Terms of use

Preamble

1. These Terms of Service (hereinafter referred to as “ToS“) are made by and between you or the party on whose behalf you are acting (hereinafter referred to as "you", “your“) and Staketab (hereinafter referred to as “Company“ “we“, “us“ or “our“) and govern the use of all Staketab products and services (hereinafter respectively referred to as “Product“ and “Service“). By accessing or using our Product or Service you expressly agree to be bound by these ToS and all terms and conditions incorporated herein by reference. If you are entering into or accepting these ToS on behalf official a third party, be it a legal entity or an individual (hereinafter referred to as “Third Party“), you represent, warrant and covenant that you have the right, authority and capacity to bind such Third Party and its affiliates. By accessing our Products or Services, you hereby agree to adhere to all provisions hereof. If you do not agree to any or all provisions hereof, you must not begin to or discontinue using our Products and Services.

Definitions

2. The following terms shall be used in the meaning as specified below:
“Company” means Staketab and all its affiliates.
“Product” means any product developed by Staketab team including, without limitation, explorers, APIs, indexers, etc.
“Service“ means any service provided by Staketab team including, without limitation, staking services, research and analysis, development, consulting, etc.
“User“ means any individual or legal entity that uses our Products of Services.
“Partner“ means any individual or legal entity that conducts joint activity with Staketab for the purpose of mutual benefit.
“Third Party“ means any individual or legal entity other than User.
“Brand asset“ means the name and logo of any of our Products.
"Confidential Information" means all information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or, given the nature of the information and the circumstances of disclosure, should be understood to be confidential.
“Force Majeure“ means any extraordinary event or circumstance lying beyond the control of the parties.
“Disclosing Party“ means the party to an agreement that provides confidential information to the Receiving Party and relies on the Receiving Party on its security.
“Receiving Party“ means the party to an agreement that receives confidential information from the Disclosing Party and agrees not to disclose it otherwise as provided hereby.
“Cookie“ means an element of data that a website can send to the User's browser, which may then store it on the User's system. Other terms shall be used as defined in our other official documents.

Effective Date

3. These ToS shall be in full force and effect starting with the date it is posted online and shall remain active until its suspencion or termination.

Suspencion or Termination of Service

4. These ToS shall remain in full force and effect while they're displayed on any of our Products. Without limiting any other provision hereof, we may, in our sole discretion and without notice and liability to you, deny access to and use of any of our Product and suspend your access to all or a portion of our Services in the event of any Force Majeure Event, breach of any representation, warranty or covenant contained herein or of any applicable national or international law or regulation. We also reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Discontinuance of Services

5. We may, in our sole discretion and without notice and liability to you and at any time, modify or discontinue, temporarily or permanently, any portion or all of our Products, as well as deny access to and discontinue maintenance of part or all of any of our Services.

Eligibility

6.1. You can only use our Services if permitted under the laws of your jurisdiction. Please make sure that these ToS are in compliance with all laws, rules, and regulations that apply to you. Representations and warranties are statements and promises made by you to us upon which we rely as being accurate in our dealings with you. By using our Products or Services, you represent and warrant that you meet all eligibility requirements and criteria outlined herein. We may still refuse to provide to certain individuals and legal entities access to our Products or Services. We reserve the right to change our eligibility criteria at any time.
6.2. You hereby represent, warrant and covenant that you:
(a) are able to form legally binding contracts;
(b) are of sound mind and have the capacity to enter into these ToS;
(c) if you are accepting these ToS on behalf of a legal entity, you further represent and warrant that: (a) the legal entity you are representing is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (b) you are duly authorized by such legal entity to act on its behalf and can prove such authorization;
(d) you are not breaking any laws or regulations that are applicable to you or any legal entity upon whose instructions you are acting;
(e) your use of our Products or Services does not violate any laws or regulations applicable in your country of residence.

Acceptablie Use

7.1. When accessing or using our Products and Services, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Products or Services.
7.2. You have the right to:
(a) use our Products or Services for information purposes, whether associated with your private or company business interests;
(b) use our Products or Services to extract, transform and utilize the data provided by our Products and Services;
(c) access, transform and use any data we provide via our APIs;
(d) partner with Company as provided hereunder;
(e) use third-party products or services represented in our Products and Services including without limitations wallets, launchpads, marketplaces, swaps, DEXes, auctions, games and other DeFis;
(f) use all links represented in our Products;
(g) export and use online data including without limitation any images, pdf, csv, svg and other files of any type .
7.3. You hereby oblige not to:
(a) use our Products or Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully benefiting from our Products or Services, or that could damage, disable, overburden or impair the functioning of our Products or Services in any manner;
(b) use our Products or Services to pay for, support or otherwise engage in any illegal activities, including but not limited to illegal gambling, blackmailing, fraud, money laundering, acts of terrorism and other known crimes;
(c) use our Products or Services to induce national, racial, gender or any other kind of hostility or engage in a public scandal;
(d) use our Products or Services in fraudulent marketing activities;
(e) use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Products or Services or to extract data;
(f) use our branding assets in any other manner different from as specified in our Branding Asset Guidelines.
(g) use or attempt to use another user's account without authorization;
(h) attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Products or Services that you are not authorized to access;
(i) introduce to the Products or Services any virus, trojan worms, logic bombs, SQL injections or any other harmful material;
(j) develop any third-party applications that interact with our Products or Services without our prior written consent;
(k) provide false, inaccurate, or misleading information; and
(l) encourage or induce any third party to engage in any of the activities prohibited hereunder.

