the Services. Subject to these Terms, Company grants each such developer a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the datasets we choose to make available for use on the Services, solely in connection with your authorized use of the Services. This license is strictly limited to the scope necessary for you to utilize the Services as intended and as permitted by these Terms. Any use of the datasets outside of the Services or for purposes not expressly authorized under these Terms, and any use of the datasets outside the Services, is strictly prohibited. Company reserves the right to modify, suspend, or terminate this license at any time and for any reason, including but not limited to a breach of these Terms. You, as a developer, specifically acknowledge and agree that all rights, title, and interest in and to the datasets remain exclusively with Company or its licensors and that no ownership or other rights are transferred to developers under this license. You also further acknowledge that the datasets are not Company property, and as third-party materials, Company has no liability for such datasets, or the data accuracy, legality or reliability. The licenses granted herein are granted for convenience only, and we undertake no responsibility or liability with respect to same.

Pond Global conducts sanctions screening on wallet interactions in accordance with British Virgin Islands and international sanctions obligations. While we do run sanctions checks on wallets, you acknowledge and agree that we do not screen developers, or users of any of our Services, or conduct or sanctions, background, “know your customer” (KYC) or other checks on them. You specifically accept this risk, and agree that we may make the Services, including any portions you created, available without such checks.

We reserve the right to remove or suspend any user-generated tool from the Services at any time and for any or no reason. Such termination, suspension, or removal may occur without prior notice.

You agree that, once deployed, we require that all user-generated tools to remain active on the Services, even if you choose to also deploy them elsewhere. In order to maintain the tools, we may require your assistance, or updates to the underlying technology. You agree to provide all reasonable cooperation and assistance, and further copies of any source code necessary for us to continue to make the tool available to users. You acknowledge and agree that we may charge a fee to users for accessing and using your user-generated tools, and we may or may not share any such revenues with you. You specifically consent to this arrangement.

You may be permitted, in our discretion, to require compensation from users of user-generated tools you create and deploy on the Services, but please note that the terms and conditions applicable to such compensation may be modified or updated by Company at its discretion at any time, and compensation is not guaranteed. Company reserves the right to block or withhold access to funds for violations of these Terms or for any other reason, including if required by law.

You are required to, and agree that you will, comply with all applicable laws, in your processing of information of users of your user-generated tools, and your deployment of your same on the Services.
Each developer of a user-generated tools available on the Services hereby grants you a non-exclusive, limited, non-transferable, and freely revocable license to access the tool under your user account on one (1) or more devices owned or controlled solely by you, solely in accordance with these Terms. The foregoing license grant is not a sale of the tool or of any copy thereof.

User-generated tools vary. Please be sure you understand the functionality of each tool you use, and its outputs. Also, you must understand that tools are not foolproof and may produce inaccurate outputs, make mistakes or have faulty code that results in outputs different than you expect or desire. You specifically accept this risk.

Even if we review a user-generated tool prior to its deployment on the Services, each user acknowledges and agrees that we are not responsible and undertake no obligation to assist in regards to your use of the tool.

You acknowledge and agree that Company and developers may charge fees for your use of the Services, including the user-generated tools and digital assets created and transacted. You also understand that there may be fees associated with use of any third-party blockchain technology. We may not inform you of the applicable fees in advance of you incurring them and you agree to pay all applicable fees imposed. Our fees are subject to change at any time without notice, even if we have provided an estimate of same in advance. Note that all third-party fees are likely also subject to change, but you must confirm such fees with the third-parties whose technology you use.

If the tool is offered via a subscription, and your subscription plan includes an auto-renewal option, you must cancel your subscription before the renewal date if you do not wish to continue using the applicable tool. It is your responsibility to manage and cancel your subscription in accordance with all applicable terms (whether these Terms or those imposed by developers). We have no responsibility for managing your subscriptions, or notifying you of terms of such subscriptions when you use a user-generated tool. You acknowledge and agree that the amount you are charged for use of a user-generated tool may increase with or without notice.

Under no circumstances shall Company incur any liability, of any kind, in connection with our fees or those charged by third-parties. YOU HEREBY HOLD THE COMPANY INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIM ARISING IN CONNECTION WITH ANY FEES YOU INCUR WHEN USING THE SERVICES.

There are third-party materials used in user-generated tools, whether provided or used by the tool developer, or provided by third-parties (or even sourced by us), and we do not control, do not monitor and undertake no responsibility to review or authorize any such materials. Each user of a user-generated tool acknowledges and agrees that they are using third-party technology and content when accessing the Services, and when using the tools, and that Company is not responsible for same.

