Terms Of Services
Last modified on 12 April, 2022
PREAMBLE
P1. Welcome to CADMOS
This is the CADMOS site (the "CADMOS Site" or the "Site" or the "Service"). CADMOS. and/or its affiliates (hereinafter collectively referred to as, "CADMOS", "we," "us," or "our") rationalized DeFi native Asset Management services. The CADMOS site provides information about the fundamentals, means of access and resources of the several decentralized and permissionless investment pool protocols called the Cadmos Protocol (the "Cadmos Protocol" or "Protocol").
NOTICE
BY ACCESSING OR USING ANY OF THE SERVICES, FUNCTIONS OR FEATURES OFFERED FROM TIME TO TIME ON THE SITE; including, without limitation, cadmos.finance (and any respective subdomains); applications (collectively with any materials and services available therein, and successor website(s) or application(s) thereto, the "site"), and other services that link to these terms, as well as any information, text, links, graphics, photos, audio, video, or other materials stored, retrieved or appearing thereon, whether accessed through the site or otherwise (collectively or individually, the "Services"), THE USER (ALSO REFERRED TO AS "YOU" OR "YOUR") ACKNOWLEDGES TO ENTER INTO A BINDING AGREEMENT WITH CADMOS (each of you and we, collectively, the "parties" or each one individually referred to as a "party") THAT INCLUDE THESE TERMS OF SERVICE, CADMOS.FINANCE - privacy policy, and other policies referenced herein (collectively, the "Agreement").
Please note that these Terms of Service should be read in conjunction with the Privacy Policy.
These Terms of Service constitute the entire agreement and understanding with respect to the use of any or all of the Services, and any manner of accessing them via the Site.
P2. Arbitration clause and class action waiver
PLEASE carefully TAKE NOTICE OF THE ARBITRATION PROVISION set forth at Article 14. According to the arbitration provision, all users of the Site are to resolve disputes on an individual basis through final and binding arbitration. By using this Site and entering this agreement, you expressly acknowledge that you have read and understand all of the terms of this agreement as well as its implications.
You hereby waive any rights you may have to pursue or participate in class or collective action pertaining to any claims of any sorts between you and the company. No adjudicator may consolidate or join more than one Person’s or users’ claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding.
P3. Use of the Services and of the Site
To use the Services, you must legally be able to enter into the Agreement. By using the Services, you represent and warrant that you meet the eligibility requirements set at Article 6 and that you are not a prohibited person according to Articles P3.2. If you do not meet the requirement or fall under the prohibition cases, you must not access or use the Site or the Services.
Furthermore, by using any of the Services, you acknowledge that you have read, understand, and completely agree to these Terms of Service, as updated and amended from time to time. If you do not agree to be bound by these Terms of Service or with any subsequent amendments, changes, or updates, you may not use any of the Services. Nevertheless, if you do use any of the Services you will be bound by the Terms of Service, as amended.
If you persist in not wanting to be bound by the Terms of Service, your only recourse is to stop using all of the Services.
In general, CADMOS recalls that the use of the Site and any Services is void where such use is prohibited by, would constitute a violation of, or would be subject to penalties under applicable Laws, and shall not be the basis for the assertion or recognition of any interest, right, remedy, power, or privilege.
The following individual, association, partnership, corporation, other body corporate, trust, estate, and any form of organization, group, or entity cognizable as legal personalities (hereinafter refereed to as “Persons”) are prohibited from using this Service :
P3.2.1: Persons domiciled or ordinarily resident in, certain nationals of, or the Governments or Government Officials of Prohibited Jurisdictions, (as defined below);
P3.2.2: Any Person that resides, is located, has a place of business, or conducts business in the State of New York; and
P3.2.3: U.S. Persons (as defined below).
P3.2.3: Any persons subject to sanctions of any kind by the U.S. government or the European Union.
For the avoidance of doubt, any prohibited persons, any individual who is a U.S. Person and any entity that is a U.S. Person are prohibited from using the Site or any Services, including but not limited to interacting with the Protocols. Exceptions to this policy may be made by CADMOS, in its sole discretion.
Nothing in these Terms of Service gives you any license (other than as set out below), right, title, or ownership of, in, or to the Site, any of the Services, the Copyrights or the Marks. The Site may suspend or terminate the Services to you, your Digital Tokens Wallet, or to any of your Digital Tokens Address at its sole discretion, as required by applicable Laws or where CADMOS determines that you have violated, breached, or acted inconsistent with any of these Terms of Service.
