Terms of Service
Last updated: 24 April 2023
Website Terms and Conditions of UseAlphaPanda, Inc. ("AlphaPanda," "we," "us," or "our") provides its services and related content to you ("you" or "User") through its website and platform located at https://alphapanda.one (the "Site"), subject to these Terms of Use (as amended from time to time, the "Terms"). The Privacy Policy and all such additional terms, guidelines, and rules as set forth on the Site are hereby incorporated by reference into these Terms and expressly agreed to and acknowledged by you. These terms govern your access to and use of this Site, as well as all content, functionality, and services offered on or through the Site (collectively, the "Services"). By signing up for an account on the Site, connecting your cryptocurrency wallet (e.g., MetaMask or WalletConnect) to the Services, or otherwise using or accessing the Services, you acknowledge that you have read and agree to these Terms.
1. Terms
a. By accessing this Website, accessible from https://alphapanda.one, you are agreeing to be bound by these Website Terms and Conditions of Use and agree that you are responsible for the agreement with any applicable local laws.
b. If you disagree with any of these terms, you are prohibited from accessing this site. The materials contained in this Website are protected by copyright and trademark law.
c. We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. We will also notify you, either through the Site user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Site will be effective immediately. Your continued use of the Site after the date any such changes become effective constitutes your acceptance of the new Terms of Use.
2. Use License
a. Permission is granted to temporarily download one copy of the materials on AlphaPAnda's Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
b. modify or copy the materials;
c. use the materials for any commercial purpose or for any public display;
d. attempt to reverse engineer any software contained on AlphaPAnda's Website;
e. remove any copyright or other proprietary notations from the materials; or
f. transferring the materials to another person or "mirror" the materials on any other server.
g. This will let AlphaPanda to terminate upon violations of any of these restrictions. Upon termination, your viewing right will also be terminated and you should destroy any downloaded materials in your possession whether it is printed or electronic format. .
3. Disclaimer
All the materials on AlphaPanda's Website are provided "as is". AlphaPanda makes no warranties, may it be expressed or implied, therefore negates all other warranties. Furthermore, AlphaPanda does not make any representations concerning the accuracy or reliability of the use of the materials on its Website or otherwise relating to such materials or any sites linked to this Website.
4. Limitations
AlphaPanda or its suppliers will not be held accountable for any damages that will arise with the use or inability to use the materials on AlphaPanda's Website, even if AlphaPanda or an authorized representative of this Website has been notified, orally or written, of the possibility of such damage. Some jurisdictions do not allow limitations on implied warranties or limitations of liability for incidental damages. These limitations may not apply to you.
5. Revisions and Errata
The materials appearing on AlphaPanda's Website may include technical, typographical, or photographic errors. AlphaPanda will not promise that any of the materials in this Website are accurate, complete, or current. AlphaPanda may change the materials contained on its Website at any time without notice. AlphaPanda does not make any commitment to update the materials.
6. Links
AlphaPanda has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement by AlphaPanda of the site. The use of any linked website is at the user's own risk.
7. Site Terms of Use Modifications
AlphaPanda may revise these Terms of Use for its Website at any time without prior notice. By using this Website, you are agreeing to be bound by the current version of these Terms and Conditions of Use.
8. Your Privacy
Please read our Privacy Policy.
9. Governing Law
Any claim related to AlphaPanda's Website shall be governed by the laws of us without regards to its conflict of law provisions.
10. Changes to the Services
AlphaPanda reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that AlphaPanda will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
11. Member Account, Password and Security
You are responsible for maintaining the confidentiality of your account and password, if any, and are fully responsible for any and all activities that occur under your password or account.
You agree to (a) immediately notify AlphaPanda in Discord of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Services. AlphaPanda will not be liable for any loss or damage arising from your failure to comply with this Section.
12. Connecting your Wallet
In order to access and use the Services, including engaging in a Transaction on the Services, you must connect your account to your digital wallet supported on MetaMask, WalletConnect or other wallet extensions or gateways as allowed on the Services. Such digital wallets allow you to purchase, store, and engage in transactions using the native Ethereum cryptocurrency, ETH. When you link your cryptocurrency wallet, you understand and agree that you are solely responsible for maintaining the security of your wallet and your control over any wallet-related authentication credentials, private or public cryptocurrency keys, non-fungible tokens or cryptocurrencies that are stored in or are accessible through your wallet. AlphaPanda is not responsible for managing and maintaining the security of your cryptocurrency wallet. AlphaPanda has no responsibility or liability to you for any unauthorized access to or use of your cryptocurrency wallet or if you are unable to locate your credentials. If you notice any unauthorized or suspicious activity in your cryptocurrency wallet that seems to be related to the Services, please notify us immediately.