You acknowledge and agree that your activities on the Services will be recorded on the blockchain, and that therefore, information about you and those activities will be visible to others. User of the Services does not guarantee anonymity, and other users and third-parties may be able to identify you, whether you are a developer, user, investor or otherwise.

YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT PROVIDE RESOLUTION FOR ANY QUALITY CONCERNS OR FEE DISPUTES, AND DO NOT HAVE A MECHANISM TO ASSIST YOU WITH ADDRESSING ANY QUALITY CONCERNS OR FEE ISSUES RELATED TO ANY USER GENERATED TOOL.

EACH USER HEREBY HOLDS THE COMPANY INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS ASSOCIATED WITH OR ARISING IN CONNECTION WITH: (i) YOUR USE OF OR RELIANCE ON ANY USER GENERATED TOOL OR ITS OUTPUT; (ii) THE FEES YOU INCUR AS YOU USE THE SERVICES (WHETHER IMPOSED BY US, A DEVELOPER, OR THIRD-PARTY PROTOCOLS OR SERVICES); (iii) ANY TECHNOLOGY USED BY A USER GENERATED TOOL DEVELOPER, OR THIRD-PARTY MATERIALS, INCLUDING DATA USED TO TRAIN OR USE USER GENERATED TOOLS; AND (iv) ANY DEVELOPER’S ACTIONS OR INACTIONS.

WHILE WE RESERVE THE RIGHT TO TAKE DOWN OR PREVENT ACCESS TO ANY USER GENERATED TOOLS, INCLUDING AI MODELS, ON THE SERVICES, WE DO NOT UNDERTAKE AND HAVE NO RESPONSIBILITY FOR MONITORING OR POLICING THE TOOLS OR THEIR OUTPUT. YOU ACKNOWLEDGE AND AGREE THAT ALL DATA WE MAKE AVAILABLE TO YOU FOR USE IN CONNECTION WITH USER GENERATED TOOLS IS THIRD-PARTY DATA, AND WE HAVE NO RESPONSIBILITY FOR SAME.

EACH DEVELOPER HEREBY HOLDS THE COMPANY INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS ASSOCIATED WITH OR ARISING IN CONNECTION WITH: (i) ANY DELAYS IN, OR FAILURE TO RECEIVE COMPENSATION FOR USE BY OTHERS OF ANY TOOLS YOU DEVELOP; (ii) ANY FAILURE BY COMPANY TO ENFORCE ANY TERMS OR CONDITIONS YOU IMPOSE ON USE OF YOUR TOOLS ON OTHER USERS; (iii) OUR REMOVAL OR SUSPENSION OF YOUR TOOLS FROM THE SERVICES; (iv) DATASETS MADE AVAILABLE FOR USE IN CONNECTION WITH USER GENERATED TOOLS; (v) YOUR DATA HANDLING PRACTICES; (vi) YOUR COMPLIANCE OR NON-COMPLIANCE WITH LAWS; OR (vii) USERS OF YOUR TOOLS OR THEIR ACTIONS OR INACTIONS.

Digital Assets

While portions of our Services allow for issuance and purchase of digital assets, and the technical functionality to seek contributions towards your digital asset projects, you acknowledge and agree that we are only software and infrastructure providers. We do not assume responsibility for the management, promotion, or success of the assets created.

The Services are non-custodial, and at no point do we hold, control, or have access to your private keys, wallet credentials, or digital assets. You are solely responsible for securing your wallets and any assets you interact with through the Services. Pond Global does not hold user funds, private keys, or control smart contracts. All contracts are deployed and managed by users independently.

You acknowledge that digital assets created or accessible through our Services are subject to certain third-party blockchain network protocols and smart contract functionalities, and that we do not control or guarantee the performance of digital assets once deployed.

You further acknowledge that digital assets created accessible through the Services may be subject to lock-up periods, restrictions on transfer, or other conditions, whether imposed by a smart contract, project creator, or otherwise. It is your sole responsibility to understand and clearly disclose the economic and functional design (including tokenomics) of any digital asset you create, trade, or interact with through the Services.
We also reserve the right to lock-up any assets traded on our Services at any time in our discretion for any or no reason, and you specifically accept this risk.