P4. Update of the Services and the Terms
These Terms of Service may be amended, changed, or updated by CADMOS at any time and without prior notice to you. You should check back often on the Site to confirm that your copy and understanding of these Terms of Service is current and correct. Your non-termination or continued use of any Services after the effective date of any amendments, changes, or updates constitutes your acceptance of these Terms of Service, as modified by such amendments, changes, or updates.
Terms of Services
1. What is CADMOS.finance ?
CADMOS.finance provides information about the fundamentals of the Cadmos Protocol, which is a fully decentralised protocol deployed on multiple blockchain networks and systems and provides information about the wider Cadmos ecosystem, including various interfaces and integrations to the Cadmos Protocol. CADMOS reminds you that the protocol is decentralized, permissionless and uncontrollable and hence entirely outside of our control.
- neither we nor our parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors are a party to any transaction on the blockchain networks underlying the Cadmos Protocol ;
- we do not have possession, custody or control over any cryptoassets appearing on the Services;
- we do not have possession, custody, or control over any user’s funds.
- we do not store, send, or receive any cryptoassets.
All information provided in connection with your access and use of the Site and the Services is for informational purposes only. By using this site, you acknowledge that you do so with free and informed consent over which we have no control or influence whatsoever. You should not take, or refrain from taking, any action based on any information contained on the Site or any other information that we make available at any time, including blog posts, data, articles, links to third-party content, discord content, news feeds, tutorials, tweets, and videos.
Before you make any financial, legal, technical, or other decisions involving the Services, you should seek independent professional advice from a licensed and qualified individual in the area for which such advice would be appropriate. The Services provide, or third parties may provide, links to other sites, applications, or resources. You acknowledge and agree that CADMOS is not responsible for the availability of such external sites, applications or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
2. Disclaimer of Responsibility
You generally acknowledge and agree that CADMOS 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 such content, goods, or services available on the site.
CADMOS makes no representations or warranties or guarantees to you of any kind. The services are provided on an “as is” and “as available” basis. CADMOS, our parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively referred to as the “CADMOS indemnified parties”) make no guarantees of any kind in connection with the services. To the maximum extent permitted under applicable law, the CADMOS indemnified parties disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement and disclaim all responsibility and liability for:
2.1.1: the services being accurate, complete, current, reliable, uninterrupted, timely, secure, or error-free. information (including, without limitation, the value or outcome of any transaction) available through the service is provided for general information only and should not be relied upon or used as the sole basis for making decisions. any reliance on the services is at your own risk.
2.1.2: any injury or damage resulting from the services, being also understood any physical, mental or moral damage.
2.1.3: further, you expressly acknowledge that the CADMOS indemnified parties are not responsible for loss or damage caused by another user’s conduct, unauthorized actors, or any unauthorized access to or use of the services.
2.1.4: viruses, worms, trojan horses, time bombs, cancel bots, spiders, malware or other type of malicious code that may be used in any way to affect the functionality or operation of the services.
Engaging in transactions that rely on smart contracts and other experimental technology imply risks that you fully recognize to assume.
Transactions processed through the Service rely on smart contracts stored on various blockchains, cryptographic tokens generated by the smart contracts, and other nascent software, applications and systems that interact with blockchain-based networks. These technologies are experimental, speculative, inherently risky, and subject to change.
Risks include, but are not limited to,
2.2.1: Digital risks: bugs, malfunctions, cyberattacks, or changes to the applicable blockchain (e.g., forks) or to the Protocol smart contracts could disrupt these technologies and even result in a total loss of cryptoassets, their market value, or digital funds.
2.2.2: Legal Risk: The ability to withdraw or liquidate tokens or crypto-assets deployed within the Protocol may suddenly vanish without any forward warning.
2.2.3: Liquidity Risks: The ability to withdraw or liquidate tokens or crypto-assets deployed within the Protocol may suddenly vanish without any forward warning.
2.2.4: Market Risk: The market price of cryptoassets and tokens obtained through the Protocol may be subject to wild fluctuations, possibly leading into a partial or total loss of value.
2.2.5: Counterparty Risks: Some crypto-asset or tokens obtained through the Protocol may be subject to counterparty risk. It is crucial to note that the Protocol being entirely decentralized and permissionless, CADMOS cannot exercise any control on investment pools, tokens or other cryptoassets available on the Protocol nor on to which counterparty risk they may be exposed to. Users are responsible for applying proper due-diligence and risk control mechanisms when obtaining or trading with any Digital Tokens on the Protocol.
You acknowledge :
2.3.1: to be fully responsible and liable for your trading and non-trading actions and inactions on the Site and all gains and losses sustained from your use of the Site and any of the Services.
