Last updated: June 16, 2022
PLEASE BE AWARE THAT THESE TERMS OF SERVICE REQUIRE THE USE OF ARBITRATION (SECTION 13.4) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Defined Terms. Unless the context requires otherwise, capitalized terms in this Agreement shall have the following meanings:
“Affiliate” means, with respect to a party, any person, firm, corporation, partnership (including, without limitation, general partnerships, limited partnerships, and limited liability partnerships), limited liability company, or other entity that now or in the future, directly controls, is controlled with or by or is under common control with such party.
“AlgoExplorer” means Rand Labs’ Algorand Block Explorer, which provides historical data, statistics and information on other activities taking place on Algorad’s network.
“Algorand Developer API” means the open API which is utilized to support all Rand Labs products and technologies.
“Applicable Law” means the laws of the Republic of Panama, as the same may be amended and in effect from time to time during the Term.
“Business Day” means a day other than a Saturday, Sunday, or other day on which commercial banks in the Republic of Panama are authorized or required to close.
“NFT” means Non-Fungible Token.
“Rand Labs Ecosystem” means the Algorand blockchain ecosystem under the name “Rand Labs, Inc.” that will initially consist of Algorand Developer API, AlgoExplorer, MyAlgo, and other features to be determined by the Company and its Affiliates.
“Profile Information” means the information you provide to us to register for the Service, including as applicable, Wallet address, name and address, as well as the username and password that allow you to access the Service, as such information shall change from time to time.
“Wallet” means an Algorand/Web3 electronic wallet, which allows Users to purchase and store cryptocurrencies, and sign/engage in transactions on the Algorand Blockchain.
Prohibited Uses. You agree that you will not:
Use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of it;
Attempt to gain unauthorized access to any Website account, computer systems or networks associated with the Company or the Website;
Obtain or attempt to obtain any materials or information through the Website by any means not intentionally made available or provided by the Company;
Use any robot, spider, or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
Impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service;
Modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; or
Access the Service in order to build a similar or competitive website, product, or service.
You affirm that you are aware and acknowledge that Company is a non-custodial service provider and has designed this Platform to be directly accessible by the Users without any involvement or actions taken by Company or any third-party. The Company does not have a way to communicate directly with Users.
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works from the Service;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material;
information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
a statement that the information in the notification is accurate; and
under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Upon removing any allegedly infringing material, the Company will notify the alleged infringer of such takedown.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
a physical or electronic signature;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
adequate information by which we can contact you, including your name, address, and telephone number; and
a statement that the subscriber consents to the jurisdiction of a federal district court for the judicial district in which the address is located, or if the subscriber‘s address is outside of the United States, for any judicial district in which the Company may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
You agree to release, indemnify, and hold harmless the Company and its Affiliates, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way related to: (a) your access to, use of, or inability to use the Platform, the Website, or Service; (b) your breach of this Agreement; (c) your violation of any rights of a third party; (d) your violation of any Applicable Law; and (e) any and all financial losses you may suffer, or cause others to suffer, due to sending, receiving, and/or trading NFTs, cryptocurrencies, or other digital assets whether or not such transactions were made due to information learned on the Platform or through the Service.
Subject to this Section, this Agreement will remain in full force and effect while you use the Platform or use the Service (the “Term”). We may suspend or terminate your rights to use the Platform or use the Service at any time for any reason at our sole discretion, including for any use of the Platform or the Service in violation of this Agreement. All provisions of the Agreement which by their nature should survive, shall survive termination of Service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
It is understood that certain time entries that may appear in the billing records of such Party’s legal counsel may be redacted to protect attorney-client or work-product privilege, and this will not prevent recovery for the associated billings.
Company Contact Information. Questions can be directed to the Company at: [email protected].