Company obligations

8. In providing Services and developing our Products Company and agrees to be obliged to:
(a) make Products and Services available to Users as provided hereunder and in other Company official documents;
(b) comply with all laws and governmental regulations applicable to our Products and Services;
(c) be held responsible for the performance of its personnel (including employees and contractors) and their compliance herewith.
(d) provide APIs to public use;
(e) make all public documentation available;
(f) use collected feedback to improve our Products and Services
(g) maintain administrative, physical, and technical safeguards for the security and integrity of our Products and Services consistent with industry standard practices. Company shall store, process, transmit and disclose electronic data and configurations submitted to the Services at the direction of or on behalf of Users only as provided hereunder.

User Liabilities and Indemnities

9. You agree to indemnify, defend, and hold harmless Company and any of our officers, directors, employees, successors, partners and assignees harmless from and against any and all losses, including but not limited to, third-party claims, suffered by us arising from or relating to your
(a) breach of the terms and conditions hereof;
(b) breach of your representations and warranties and/or covenants made hereunder;
(c) use of our Products and Services, its content or features in violation hereof or in any other unauthorized manner;
(d) your infringement, misappropriation, or violation of the rights of any other person or organization;
(e) any content, material, contributions or information in any form or medium that you submit, post, upload, provide, contribute, or make available through the Website’s features; and/or
(f) violation of any and all applicable laws, rules, or regulations.

Limitation of Liability

10. If not otherwise provided by active law, in no event shall Company, our directors, members, employees, agents or partners be liable for any direct, indirect, collateral or consequential damages, or any other damages of any kind, including, without limitations, loss of use, loss of profits or loss of data, whether in an action in contrat, tort (including but not limited to negligence) or otherwise, arising our of or in any way associated with the use or inability to use our Products or Services or the company materials, including without limitation any damages caused by or resulting from reliance by any user on any information obtained from Company or that result from error, omissions, interruptions, deletion of files or emails, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, communication failure, theft, destruction or unauthorized access to Company's records, products, software or services.

Disclaimer of Warranties due to Third-Party Data

11. To the maximum extent permitted under effective applicable law, and except as expressly provided to the contrary in a writing by us, our Products and Services are provided on an “AS IS“ and “AS AVAILABLE“ basis. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including without limitation, implied warranties or merchantability, fitness for a particular purpose, title and non-infringement as to our Products and Services, including without limitation the information, content and materials contained therein. You hereby acknowledge that information you obtain, store or transfer through our Products or Services may become irretrievably lost, corrupted, temporarily unavailable or obsolete due to a variety of causes, including without limitation software failures, protocol changes by third party providers, Internet connection loss, force majeure event or any other disaster or Act of God, scheduled or unscheduled maintenance, or any other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any data you obtain, store or transfer through our Products or Services.

Assumption of Risk

12.1 You acknowledge and agree that there are risks associated with utilizing an Internet-based service includin, without limitation the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that a Third Party may obtain unauthorized access to the data stored within User's account.
12.2. You acknowledge and agree that Company shall not be held responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Products and Services, however caused. Company takes no responsibility for and will not be liable for any losses, damages or claims arising from the use of our Services, including without limitations any losses, damages or claims arising from:
(a) passwords being "bruteforced";
(b) server failure or data loss;
(c) forgotten passwords;
(d) corrupted wallet files;
(e) incorrectly constructed transactions or mistyped Ethereum addresses; or
(f) unauthorized access to mobile applications,
(g) "phishing," viruses, third-party attacks or any other unauthorized third-party activities.

Partnership

13. Partners shall be deemed any individuals or legal entities other than Users that partner with us to run joint activity for the purpose of mutual benefit. The content, terms and conditions of partnership shall be subject to additional discussion, deliberation and agreement, for which an additional contract may be entered into by the parties. However, such contract shall not be necessarily provided, in which case any recorded verbal or written agreements shall be handled as such and shall be binding for all parties thereto.