2.3.2: to be solely responsible for the safekeeping of the private key associated with the blockchain address used to interact with the Protocol. Any unauthorized access to your wallet by third parties could result in the loss or theft of any cryptoasset, or any funds held in your account and any associated accounts. You understand and agree that we have no involvement in, and you will not hold us responsible for managing and maintaining the security of your wallet. You further understand and agree that we are not responsible, and you will not hold us accountable, for any unauthorized access to your wallet. It is your responsibility to monitor your wallet. If you are not comfortable assuming these risks, you should not access or engage in transactions using blockchain-based technology.
2.3.3: the risks of using the Services. You bear sole responsibility for evaluating the Services before using them, and all transactions accessed through the Services are irreversible, final, and without refunds. The Services may be disabled, disrupted or adversely impacted as a result of sophisticated cyber-attacks, surges in activity, computer viruses, and/or other operational or technical challenges, among other things. We disclaim any ongoing obligation to notify you of all of the potential risks of using and accessing our Services. You agree to accept these risks and agree that you will not seek to hold CADMOS responsible for any consequent losses.
2.3.4: to access and use the Services, including, without limitation, the Site at your own risk
2.3.5: to be solely responsible for conducting your own due diligence into the risks of a transaction and the underlying smart contracts and cryptoassets.
CADMOS assumes no liability or responsibility for and shall have no liability or responsibility for any claim, application, loss, injury, delay, accident, cost, business interruption costs, including but not limited to any other expenses (including, without limitation, attorneys’ fees or the costs of any claim or suit), any incidental, direct, indirect, general, special, punitive, exemplary, or consequential damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, or any and all other commercial losses (collectively, referred to herein as “Losses”) directly or indirectly arising out of or related to:
2.4.1: these Terms of Service;
2.4.2: the Site, and your use of it;
2.4.3: the Services, and your use or misuse (including, without limitation, unauthorized access of the services) or termination, suspension or restriction of access of any of them;
2.4.4: any inaccurate, misleading, or incomplete statement by CADMOS or on the Site regarding the protocols, whether caused by CADMOS’ negligence or otherwise;
2.4.5: user error, such as forgotten passwords or incorrectly constructed smart contracts or other transactions
2.4.6: any failure, delay, malfunction, interruption, data loss or decision (including any decision by CADMOS to vary or interfere with your rights) by CADMOS in operating the Site or providing any Service;
2.4.7: any stolen, lost, or unauthorized use of your Digital Tokens Wallet information, any breach of security or data breach related to your Digital Tokens Wallet information, or any criminal or other third party act affecting CAMOS or any Associate; or,
2.4.8: malfunction, unexpected function or unintended function of the blockchain, any computer or cryptoasset network (including any wallet provider), including without limitation losses associated with network forks, replay attacks, double-spend attacks, sybil attacks, 51% attacks governance disputes, mining difficulty, changes in cryptography or consensus rules, hacking, or cybersecurity breaches;
2.4.9: malfunction, unexpected function or unintended function of the Protocol or any smart contract relied upon by the Protocol;
2.4.10: any change in value of any cryptoasset;
2.4.11: any change in law, regulation, or policy;
2.4.12: any offer, representation, suggestion, statement, or claim made about CADMOS, the Site, or any Service by any Associate;
2.4.13: any delay in withdrawal or redemption, or loss of value of the crypto currencies used in the protocols resulting from failure or insolvency of any bank, depository, custodian, borrower, or payment processor holding or processing the crypto currencies, or from the theft of such assets, or from freezes, seizures, or other legal process asserted by a Government; or,
2.4.14: another Person using your Digital Tokens, Digital Tokens Wallet, account or password, with or without your knowledge.
You hereby agree to release the CADMOS indemnified parties from liability for any and all Losses, and you shall indemnify and save and hold the CADMOS and each and every one of their respective shareholders, directors, officers, Affiliates, employees, contractors, agents, partners, insurers, and attorneys who or that are acting or performing or has acted or performed services for the benefit of or on behalf of the Site (hereinafter referred to as the “Associates”) harmless from and against all Losses.
The foregoing limitations of liability shall apply whether the alleged liability or Losses are based on contract, negligence, tort, unjust enrichment, strict liability, violation of law or regulation, or any other basis, even if the CADMOS indemnified parties have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of any other remedies.