We do not guarantee, represent, or warrant, and you should not rely on any assumption, that digital assets created and/or accessible through the Services: (i) represent any shareholding, ownership, participation, right, title, or interest in any company, entity or project; (ii) give you the right to receive any compensation or funds, including digital assets or fiat; (iii) entitle holders to any revenue, fees, profits, or investment returns; (iv) represent a loan or debt obligation of any kind; (v) have any value or liquidity, or that they will retain or acquire value over time; or (vi) will deliver any functionality, utility, or benefit, regardless of what may have been promised or represented by any third party. We make no assurances as to the legal characterization, enforceability, or regulatory treatment of any tokens created or accessible through the Services.

WE HAVE NO RESPONSIBILITY FOR ANY DIGITAL ASSET YOU MAY CREATE OR ACQUIRE, EVEN IF MADE AVAILABLE ON OR THROUGH THE SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT DIGITAL ASSETS OR CONTENT CREATED BY USERS MAY CONTAIN MATERIALS WHICH YOU MAY FIND OFFEND YOUR SENSIBILITIES, OR CONTAIN OR MAKE USE OF MATERIALS SUBJECT TO INTELLECTUAL PROPERTY PROTECTIONS OF A THIRD-PARTY. COMPANY IS NOT LIABLE FOR, AND HAS NO RESPONSIBILITY TO YOU OR ANY OTHER PERSON WITH RESPECT TO SUCH MATERIALS. WE DO NOT CONTROL OR MONITOR THE CONTENT OF DIGITAL ASSETS CREATED BY USERS, AND WHILE WE RESERVE THE RIGHT TO TAKE DOWN OR PREVENT ACCESS TO ANY DIGITAL ASSETS IN OUR DISCRETION, WE DO NOT UNDERTAKE AND HAVE NO RESPONSIBILITY FOR MONITORING OR POLICING THE CONTENT ON DIGITAL ASSETS GENERATED ON THE SERVICES.

Pond Global Ltd is incorporated in the British Virgin Islands and is not licensed under the Securities and Investment Business Act or the Virtual Asset Service Providers Act. Pond Global provides infrastructure and software tools only, and does not offer, promote, or facilitate the sale of any tokens or digital assets. All tokens made available through the platform are created and distributed independently by users.

Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Company, developers, or their respective licensors, or other providers of such materials and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws across the globe.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services that is not yours, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from the Services.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Company.

Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Trademarks

Company’s name, trademarks, and logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Company or users of the Services or expose them to liability.

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
  • Use any content available on or via the Services, any portion thereof, or any output generated, for training any machine learning or artificial intelligence tool, software, or platform.
  • Use any content available on or via the Services, any portion thereof, or any output generated, for the purpose of identifying a specific individual or extracting personal information.
  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  • Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Services.
    Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Using the Services to carry out any financial activities subject to registration or licensing;
  • Use the Services in or from any Restricted Jurisdiction;
  • Use the Services if you are a Restricted Person (or on their behalf);
  • Using the Services for market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether prohibited by law), fraud, or other deceptive, misleading, or manipulative activity;
  • Engaging in any anticompetitive behavior or other misconduct;
  • Using the Services as a tool to commit theft, fraud or any other property crime; or
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
  • Copy, mirror or otherwise attempt to replicate or reproduce the Services.
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services.

Feedback and User Contributions

You may from time to time provide us with feedback about our Services, or suggestions or ideas for improvement of or different functionality, options, content or other changes to our Services (collectively, “Feedback”).

The Services may allow you to input information into user-generated tools, upload software code related to user-generated tools, provide ideas and suggestions about potential future user-generated tools or Company tools to be developed, and may also contain message boards, chat rooms, personal profiles, forums, bulletin boards, leaderboards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, deploy, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services.

All User Contributions must comply with the Content Standards set out in these Terms.

Any User Contribution and Feedback will be considered non-confidential and non-proprietary. By providing any Feedback or posting any User Contribution on the Services, you hereby grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a perpetual, irrevocable, worldwide, universal, royalty-free, fully paid-up, sublicensable, and transferable license for any purpose, including to use, reproduce, modify, adapt, create derivative works of, perform, display, distribute, store, transmit, and otherwise exploit your User Contributions and/or Feedback in any format, medium, or distribution method now known or hereafter developed. For the avoidance of doubt, this license includes, without limitation, the rights to: (i) use your User Contributions and/or Feedback to enhance, develop, and refine the Services or related offerings; (ii) commercialize your User Contributions or Feedback, or any derivative works thereof, including but not limited to incorporating it into products or services for sale or licensing to third-parties; and (iii) share, disclose, or otherwise provide access to your User Contributions and/or Feedback to third-parties for any purpose, including without limitation, for collaboration, development, or monetization opportunities, and without giving you attribution. This license survives any termination of your account or use of the Services. You waive any moral rights or similar rights in your User Contributions and/or Feedback to the extent permitted by applicable law, acknowledging that we may make modifications to your User Contributions and/or Feedback for purposes of use, display, or distribution.

