YOU MUST READ THESE TERMS OF USE BEFORE USING THE WEBSITE. BY USING THE WEBSITE, YOU WILL
BE DEEMED TO HAVE ACCEPTED THESE TERMS OF USE.
SARK X (BVI) Ltd located at Craigmuir Chambers, Road Town, Tortola, VG 1110, British
Virgin Islands ("Provider") is the owner and operator
of the website at
https://st0x.io
(the "Website"). Provider is a business company
limited by shares incorporated under the laws of the British Virgin Islands ("BVI").
These terms of use (as may be amended or varied from time to time in accordance with the
terms set out below, the "Terms of Use") will govern
your access to and use of the Website and represent an agreement between you and Provider.
Please read the Terms of Use carefully before using the Website. If you do not agree to
these Terms of Use, you must not access or use the Website.
By using the Website or by clicking to accept or agree to the Terms of Use when this
option is made available to you, you accept and agree to be bound by these Terms of Use.
1. About the Website
The Website acts as an interface with the decentralised exchange known as ST0x 'order
book' ("DEX"). The DEX is decentralised, meaning that
it has no single controller or owner. Specifically, Provider does not own, operate or
control the DEX.
The Website is provided to enable you to access the DEX but does not in any way perform
any of the functions of the DEX, which are handled exclusively by smart contracts
operating on a public blockchain.
The Website is merely one of a number of ways of accessing such smart contracts. Users can
interact with the same smart contracts otherwise directly, including to develop and build
their own user interfaces on top of such smart contracts.
We reserve the right in our sole discretion to modify or discontinue any parts of the
Website at any time and without any liability.
2. Who May Use the Website
The Website is offered and available to users who are 18 years of age or older.
The Website is not intended for children under 18 years of age.
By using the Website, you represent and warrant that you:
are 18 years of age or older,
are not barred to use the Website under any applicable law, and
are using the Website only for your own personal use.
If you do not meet these requirements, you must not access or use the Website.
3. Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All
changes are effective immediately when they are posted to the Website.
Your continued use of the Website following the posting of revised Terms of Use 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.
4. Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website, and any service or material we
provide on the Website, in our sole discretion without notice.
We do not guarantee that our Website or any content on them will always be available or be
interrupted.
We will not be liable if for any reason all or any part of the Website is unavailable at
any time or for any period.
From time to time, we may restrict access to some parts of the Website, or entire Website,
to users.
To access the Website or some of the resources it offers, you may be asked to provide
certain registration details or other information.
It is a condition of your use of the Website that all the information you provide on the
Website is correct, current, and complete.
No personal information is retained or processed in any way by Provider or on Provider's
behalf.
5. Intellectual Property Rights
Unless otherwise indicated, the Website is our exclusive property and all:
source code, databases, functionality, software, website designs, information, audio,
video, text, photographs, and graphics on the Website (collectively, the "Content"), and
the trademarks, service marks, and logos contained therein (collectively, the "Marks"),
are owned or controlled by us, and are protected by copyright, trademark and other
intellectual property laws and international conventions.
You are not permitted to use the Marks without our prior written consent or, where we are
not the owner of the relevant Mark, of the owner of that Mark.
Except as expressly provided herein, Provider and its licensors do not and shall not be
deemed to grant any express or implied license to the Website or the Content.
By using the Website, you agree not to copy, reproduce, aggregate, republish, download,
post, display, transmit, modify, rent, lease, loan, sell, assign, distribute, license,
sublicense, sell, reverse engineer, create derivative works based on, or otherwise exploit
for any commercial purposes whatsoever, the Website or the Content, without Provider's
express prior written permission.
If you are eligible to use the Website, you are granted a limited license to access and
use the Website and the Content to which you have properly gained access solely for your
personal use.
You may not modify or alter the Content in any way. We reserve all rights not expressly
granted to you in and to the Website, the Content and the Marks.
6. Prohibited Uses
6.1 Lawful Purpose
You may use the Website only for lawful purposes and in accordance with these Terms of Use.
You agree not to use the Website:
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 United States 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 which does not
comply with these Terms of Use;
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 Provider, a contractor of Provider, another user,
or any other person or entity (including, without limitation, by using e-mail addresses or
screen names associated with any of the foregoing); and
to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the
Website, or which, as determined by us, may harm Provider or users of the Website or
expose them to liability.
6.2 Lawful Use
Additionally, you agree not to:
use the Website in any manner that could disable, overburden, damage, or impair the
Website or interfere with any other party's use of the Website, including their ability to
engage in real time activities through the Website;
use any robot, spider, or other automatic device, process or means to access the Website
for any purpose, including monitoring or copying any of the material on the Website;
use any manual process to monitor or copy any of the material on the Website 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
Website;
introduce any viruses, trojan horses, worms, logic bombs, or other material which is
malicious or technologically harmful;
attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of
the Website, the server(s) on which the Website is stored, or any server, computer or
database connected to the Website;
attack the Website via a denial-of-service attack or a distributed denial-of-service
attack; and
otherwise attempt to interfere with the proper working of the Website.