One of the defining features of blockchain technology is that its entries are immutable, which means, technically speaking, that they cannot be deleted or modified by anyone. This includes smart contracts and cryptoassets generated and programmed by smart contracts. THUS, TRANSACTIONS RECORDED ON THE BLOCKCHAIN, INCLUDING TRANSFERS OF CRYPTOASSETS AND DATA PROGRAMMED INTO THESE ASSETS (SUCH AS REVENUE AND INTEREST ALLOCATIONS), MUST BE TREATED AS PERMANENT AND CANNOT BE UNDONE BY CADMOS OR BY ANYONE. YOU MUST BE EXTREMELY CAREFUL WHEN YOU PERFORM A TRANSACTION THAT IS TO BE RECORDED ON THE BLOCKCHAIN.
You further acknowledge and agree that CADMOS is not liable for any losses or issues that may arise from third-party transactions, including, but not limited to, any network, or apps or (including any consequences for illegal transactions that may be triggered under these Terms of Service), quality, delivery, or satisfaction with any products purchased by means of a Digital Token transfer. The use and access of any third-party products or services, including through the Services, is at your own risk.
You agree to the automated collection and disbursement of proceeds by smart contracts. You acknowledge and agree that all transactions accessed through the Service will be automatically processed using one or more blockchain-based smart contracts. By engaging in transactions using the Services, you acknowledge and consent to the automatic processing of all transactions in connection with using the Services. You further acknowledge and agree that the applicable smart contract will dictate how the funds of a transaction and ownership of cryptoassets are distributed.
As a condition to accessing or using the Services or the Site, you acknowledge, understand, and agree that from time to time, the Site and the Services may be inaccessible or inoperable for any reason, including, but not limited to equipment malfunctions, periodic maintenance procedures or repairs, causes beyond our control or that we could not reasonably foresee, disruptions and temporary or permanent unavailability of underlying blockchain infrastructure or unavailability of third-party service providers or external partners for any reason.
As a reminder, you acknowledged and agreed above that you will access and use the Services, including, without limitation, the Site, at your own risk. You should not engage in blockchain-based transactions unless it is suitable given your circumstances and financial resources.
CADMOS recalls you that according to article 2.1, the services are provided on an “as is” and “as available” basis including but not limited to no warranty on quality of the service, expected performance or functionality, speed and transaction record, the absence of bugs.
CADMOS does not provide any investment advice or advice on trading techniques, models, algorithms, or any other schemes.
Some jurisdictions do not allow the exclusion or limitation of certain warranties and liabilities provided in this section; accordingly, some of the above limitations and disclaimers may not apply to you. To the extent applicable law does not permit CADMOS Indemnified Parties to disclaim certain warranties or limit certain liabilities, the extent of CADMOS Indemnified Parties’ liability and the scope of any such warranties will be as permitted under applicable law.
3. Prohibited Use
By using these services, you agree not to make such uses as described below, which are strictly prohibited. In addition, such uses strictly prevent you from using our services.
You may not:
3.1.1: use the Site or any Services in order or to promote or facilitate, illegal activity (including, without limitation, money laundering, financing terrorism, tax evasion, buying or selling illegal drugs, contraband, counterfeit goods, or illegal weapons);
3.1.2: use the Site or any Services if any applicable Laws, including but not limited to AML Laws, CTF Laws, Anti-Corruption Laws, Economic Sanctions Laws, prohibit, penalize, sanction, or expose the Site to liability for any Services furnished or offered to you or any of your Digital Tokens Wallet(s) or Digital Tokens Address(es) under these Terms of Service;
3.1.3: use the Site or any of the Services, or any financial services of any U.S. Financial Institution, whether or not an Affiliate or Associate of CADMOS, to facilitate, approve, evade, avoid, violate, attempt to violate, aid or abet the violation of, or circumvent any applicable Laws, including but not limited to AML Laws, CTF Laws, Anti-Corruption Laws, and Economic Sanctions Laws;
3.1.4: use the Site or any Services to evade taxes under any jurisdiction(s) applicable to you or the Site;
3.1.5: use the Site or any Services to: (i) engage or attempt to engage in wash trading, spoofing, fictitious trading or price manipulation; (ii) enter orders or quotes in any Digital Token market with the intent to disrupt, or with reckless disregard for the adverse impact on, the orderly conduct of trading or the fair execution of transactions; or (iii) enter orders or quotes in any Digital Token market with the intent of creating the false impression of market depth or market interest;
3.1.6: use the Site or any Services with anything other than Fiat, funds, keys, property, or Digital Tokens that have been legally obtained by you and that belong to you;
3.1.7: use the Site or any Services to engage in conduct that is detrimental to CADMOS or to any other Site user or any other third party;
3.1.8: use the Site or any Services to interfere with or subvert the rights or obligations of CADMOS or the rights or obligations of any other Site user or any other third party or cause legal liability for CADMOS or other Site user;
3.1.9: take advantage of any technical glitch, malfunction, failure, delay, default, or security breach on the Site;
3.1.10: cause injury to, or attempt to harm, CADMOS or any third party through your access to the Site or any Services; upload or transmit viruses, worms, Trojan horses, time bombs, cancel bots, spiders, malware or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services;
3.1.11: use the Services under false or fraudulent pretenses or otherwise being deceitful;
3.1.12: where you are subject to prohibitions or restrictions as set forth in paragraph P.3.2, access the Site or use any Services utilizing any virtual private network, proxy service, or any other third party service, network, or product with the effect of disguising your IP address or location, or access the Site or use any Services using a Digital Tokens Address in or subject to the jurisdiction of any Prohibited Jurisdiction or Government or Government Official thereof; or,
3.1.13: violate, cause a violation of, or conspire or attempt to violate these Terms of Service or applicable Laws.
