These Supplemental Terms of Service (these “Terms”) for participation in a rewards program (the “Rewards Program”) by participants who stake or lock fungible and/or non-fungible tokens (“Tokens”) and who have otherwise fulfilled in total all requirements in effect from time to time in our sole discretion are supplemental to, and incorporate by reference, our general Terms of Service (“General Terms”) available at [link]. Defined terms used but not defined herein have the meaning set forth in the General Terms.
These Terms govern your ability to participate in the Rewards Program. Please read these Terms carefully, as they include important information about your legal rights. By participating in the Rewards Program or claiming awards tokens in the Rewards Program, you are agreeing to these Terms. If you do not understand or agree to these Terms, do not participate in the Rewards Program.
THE GENERAL TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ THEM CAREFULLY.
- You agree and acknowledge (a) you do not have your legal residence in the United States and (b) you are not a U.S. person as defined under applicable law.
- You agree and acknowledge that you have the sole responsibility and liability for all taxes in connection with your participation in the Rewards Program and you should consult a tax advisor.
- You agree and acknowledge that (a) you may receive rewards for free via the Rewards Program (other than applicable taxes, if any) and that you paid no consideration, commission or other remuneration to, made no investment in and otherwise provided no value to us or any other person or entity in connection with the Rewards Program, (b) you were not promised any rewards or any other virtual assets, (c) you took no action in anticipation of or in reliance on receiving any rewards and (d) neither us nor any of our Affiliates has made any representation or warranty to you regarding the Rewards Program except as expressly set forth in these Terms, and in making your decision to participate in the Rewards Program you are not relying on any representation, warranty, covenant or promise by us or our Affiliates other than as set forth in these Terms.
- You agree and acknowledge that we do not custody, hold, send or receive any of your Tokens and we have no legal, fiduciary or regulatory obligation to you in relation to your Tokens. You further agree and acknowledge that you will be unable to transfer or trade your Tokens while they are staked and neither we nor our Affiliates bear any liability for losses incurred because of the illiquidity of such Tokens.
- There is no guarantee on the type, form, amount, value or the price of the rewards that may be distributed pursuant to the Rewards Program. Your eligibility to receive rewards or participate in the Rewards Program is entirely discretionary by us. We reserve the right to verify your identity and eligibility and to determine whether your participation is subject to any exclusions hereunder or that otherwise may be in effect from time to time in our sole discretion. You agree that to the extent you believe you should have received any rewards based on any documentation previously published or released by us, such documentation does not entitle you to any rewards or to participate in the Rewards Program and therefore you have no claim for any such rewards. You agree not to engage in any activities that are designed to obtain more rewards than you are entitled to. You agree that you are the legal owner of the blockchain address that you use to access or participate in the Rewards Program. We expect that rewards status and balances will be updated and displayed on the Platform.
- We will from time to time announce campaigns or projects which you can redeem your rewards (“Redeemed Rewards”). Your right to Redeemed Rewards may be withdrawn at any time.
Neither we, our Affiliates nor any third party involved in the development of any campaign or project guarantee the type, format, value or price of Redeemed Rewards. You understand and accept that you may not be able to withdraw your Redeemed Rewards due to technical issues of the project or the Platform.
- If you enter into or otherwise participate in a campaign organized by us, you agree to be bound by the specific rules of that campaign in addition to these Terms and the General Terms. Such specific rules shall be described on the Platform. We reserve the right, for any reason whatsoever, to update or change the specific rules of the campaign at any time. You agree with all of the following rules and terms on the Platform when you participate in a Rewards Program: (a) the locking/staking duration, (b) the applicable blockchain network underlying the Rewards Program, (c) the Tokens, including any minimum or maximum amount of Tokens that are required to participate in order to receive rewards, (d) the type, form and amount of any rewards and (e) the redemption rules.
- You agree and acknowledge that (a) the Office of Foreign Assets Control of the United States Treasury Department does not list you as a specially designated national and/or blocked person; (b) the Bureau of Industry and Security of the United States Department of Commerce does not list you on its denied persons list or lists of parties of concern and (c) either you, the country you are located in, or persons connected to you, are not on any similar list promulgated by an official agency or department of the United States government, the United Nations Security Council, the European Union or the United Kingdom’s Office of Financial Sanctions Implementation, (d) you are not the subject of sanctions administered or enforced by the United States (including without limitation the U.S. Department of the Treasury’s Office of Foreign Asset Control), the United Kingdom, the European Union or any other governmental authority and (e) you are not organized or resident in a country or territory that is the subject of country-wide or territory-wide sanctions implemented by any of the foregoing.
- You agree and acknowledge that you will not use a VPN or other tool to circumvent any geoblock or other restrictions that we may have implemented for Rewards Program recipients. Any such circumvention, or attempted circumvention, may permanently disqualify you from participation in the Rewards Program in our sole discretion.
- You agree and acknowledge that if you are unable to claim any rewards due to technical bugs, smart contract issue, gas fees, wallet incompatibility, loss of access to a wallet or the keys thereto, or for any other reason, you will have no recourse or claim against us or our Affiliates and that neither we nor our Affiliates will bear any liability.
- You agree and acknowledge that claiming rewards may require reliance on or an integration with third party products (e.g., a digital wallet or an unaffiliated network or blockchain) that we do not control. In the event that you are unable to access such products or integrations, or if they fail for any reason, and you are unable to participate in the Rewards Program or claim rewards, you will have no recourse or claim against us or our Affiliates and neither we nor our Affiliates will bear any liability.
- To the fullest extent provided by law, in no event will we, our Affiliates, or our or their employees, agents, attorneys, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with any (a) postponement, suspension and/or abortion of the Rewards Program, (b) failure, or disruption to, the Rewards Program, our operations or any other technology (including but not limited to smart contract technology) associated therewith, due to any reason, including but not limited to occurrences of hacks, distributed denials of service, errors, vulnerabilities, defects or flaws in programming or source code, regardless of when such failure, malfunction, breakdown, or disruption occurs, (c) prohibition, restriction or regulation by any government or regulatory authority in any jurisdiction applicable to the Platform, rewards or your participation in the Rewards Program, (d) loss of Tokens and loss of possession of the credentials for accessing, or loss or destruction of the private keys of, any wallet and/or the your designated wallet addresses, in any manner and to any extent, (e) failure to disclose information relating to the progress of the Rewards Program and any risks associated with your participation in the Rewards Program, the loss of Tokens and/or your use of the Platform or awards, (f) any failure to obtain any awards in the Rewards Program and (g) all other risks, direct, indirect or ancillary, relating to Tokens, your participation in the Rewards Program and your use of the Platform and rewards which are not specifically or explicitly contained in or stated in these terms.
- These Terms and the General Terms contain the entire agreement between you and us regarding the Rewards Program, and supersede all prior and contemporaneous understandings between the parties regarding the Rewards Program. We reserve the right to change these Terms at any time upon notice. We may give notice by posting the updated Terms on the Platform or by any other reasonable means. You can review the most current version of these Terms at any time. These Terms in effect at the time of your use of the Platform apply. Updated versions of the Terms are binding on you with respect to your use of the Platform on or after the date indicated in the updated Terms. If you do not agree to the updated Terms, you must stop using the Platform. Your continued use of the Platform after the date of the updated Terms will constitute your acceptance of the updated Terms.