7. Reliance on Information Posted
7.1 Reliance Disclaimer
The information presented on or through the Website is made available solely for general
information purposes. We do not warrant the accuracy, completeness or usefulness of this
information. 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 Website, or by anyone who may be informed of
any of its contents.
Specifically, no advice that is posted on the Website should be taken as investment advice
or a recommendation to undertake or refrain from undertaking any specific investment
activity.
Where any descriptions of functionality are posted these are for informational and
demonstrationl purposes only and are not in any way intended to represent an endorsement
of any particular token or asset that may be referenced therein, in any manner.
The Website may include content provided by third parties, including materials provided by
third-party licensors, syndicators, aggregators, and/or reporting services. All statements
and/or opinions expressed in these materials, other than the content provided by Provider,
are solely the opinions and the responsibility of the person or entity providing those
materials and do not necessarily reflect the opinion of Provider.
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.
7.2 Changes to the Website
We may update the content on the Website from time to time, but we make no warranty or
representation that its content is necessarily complete or up-to-date at any specific
time.
Any of the material on the Website may be out of date at any given time, and we are under
no obligation to update such material.
8. Website Links
8.1 Linking to the Website
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.
You must not establish a link in such a way as to suggest any form of formal association,
approval or endorsement on our part without our express written consent.
Notwithstanding the foregoing, you may confirm protocol compatibility on your own website,
provided that there is no suggestion that Provider or any of its affiliates have tested,
verified or endorsed such confirmation.
8.2 Links from the Website
If the Website 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 Website linked to the Website, you do so
entirely at your own risk and subject to the terms and conditions of use for such Website.
We reserve the right to withdraw linking permission without notice.
9. Geographic Restrictions
The owner of the Website is based in the British Virgin Islands. We make no claims that
the Website or any of its content is accessible or appropriate outside of the British
Virgin Islands.
Access to the Website may not be legal by certain persons or in certain countries. If you
access the Website from outside the British Virgin Islands, you do so on your own
initiative and are responsible for compliance with local laws.
10. Warranties, Limitation of Liability and Indemnity
10.1 Warranties disclaimer
You understand that we cannot and do not guarantee or warrant that files available for
downloading from the internet or the Website will be free of viruses or other destructive
code, nor that any in-browser data processing performed on the Website in connection with
placing orders on the DEX will be complete, accurate, or free from error.
You are solely responsible for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for anti-virus protection and accuracy of data input
and output, and for maintaining a means external to our site for any reconstruction of any
lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A 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
WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF
ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE IS AT YOUR OWN RISK.
THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. NEITHER SARK NOR ANY PERSON ASSOCIATED WITH SARK MAKES ANY
WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY,
QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, NEITHER SARK NOR ANYONE ASSOCIATED WITH SARK REPRESENTS
OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT THE WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
SARK 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.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF WARRANTIES OR LIMITATIONS ON THE DURATION OF
IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRETIES, BUT
WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
10.2 Limitation on Liability
IN NO EVENT WILL SARK, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS, OR DIRECTORS 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 WEBSITE, ANY
WEBSITE LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITE OR ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITE, INCLUDING:
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING
BUT NOT LIMITED TO 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER
APPLICABLE LAW WHICH MAY INCLUDE FRAUD.
10.3 Indemnification
You agree to defend, indemnify, and hold harmless Provider, its affiliates, licensors, and
service providers, and its and their respective officers, directors, employees, contractors,
agents, licensors, suppliers, successors, and assigns from and against any claims,
liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including
reasonable attorneys' fees) arising out of or relating to your violation of these Terms of
Use or your use of the Website, including, but not limited to:
any use of the Website' content, services and products other than as expressly authorized
in these Terms of Use; or
your use of any information obtained from the Website.
11. General Provisions
11.1 Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use 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
British Virgin Islands without giving effect to any choice or conflict of law provision or
rule (whether of the British Virgin Islands or any other jurisdiction).
Any dispute, controversy or claim arising out of or relating to this contract, or the
breach, termination or invalidity thereof, shall be settled by arbitration in accordance
with the BVI IAC Arbitration Rules. The number of arbitrators shall be three. The place of
arbitration shall be Road Town, Tortola, British Virgin Islands, unless the Parties agree
otherwise. The language to be used in the arbitral proceedings shall be English.
Any breach by you of these Terms of Use could cause Provider irreparable harm for which it
has no adequate remedies at law. Accordingly, Provider on is entitled to seek the remedies
of specific performance or injunctive relief for any such breach and nothing herein shall
be construed as preventing Provider from seeking such relief.
11.2 Waiver and Severability
No waiver by Provider of any term or condition set forth in these Terms of Use 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 Provider to assert a right or provision under these
Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use 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 of Use will continue in full force and effect.
11.3 Entire Agreement
The Terms of Use and other terms and conditions applicable at the time you access the
Website constitute the sole and entire agreement between you and Provider with respect to
the Website and supersede all prior and contemporaneous understandings, agreements,
representations and warranties, both written and oral, with respect to the Website.