3.1.14: not comply any element of the Terms of Services as set below or above.
Any use, whether actual or suspected, as described in this paragraph shall constitute a “Prohibited Use.”
If CADMOS determines that you have engaged in any Prohibited Use, CADMOS may sanction such Prohibited Use, at its sole and absolute discretion.
Such sanction may include, but is not limited to, making a report to any Government, law enforcement, or other authorities, without providing any notice of you about any such report; suspending or terminating your access to any Service. Government, law enforcement, or other authorities where circumstances warrant. In addition, should your actions or inaction result in the imposition of economic costs to CADMOS, you shall pay an amount to CADMOS so as to render CADMOS whole, including without limitation, the amount of taxes or penalties that might be imposed on CADMOS.
4. Taxes
CADMOS is not responsible for your taxes and duties. Users bear sole and entire responsibility for paying any and all taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority associated with their use of the Services, and/or payable as the result of using and/or exploiting any cryptoassets and interacting with smart contracts.
Blockchain-based transactions have not yet received a precise legal regime, and their tax status is still uncertain.
5. Intellectual Property
5.1 The trademarks, service marks, and trade names, including both word marks and design marks (the "Mark(s)") are the property of CADMOS or other third parties. You agree not to appropriate, copy, display, or use the Marks or other content without express, prior, written permission from CADMOS or the third-party owner of the Marks, including without limitation, as a domain name, as social media profile/handle, on a website, in an advertisement, as or in connection with a phone number, as or in connection with an email address, in Internet search results, in meta data or code, or in any other manner;
5.2 Unless otherwise indicated, all materials on the Site are copyrighted by, and owned exclusively by, CADMOS ("Copyrights"). CADMOS reserves all rights in its Copyrights. You agree not to appropriate, copy, display, or use the Copyrights or other content without express, prior, written permission from CADMOS;
5.3 You may link to the Site’s homepage or other pages, provided you do so in a way that is fair and legal and does not damage CADMOS’ 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 CADMOS’ part without prior, express, written consent;
5.4 The Site may provide certain social media features that enable you to link, send communications, or display certain content from the Site. You may use these features solely as they are provided by CADMOS. You may not establish a link from any website that is not owned by you, cause the Site or portions of it to be displayed on or by any other site (for example, framing, deep linking, or in-line linking), or otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms; and
5.5 The Site and Services are owned by CADMOS, its licensors, or other providers, and are protected by copyright, trademark, and other intellectual property or proprietary rights laws in various jurisdictions. All rights not expressly granted to you in these Terms are reserved by CADMOS. Except as expressly authorized by CADMOS or its licensors, you will not (a) license, sublicense, rent, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Site or Service in any way; (b) copy, modify, republish, distribute, or make derivative works based upon the Site or Service; (c) “frame” or “mirror” the Site or Service on any other server or wireless or Internet-based device; or (d) reverse engineer or access the Site or its Services in order to (i) build a competitive product or service, (ii) build a product or service using similar ideas, features, functions, or graphics of the Site or Service, or (iii) copy any ideas, features, functions, or graphics of the Site or Service.