You further grant to the applicable developer into whose tools you input any information, if any, the right to process that information, which you acknowledge may be processed outside your country of residence or location, to produce the output you requested, and to train their model.

You represent and warrant that, throughout any time you use the Services:

  • You own or control all rights in and to the User Contributions and the Feedback, and have the right to grant the license granted above to us, the developers, and to our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions and the Feedback do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions and Feedback you submit or contribute, and you, not Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third-party for the content or accuracy of any User Contributions posted by you or any other user of the Services.

Monitoring and Enforcement; Termination

We have the right, but do not undertake the obligation to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
    Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Company.
  • Disclose your identity or other information about you to any third-party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  • Terminate or suspend your access to all or part of the Services for any or no reason, including any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD THE COMPANY INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS ASSOCIATED WITH OR ARISING IN CONNECTION WITH SUCH INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review any material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, provincial, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms.
  • Be likely to deceive any person.
    Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
    Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy, which is hereby incorporated into these Terms by this reference, for instructions on sending us a notice of copyright infringement. We reserve the right to terminate the user accounts of repeat infringers.

Reliance on Information Posted / Third-party Materials

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of any information found on the Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

The Services include content provided by third-parties, including materials used to create, train and produced by user-generated tools, other users, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third-parties.

WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY THIRD-PARTY MATERIALS, USER GENERATED TOOLS, INFORMATION, PROTOCOLS, NETWORKS, INFRASTRUCTURE, RESOURCES, APPLICATIONS, DATA, CONTENT, OR SERVICES, EVEN IF AVAILABLE ON, THROUGH OR FROM THE SERVICES. WE HAVE NO RESPONSIBILITY FOR, NO CONTROL OVER, AND MAKE NO GUARANTEES WITH RESPECT TO, THE QUALITY, SECURITY, ACCURACY, RELIABILITY, OR UPTIME OF SUCH THIRD-PARTY MATERIALS. YOU HEREBY HOLD THE COMPANY INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS ASSOCIATED WITH OR ARISING IN CONNECTION WITH YOUR USE OF SUCH ITEMS.

No Financial or Investment Advice

You understand that we do not act as your financial advisor, investment manager, arranger, introducer, or commodity trading advisor, or give you any investment advice of any kind with respect to what assets you choose to create, purchase or any trading thereof. It is your responsibility and you are solely responsible for your purchase decisions, how and when you trade digital assets and with whom. It is also your responsibility to ensure you understand crypto assets, how they work, what their value is, and about trading and purchasing such assets, as there are significant risks in doing so, all of which you solely assume.

We may suspend your use of or cancel your use of the Services or any portion thereof for any reason, including if we believe you have engaged in or are about to engage in any kind of fraud, if required pursuant to applicable laws, or you violate these Terms. We may provide you with notice of suspension, but do not undertake an obligation to do so.
We may change the functionality of the Services at any time, which means some networks could no longer be supported after a time. You acknowledge that this is the case, and accept this risk.

You agree and understand that all decisions you make on the Services are made solely by you. You agree and understand that under no circumstances will the operation of our Services and your use of them be deemed to create a relationship that includes the provision of or tendering of investment advice. NO FINANCIAL, INVESTMENT, TAX, LEGAL OR SECURITIES ADVICE IS GIVEN THROUGH OR IN CONNECTION WITH THE SERVICES. No content found on our Services, whether created by us, our service providers, our business partners, or another user is or should be considered as investment advice. You agree and understand that we accept no responsibility whatsoever for, and shall in no circumstances be liable in connection with, your decisions or your use of the Services.

Risks

You acknowledge and agree that digital assets are volatile and risky, and their trading is affected by many factors outside our or your control. You are solely responsible for any transactions, and for all fees that you may incur as a result of your acquisition or sales of digital assets. Our Services do not control the timing of any transaction, yet you acknowledge that the time of a transaction can affect the value of the asset or the fees associated with a transaction or both. You hereby hold us harmless against any and all claims arising from the transaction of your digital assets, or the timing of such transactions.

Digital assets are not legal tender and are not backed by any government. Digital assets are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections, or other similar protections offered by other governmental bodies.

We are not a bank, and we have no fiduciary duty to you. We make no guarantee as to the functionality of any digital asset network which might cause delays, conflicts of interest or might be subject to operational decisions of third-parties that are unfavorable to you or affect your digital assets, or lead to your inability to complete a transaction using our Services.