13. AlphaPanda Intellectual Property Rights
You acknowledge and agree that the Services may contain content or features ("Services Content") that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by AlphaPanda, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Services Content, in whole or in part. Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. AlphaPanda's name and logos are trademarks and service marks of AlphaPanda (collectively the "AlphaPanda Trademarks"). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to AlphaPanda. Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of AlphaPanda Trademarks displayed on the Services, without AlphaPanda's prior written permission in each instance. All goodwill generated from the use of AlphaPanda Trademarks will inure to our exclusive benefit.
14. No Professional Advice; Transaction Risks
a. The information on this Site is for information only and does not constitute, and should not be construed as, professional advice or a recommendation to purchase, sell, trade or otherwise transact in any digital asset, including any products or services, or an invitation, offer or solicitation to engage in any purchase, sale, trade or other transaction with respect to any digital asset.
b. The information on this Site is provided solely on the basis that you will make your own transaction decisions, and AlphaPanda does not take account of any person's financial or other objectives, particular needs, or financial situation. In addition, nothing on this Site shall, or is intended to, constitute financial, legal, accounting or tax advice. It is strongly recommended that you seek professional advice before making any transaction decision. Any decision that you make should be based on an assessment of your risks in consultation with your professional adviser(s).
c. The digital assets about which information is provided on the Site are not viewed by the issuer or sponsor of any such digital assets, or those buying or selling the digital asset, as securities under U.S. laws or relevant applicable laws. As a result, it is unlikely that fulsome disclosures from the issuer or sponsor, or any executive officer associated with the digital asset or related protocol have been provided, and others may have better or more information than the information made available to you via the Site, or to which you may independently have access.
d. There are risks associated with purchasing and holding digital assets. Loss of the full amount of the purchase price is possible. Volatility is highly likely, and some of the protocols and platforms may fail entirely due to forking, flaws in the code, hacking or other malicious attacks.
e. THESE TERMS DO NOT REPRESENT A COMPLETE STATEMENT OF RISK FACTORS ASSOCIATED WITH THE DIGITAL ASSETS OR PRODUCTS OR SERVICES THAT MAY BE VIEWED OR TRACKED ON THIS SITE. YOU SHOULD CONSIDER THESE RISK WARNINGS CAREFULLY AND TAKE APPROPRIATE ADVICE BEFORE TAKING ANY DECISION TO PURCHASE, SELL, TRADE OR OTHERWISE TRANSACT IN A DIGITAL ASSET.
15. Restrictions
a. You agree that you will not, and will not permit any third party to, do or attempt to do any of the following without the AlphaPanda's express prior written consent in each case:
b. Interfere with or disrupt the Services or servers or networks connected to the Services in any manner that could negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
c. Violate any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), or which would involve proceeds of any unlawful activity;
d. Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services;
e. Use the Services to advertise or offer to sell or buy any goods or services for any purpose that is not specifically authorized herein;
f. Use the Services to further or promote any criminal activity or enterprise or provide instructional information about illegal activities, including for the purpose of concealing economic activity, laundering money, or financing terrorism; or
g. Use the Services to carry out financial activities subject to registration or licensing, including but not limited to creating, listing, or buying securities, commodities, options, real estate, or debt instruments.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AlphaPandada OR ITS REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SITE, THE SERVICES, SERVICES CONTENT, PERKS OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, THE SERVICES, SERVICE CONTENT, PERKS OR THIRD PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
a. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF AlphaPanda OR ANY OF ITS REPRESENTATIVES ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SITE, THE SERVICES, SERVICES CONTENT, OR PERKS EXCEED $100.
b. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR PERKS OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
c. IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY", AND THE SECTION ENTITLED "INDEMNIFICATION" BELOW, ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
17. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless AlphaPanda and its Representatives (collectively, the "Indemnitees"), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys' fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, "Claims"), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Site, the Services, Services Content, or Perks, (b) your violation of these Terms, or (c) your violation of the rights of a third party, including another User. You agree to promptly notify AlphaPanda of any third party Claims and cooperate with the applicable Indemnitee in defending such Claims. You further agree that the Indemnitees shall have the right to control of the defense or settlement of any third party claims.
THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND US.