6. Your Representations & Warranties
You represent and warrant to CADMOS as follows:
6.1 that, if you are an individual user, you are of legal age, have at least 18 years old and that you have the capacity to contract under applicable Laws, that your consent is free and informed and not subject to to any constraint that would vitiate it
6.2 that, if you are using the Site on behalf of a legal entity, (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf;
6.3 that you understand the risks associated with using the Site, that you are not prohibited or restricted from using the Site by paragraph P.3.2 of these Terms, and that you are not otherwise prohibited by any applicable Laws from using the Site;
6.4 that you will not use the Site or any Services in order to conceal or disguise the origin or nature of proceeds of crime or terrorist financing, or blocked property, frozen assets, economic resources, or corruption related to any Person or Government Official under any applicable Laws, or to further any breach of applicable AML Laws or CTF Laws, or to deal in any unlawful Digital Tokens, Fiat, property, funds, or proceeds;
6.5 that you will not trade or obtain financing on the Site or use any Services with anything other than funds that have been legally obtained by you and that belong to you;
6.6 that, to the extent not penalized by or in conflict with United States Laws, you are currently in compliance with, and must, at your own cost and expense, comply with all Laws that relate to or affect the Services conducted under these Terms of Service, including but not limited to AML Laws, CTF Laws, Anti-Corruption Laws, Economic Sanctions Laws, or tax Laws, including FATCA and CRS
6.7 that you consent to any and all tax and information reporting under AML Laws, CTF Laws, Anti-Corruption Laws, Economic Sanctions Laws, or tax Laws, including FATCA and CRS, as CADMOS may reasonably determine;
6.8 that neither you nor any of your Affiliates shall use any or funds subject to the Services of the Site directly or indirectly (i) on behalf of or for the benefit of a Sanctioned Person (such as defined below) or any Person subject to the jurisdiction of a Prohibited Jurisdiction, (such as defined below) except where authorized under any Government Approval (such as defined below)or not restricted by applicable Laws; (ii) in violation of or as prohibited, restricted, or penalized under applicable Economic Sanctions Laws (such as defined below); or (iii) in any way that would violate, be inconsistent with, penalized under, or cause the omission of filing of any report required under applicable AML Laws, CTF Laws, or Economic Sanctions Laws;
6.9 that you have not (i) violated; (ii) been fined, debarred, sanctioned, the subject of Economic Sanctions-related restrictions, or otherwise penalized under; (iii) received any oral or written notice from any Government concerning actual or possible violation by you under; or (iv) received any other report that you are the subject or target of sanctions, restrictions, penalties, or enforcement action or investigation under, any applicable Laws, including AML Laws, CTF Laws, Anti-Corruption Laws, or Economic Sanctions Laws;
6.10 that neither you nor anyone in relation to you, including but not limited to a direct or indirect subsidiary, a holding company, and any other subsidiary of that holding company (hereinafter referred to as an "Affiliate") or an Affiliate of your Affiliates is:
6.10.1 itself or owned or controlled by a Sanctioned Person;
6.10.2 involved in any transaction, transfer, or conduct, whether or not by using or receiving the Services from any Digital Tokens Wallet or Digital Tokens Address, that is likely to result in you or your affiliates becoming a Sanctioned Person; or
6.10.3 residing or domiciled in, or transferring Digital Tokens, Fiat, funds, or property to, from, or through any Digital Tokens Wallet, Digital Tokens Address, or other account in, a Prohibited Jurisdiction or Government or Government Official of a Prohibited Jurisdiction;
6.11 that neither you nor any of your Affiliates has directly or indirectly offered, promised, given, or authorized any payment, or offered, promised, given, or authorized the giving of anything else of value, including any Digital Tokens, to a Government Official or individual employed by another entity in the private sector in violation of any applicable Anti-Corruption Laws;
6.12 that any instructions received or undertaken through the Service are deemed to be valid, binding, and conclusive, and that CADMOS may act upon those instructions without any liability or responsibility attaching to it;
6.13 that you will accurately and promptly inform CADMOS if you know or have reason to know whether any of the foregoing representations or warranties no longer is correct or becomes incorrect.
6.14 that by using the Services, you have been, are and will be solely responsible for conducting your own due diligence into the risks of a transaction and the underlying smart contracts and cryptoassets.
7. Indemnification
You agree to indemnify, defend, and hold harmless the CADMOS Indemnified Parties from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:
7.1 your breach or alleged breach of the Agreement (including, without limitation, these Terms);
7.2 anything you contribute to the Services;
7.3 your misuse of the Services, or any smart contract and/or script related thereto;
7.4 your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities;
7.5 your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property, or privacy right;
7.6 your use of a third-party product, service, and/or website;
or 7.7 any misrepresentation made by you.
We reserve the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of any claim. You will not in any event settle any claim without our prior written consent.