You acknowledge that our software and smart contracts could have bugs or security vulnerabilities, and you hereby accept this risk. You hereby hold us harmless from any Claims you suffer as a result of your use of our Services, which you agree you use at your sole risk.

Digital assets and use of our Services may be subject to expropriation and/or theft. Hackers or other malicious actors may attempt to interfere with our Services or your use thereof in a variety of ways, including, but not limited to, use of malware, denial of service attacks, Sybil attacks, and spoofing.

We do not guarantee that our Services will be available without interruption. The information on our Services may not always be entirely accurate, complete or current. Information on the Services may be changed or updated from time to time without notice, including information regarding our policies, products and services. Accordingly, you should verify all information before relying on it. All decisions you make based on information provided through the Services are your sole responsibility and you hold us harmless from and against any Claims you suffer as a result of such decisions.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE RISKS SET FORTH IN THIS SECTION.

Taxes

You are entirely responsible for any tax liability which may arise from activities you engage in while on the Services, if any. It is your responsibility to ensure you have accounted for, reported to the proper governmental authority, and paid all such taxes to the applicable governmental authority. We do not undertake any obligation to report any such taxes, nor collect or disburse them on your behalf. The taxes you owe are solely your responsibility. YOU HEREBY HOLD THE COMPANY INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS ASSOCIATED WITH OR ARISING IN CONNECTION WITH YOUR TRANSACTIONS ON THE SERVICES.

Changes to the Services

We may update or modify the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Services

All information we collect on the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Further, you acknowledge and agree that the developers of user-generated tools process your information when you use such models, and we do not control such processing. Users are responsible for understanding the data handling and processing by each user-generated tool developer, when using their models.

Linking to the Services and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Services may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Services.
  • Send emails or other communications with certain content, or links to certain content, on the Services.
  • Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Services other than the homepage.
  • Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.
YOU HEREBY HOLD THE COMPANY INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS ARISING IN CONNECTION WITH YOUR CONNECTION OF YOUR SOCIAL MEDIA ACCOUNTS TO THE SERVICES.

Links from the Services

If the Services contain links to other sites and resources provided by third-parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

Access to the Services may not be legal by certain persons or in certain countries. You are responsible for compliance with the local laws applicable to your use of the Services. Users who are U.S. Persons (defined below) are restricted from using the Platform and Services for purchasing tokens or digital assets. Tokens and/or digital assets may not be resold to U.S. Persons. “U.S. Person” means: (i) Any natural person resident in the United States; (ii) Any partnership or corporation organized or incorporated under the laws of the United States; (iii) Any estate of which any executor or administrator is a U.S. Person; (iv) Any trust of which any trustee is a U.S. Person; (v) Any agency or branch of a foreign entity located in the United States; (vi) Any non-discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary for the benefit or account of a U.S. Person; (vii) Any discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary organized, incorporated, or (if an individual) resident in the United States; and (viii) Any partnership or corporation if: (A) Organized or incorporated under the laws of any foreign jurisdiction; and (B) Formed by a U.S. Person principally for the purpose of investing in securities not registered under the U.S. Securities Act of 1933, as amended (the “Act”), unless it is organized or incorporated, and owned, by accredited investors (as defined in § 230.501(a) of the Act) who are not natural persons, estates or trusts.

Disclaimer of Warranties and Limitation on Liability

You understand that we cannot and do not guarantee or warrant that any materials available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection, security, and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS, LIABILITY, COST, EXPENSE OR DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, BY A DENIAL OF SERVICE OR DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY INDEMNIFIED PARTIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold the Company Indemnified Parties harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and legal costs) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Contributions, any use of the Services’ content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Services.

Governing Law and Jurisdiction

All matters relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Subject to the provisions of the Arbitration Section below, any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in New York City and County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising under these Terms, or in connection with your use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

IF COMPANY ELECTS TO PURSUE ARBITRATION AS SET FORTH HEREIN, ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THESE TERMS, OUR SERVICES (OR ANY PORTION OR ALL OF THE FOREGOING), INCLUDING THE BREACH, TERMINATION OR VALIDITY OF THESE TERMS, SHALL BE FINALLY RESOLVED BY ARBITRATION. THE TRIBUNAL SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THE AGREEMENT TO ARBITRATE. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

The Terms, our Privacy Policy, and our Copyright Policy constitute the sole and entire agreement between you and Company regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Your Comments and Concerns

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: [email protected].

Updated 2 months ago