Trademarks

14.1. The names of all Company products and logos or slogans that may appear in our Products or Services are trademarks of Company and may not be copied, imitated or used, in whole or in part otherwise as provided in the Branding Assets section below.
14.2. You shall not use any trademark, Product or Service name of Company without our prior written permission, including without limitation any metatags or other “hidden text” utilizing any Trademark, Product or Service name of Company. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission.
14.3. All other trademarks, registered trademarks, product names and company names or logos mentioned through our Products or Services are the property of their respective owners. Reference to any products, services, processes or any other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

Branding Assets

15. Each our Product has a Brand Name and a Logo as Brand Assets to be recognized and respected. You hereby agree to follow our branding guidelines as specified below:
(a) Product's Brand Name and Logo shall be official property of Company. Unauthorized use of Product's Brand Name and Logo is strictly prohibited and may be cause of a law suit;
(b) you agree to use Product's Brand Name and/or Logo and provide a reference to such Product whenever you enter partnership with us;
(c) Product's Brand nNme shall be used unchanged;
(d) Product's Logo shall be used as provided by Company and without changes of any kind including without limitation rotation change of size fonts, background, colours, elements and their positioning, etc., and shall not be combined with any other images without prior expressed consent of Company;
(e) Product's Brand Name and/or Logo shall not be used in any type of fraudulent advertising;
(f) Product's Brand Name and/or Logo shall not be used in any kind of public scandal;
(g) Product's Brand Name and/or Logo shall not be used in any conjunction with any illegal and unlawful activity, promotion, and product.

Confidentiality

16.1 User's Confidential Information shall include without limitation the following:
(a) the Subscriber Data;
(b) Company's Confidential Information includes all data about the Products and Services;
(c) Confidential Information of each party shall include but is not limited to the terms and conditions hereof and of all agreements and contracts entered into and signed by the parties, including pricing, business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by each party in connection herewith;
16.2. Confidential Information shall not include information that:
(a) is at the time of disclosure, or later becomes, generally known to the public through no fault of Receiving Party;
(b) was known to the Receiving Party with no obligation of confidentiality prior to disclosure by Disclosing Party, as proven by records of Receiving Party;
(c) is disclosed to Receiving Party by a third party who did not directly or indirectly obtain the information subject to any confidentiality obligation; or
(d) is at any time independently developed by Receiving Party without use of Disclosing Party's Confidential Information as proven by records of Receiving Party.
16.3. Receiving Party shall not disclose or otherwise make available any Confidential Information of Disclosing Party to anyone except those of its employees, directors, attorneys, agents and consultants who:
(a) need to know the Confidential Information in association with the purpose of the Agreement and
(b) have previously agreed to be bound by confidentiality obligations no less stringent than those stipulated herein.
16.4. Each party agrees to
(a) safeguard all Confidential Information of the other party with at least the same degree of care (but no less than reasonable care) as it uses to safeguard its own confidential information and
(b) not use any Confidential Information of the other party for any purpose outside the scope hereof.
16.5. If Receiving Party is compelled by law to disclose Confidential Information of Disclosing Party, then to the extent legally permitted, Receiving Party shall provide Disclosing Party with prior notice of the compelled disclosure and reasonable assistance, at Disclosing Party's cost, if Disclosing Party wishes to contest the compelled disclosure. Any compelled disclosure shall be limited to the extent required, and shall be subject to confidentiality protection to the extent practicable. If Receiving Party is compelled by law to disclose Disclosing Party's Confidential Information as part of a civil proceeding to which Disclosing Party is a party, and Disclosing Party is not contesting the disclosure, Disclosing Party will reimburse Receiving Party for its reasonable cost of compiling and providing secure access to that Confidential Information.
16.6. In case of unauthorized disclosure of Confidential Information, Receiving Party shall be held accountble, and Disclosing Party shall have the right to initiate legal proceedings in connection therewith.

Amendments

17. We reserve the right to make changes or modifications hereto in our sole discretion from time to time. Amended ToS shall become effective immediately on the date they are posted unless we state otherwise via our notice of such amended ToS. Any amended ToS shall apply prospectively to the use of our Products and Services after such changes become effective. Your continued use of our Products and Services following the effective date of such changes will constitute your acceptance of such changes. If you do not agree to any amended ToS, you must discontinue using our Products and Services.

Notices

18. Company shall notify Users about all changes in our Products and Services by posting such changes in our Products. Except as otherwise specified herein, all notices, permissions and approvals shall be deemed to have been given as they are opened and read by Users.

Severability

19. The invalidity or unenforceability of any of ToS specified herein will not affect the validity or enforceability of any other of these ToS, all of which will remain in full force and effect.

Force Majoure Events

20. Company will not be held responsible and liable for any loss or damage arising from any event beyond Company’s reasonable control, including without limitation flood, extraordinary weather conditions, earthquake, or any other Act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communication disruption, power failure, or equipment or software malfunction.

Cookies

21. This website uses cookies. The information collected from cookies is used by us to evaluate the effectiveness of our website, analyze trends and improve our Products and Services. With this knowledge, we can improve the quality of your experience by recognizing and delivering more of the most desired features and information, as well as by resolving access difficulties. Your continued use of this site, as well as any subsequent usage, will be interpreted as your consent to cookies being stored on your device.