8. No Waiver
Any failure by CADMOS to exercise any of its respective rights, powers, or remedies under these Terms of Service, or any delay by CADMOS in doing so, does not constitute a waiver of any such right, power, or remedy. The single or partial exercise of any right, power, or remedy by CADMOS does not prevent either from exercising any other rights, powers, or remedies
9. Force Majeure
CADMOS is not responsible for damages caused by delay or failure to perform undertakings under these Terms of Service when the delay or failure is due to fires; strikes or labor disputes; riots; embargoes; floods; bank failures; Crypto or Digital Tokens market collapse or fluctuations; power outages or failures; acts of God or the state’s enemies; lawful acts of public authorities; any and all market movements, shifts, or volatility; computer, server, or Internet malfunctions; Internet disruptions, viruses, and mechanical, power, or communications failures; security breaches or cyber attacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of third parties; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against or that are otherwise outside CADMOS’ control.
In the event of force majeure, CADMOS is excused from any and all performance obligations and these Terms of Service shall be fully and conclusively at an end.
10. Severability
If any provision of these Terms of Service or part thereof, as amended from time to time, is determined to be invalid, void, or unenforceable, in whole or in part, by any court of competent jurisdiction, such invalidity, voidness, or unenforceability attaches only to such provision to the extent of its illegality, unenforceability, invalidity, or voidness, as may be, and everything else in these Terms of Service continues in full force and effect.
11. Assignment
These Terms of Service, and any of the rights, duties, and obligations contained herein, are not assignable by you without prior written consent of CADMOS, Indemnified Party, or to its successors in the interest of any business associated with the Services provided by us. These Terms of Service, and any of the rights, duties, and obligations contained herein, are freely assignable by CADMOS without notice or your consent. Any attempt by you to assign these Terms of Service without written consent is void.
12. Termination
This Agreement is effective unless and until terminated by either you or us. You may terminate your Agreement with us at any time by ceasing all access to the Site or the Services. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement (including without limitation any provision of these Terms), we reserve the right to terminate our Agreement with you and deny you access to the Services. We further reserve the right to restrict your access to the Site or to stop providing you with all or a part of the Services at any time and for no reason, including, without limitation, if we reasonably believe:
12.1 your use of the Services exposes us to risk or liability;
12.2 you are using the Services for unlawful purposes;
or 12.3 it is not commercially viable to continue providing you with our Services. All of these are in addition to any other rights and remedies that may be available to us, whether in equity or at law, all of which we expressly reserve.
YOU AGREE THAT WE MAY REMOVE THE SERVICES AND/OR ANY CONTENT THEREON FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.
13. Governing Law
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Lebanon.
14. The Services
If you comply with these Terms of Service, CADMOS grants you the limited right to use the Site and the Services.
Contingent upon your ongoing compliance with the Agreement, we grant you a personal, worldwide, revocable, non-exclusive and non-assignable license to use the Service. The only purpose of this license is to allow you to use and enjoy the Services solely as permitted by these Terms.
We own all rights in the Services. We own any and all right, title, and interest in and to the Services including, without limitation, any and all copyrights in and to any content, code, data, or other materials that you may access or use on or through the Services. Except as expressly set forth herein, your use of or access to the Services does not grant you any ownership or other rights therein.
15. Resolution of Dispute - Arbitration Clause
PLEASE REVIEW THE ARBITRATION PROVISION SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE ALL CADMOS CUSTOMERS TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Any dispute, controversy or claim arising out of or relating to this contract, its interpretation, execution, the termination or invalidity thereof, shall be settled by arbitration in accordance with the Rules of Arbitration of the Lebanese Arbitration and Mediation Centre of the Beirut and Mount-Lebanon Chamber of Commerce, Industry and Agriculture.
The place of Arbitration shall be Beirut.
The language of Arbitration shall be English.
One arbitrator shall be appointed to settle the dispute.
The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” subsection of these Terms as to the types and amounts of damages for which a party may be held liable. The prevailing party will be entitled to an award of their reasonable attorney’s fees and costs. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
INTERPRETATION
In these Terms of Service and all documents incorporated herein by reference, the following words have the following meanings unless otherwise indicated:
1. What is CADMOS.finance ?
I.1. Associates : CADMOS and each and every one of their respective shareholders, directors, officers, Affiliates, employees, contractors, agents, partners, insurers, and attorneys who or that are acting or performing or has acted or performed services for the benefit of or on behalf of the Site
I.2.CADMOS indemnified parties: CADMOS, CADMOS’ parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors
I.3.CADMOS Site : CADMOS
means a cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically
I.4. Cryptoasset : means a cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically
I.5. Digital Tokens : means any intangible asset representing, in digital form, one or more rights that may be issued, recorded, stored or transferred by means of a shared electronic recording device that identifies, directly or indirectly, the owner of such asset.
I.6. Economic Sanctions : means financial sanctions, trade embargoes, export or import controls, anti-boycott, and restrictive trade measures enacted, administered, enforced, or penalized by any Laws applicable to you or the Site;
I.7. Fiat : A currency whose value is derived primarily from a government or institution that decides its legal tender.
I.8. Government : any body of persons that constitutes the governing authority of a political unit or organization, any national, federal, state, municipal, local, or foreign branch of government, including any department, agency, subdivision, bureau, commission, court, tribunal, arbitral body, or other governmental, government appointed, or quasi-governmental authority or component exercising executive, legislative, juridical, regulatory, or administrative powers, authority, or functions of or pertaining to a government instrumentality, including any parasternal company, or state-owned (majority or greater) or controlled business enterprise;
I.9.Government Approval : means any authorization, consent, approval, waiver, exception, variance, order, exemption, publication, filing, declaration, concession, grant, franchise, agreement, permission, permit, or license of, from or with any Governmental Authority, the giving notice to, or registration with, any Governmental Authority or any other action in respect of any Governmental Authority.
I.10. Government Official : means an officer or employee of any Government, a director, officer, or employee of any instrumentality of any Government, a candidate for public office, a political party or political party official, an officer or employee of a public international organization, and any Person who is acting in an official capacity for any of the foregoing, even if such Person is acting in that capacity temporarily and without compensation;
I.11. Mark(s) : The trademarks, service marks, and trade names, including both word marks and design marks of CADMOS and other third parties
I.12.Prohibited Jurisdictions : Any jurisdictions that does not meet international AML–CTF standards. This definition includes any jurisdiction identified by the FATF (Financial Action Task Force) as high-risk subject to a call for action, non-cooperative, or strategically deficient jurisdictions, or jurisdictions under increased monitoring including but not limited to Albania, Barbados, Burkina Faso, Cambodia, Haiti, Jamaica, Mali, Morocco, Myanmar, Nicaragua, Pakistan, Senegal, South Soudan, Syria, Turkey, Uganda and Yemen
I.13. Person : includes an individual, association, partnership, corporation, other body corporate, trust, estate, and any form of organization, group, or entity cognizable as legal personalities;
I.14. Prohibited Use : Any use, whether actual or suspected, as described in Article 3
I.15.Sanctions List : means the "Specially Designated Nationals and Blocked Persons" ("SDN") List and the Non-SDN List, including the “Sectoral Sanctions Identifications List”, published by OFAC; the Section 311 Special Measures for Jurisdictions, Financial Institutions, or International Transactions of Primary Money Laundering Concern published by FinCEN; and, any other foreign terrorist organization or other sanctioned, restricted, or debarred party list published by the FIA, or under Economic Sanctions, AML, or CTF Laws of or by Governments of the United States, the British Virgin Islands, the United Nations, or by the European Union or any other jurisdiction or Government, as applicable to you or to the Site, as amended, supplemented, or substituted from time to time;
I.16. Sanctioned Person : any Person or Digital Tokens Address that is: (i) specifically listed in any Sanctions List; or (ii) directly or indirectly owned 50 percent or more by any Person or group of Persons in the aggregate, or a Digital Tokens Wallet associated with such Person or Persons, referred to in any Sanctions List, or Government or Government Official of any Prohibited Jurisdiction, and (iii) that is not subject to any Government Approval or otherwise not sanctioned, restricted, or penalized under applicable Laws;
I.17.Service : CADMOS site
I.18.Site: CADMOS site
I.19.User : Any person that uses the Service
I.20. "U.S. Citizen or U.S. Resident" includes any U.S. citizen, U.S. lawful permanent resident, individual who meets the “substantial presence” test described in section 7701(b)(3) of the U.S. Internal Revenue Code of 1986 (as amended), protected individual under section 1324b(a)(3) of the U.S. Immigration and Nationality Act, or individual who holds a passport issued by the United States Government;
I.21 "U.S. Person" means:
I.21.1 “U.S. Citizen or U.S. Resident;
I.21.2 Corporation, partnership, or other entity established or organized in or under the Laws of the United States;
I.21.3 Any estate of a decedent who was a citizen or a resident of the United States;
I.21.4 Any trust if (i) a court within the United States is able to exercise primary supervision over the administration of the trust, and (ii) one or more United States Persons have the authority to control all substantial decisions of the trust; or
I.21.5 Any Person organized or incorporated outside the United States and the Territory or Insular Possession of the United States in which any of the foregoing, whether singularly or in the aggregate, directly or indirectly holds a 50 percent or greater equity interest by votes or value, holds a majority of seats or memberships on the board of directors of the entity, or authorizes, establishes, directs, or otherwise controls the actions, policies, personnel decisions, or day-to-day operations of the Person;
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