Terms and Conditions

EFFECTIVE DATE: 30 November 2022

These Terms and Conditions (the "Terms" or this "Agreement") govern the access and use of the website located at http://mantle.xyz (the "Website") and any services, functions, features or content made available on the Website from time to time (together with the website, the "Site") provided by BitDAO ("we", "us" or "our"). These Terms form a binding agreement between BitDAO and you, as an individual user ("you", "your" or "User") for your individual usage of the Site. By accessing, browsing, or otherwise using the Site, you confirm your acceptance of this Agreement and our associated Privacy Policy. If you do not agree to these Terms, you must immediately cease access, browse or otherwise use the Site.

You understand and agree that we may modify, update or change the terms and conditions of this Agreement or our Privacy Policy at any time at our sole discretion. It is your responsibility to check these Terms and remain informed of any amendments as long as you continue accessing or using the Site.

  1. Definitions: Unless otherwise defined or the context otherwise requires, all capitalized terms shall have the meaning given to them in these Terms:

    1. "Affiliates" means any entity, individual, firm, organization, partnership or corporation, directly or indirectly, through one or more intermediaries, controlling, controlled by, or under common control or ownership with us.

    2. "Authorized Individual" means any person that is authorized to access and use the Site on behalf of a User;

    3. "Mantle Network" is the generic name given to the public and decentralized layer-2 blockchain that use BitDAO token as the native token.

    4. "Community" means the community of users and developers interested in or contributing to the infrastructure, code and development of Mantle Network.

    5. "Material" means any offering material, market data, research report, product or service documentation or any other information provided through the Site;

    6. "Person" includes an individual, association, partnership, corporation, other body corporate, trust, and any form of legal organization or entity;

    7. "Prohibited Use" has the meaning set out in Section 4 of these Terms;

    8. "Personal Information" refers to information supplied by a User from which the identity of such User may be directly or indirectly ascertained;

    9. "Privacy Policy" means the additional terms and conditions governing the collection, use and disclosure of each User's Personal Information, as set out here: https://mantle.xyz/privacy-policy. You must read and agree to the Privacy Policy in order to use the Site;

    10. "Service" means any of the services, functions, features or content made available on or through the Site;

    11. "Terms" means these Terms and Conditions as they may be changed, amended, or updated from time to time, together with any conditions, licenses, limitations, and obligations contained on the Website or any document incorporated herein by reference;

    12. "Third-Party Provider" means any third party service providers, integrators, vendors, or any other third parties which (i) are not an Affiliate of us, and (ii) provide services which are necessary in order for us to operate or promote the Site, or provide the Services;

    13. "User" means any person that has accessed and used the Site and any Authorized Individual acting on their behalf.

  2. Access to the Site

    1. You have the right to use the Site and any Services as long as you comply with these Terms. You represent and warrant that:

      1. you are 18 years of age to access to and use the Site;

      2. you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms;

      3. you are not prohibited by applicable law from accessing and using the Site;

      4. you represent and warrant that you will not use the Site if the laws of your country prohibit you from doing so; and

      5. you access or use the Site for your own personal use.

    2. We may, at any time, modify, update, suspend, or cancel the Site or any portion of it in our sole discretion, without prior notice, and to block or prevent your future access and use of Site.

    3. Accessing or using our Site may require you to connect wallets, aggregators, authenticators, decentralized applications, or link to any other third party platform provided by Third-Party Providers. You understand and agree that you are responsible for maintaining the confidentiality and security of your wallets, accounts, assets, passwords, private keys or any other information on the Third-Party Providers. We are not responsible for any losses arising from the unauthorized use of your wallets, accounts, assets, password, private key or any other information on Third-Party Providers. 

    4. You understand and agree that the Site is only an interface for the community of users and developers interested in or contributing to the infrastructure, code and development of Mantle Network. We do not and cannot control activity and data on the Mantle Network or the activities that Community participants may develop using Mantle Network. Decisions are not made by a single entity, but by the participants of the Community.

  3. Intellectual Property Rights

    1. All title, ownership rights and intellectual property rights in or relating to the Site, any information transmitted by, to or over the Site and information regarding the use of the Site will remain with us, our Affiliates or our licensors. Nothing on the Site will be construed as conferring on you any license, save as expressly set out herein, of any of our or any third party’s title, ownership rights and/or intellectual property rights, whether by estoppel, implication or otherwise.

    2. You agree not to:

      1. modify, adapt, reproduce, translate or create derivative works of the Site, or any data or content (including the Third-Party Content) provided through the Site, or any portion thereof, or attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site;

      2. remove any copyright notice, trademark, legend, logo or product identification from the Site;

      3. misrepresent the other sites as our Site by co-opting the visual"look and feel" of or text from our Site or otherwise violate our intellectual property rights, including, without limitation, "scraping" text or images from our Site or our managed banners and/or text links, search marketing or all other online and offline campaigns;

      4. edit, modify, filter, truncate or change the order of the information contained in any part of our Sites, or remove, obscure, or minimize any part of our Site in any way without authorization of us; or

      5. make any commercial use of the Site or our logo, trademark or brand name in any way.

    3. You authorize us to use any information or content provided by you or processed in connection with your use of the Site (e.g. Personal Information, geographic information, device information) in the context and for the purpose of providing services or products on the Site and the secure use of the Site.

    4. You agree that you are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, or any other materials that you make available to the Site, including by uploading, posting, publishing, or displaying via the Site or any applications, or by emailing or otherwise making available to us and other users of the Site (collectively, the “User Content”).

    5. You represent and warrant that you own all rights, titles and interests in and to such User Content that you make available via the Site, including all copyrights and rights of publicity contained therein.

    6. You hereby grant us and our companies, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use such User Content in connection with the operation of the Site. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content. 

    7. You agree to not upload, post, publish, or display via the Site or use the Site to distribute any User Content that: (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us or our users to any harm or liability of any type.

    8. We may provide you access to content, information, quote, videos, photos or other materials, including but not limited to any advertisements or promotions (the "Third-Party Content") supplied by certain third parties (the "Third-Party Content Providers"). We do not endorse or recommend, and are not responsible for verifying the accuracy, validity or completeness of any Third-Party Content provided through the Site. All title, ownership rights and intellectual property rights in or relating to the Third-Party Content will remain with the applicable Third-Party Content Provider. Nothing on the Site will be construed as conferring on you any license, save as expressly set out herein, of any Third-Party Content Provider's title, ownership rights and/or intellectual property rights, whether by estoppel, implication or otherwise. Your use or reliance on such Third-Party Content is at your sole risk. You acknowledge and agree that your interaction with, or participation in promotions of, any third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third parties, regardless of whether you used the Website to establish a connection with them in any way whatsoever. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Third Party Content on the Website.

  4. Prohibited Uses

    1. You shall not sell, lease or otherwise provide access to the Site to any third party, nor act as a service bureau or otherwise use the Site on behalf of any third party.

    2. You shall not use the Site in any way, provide any information or content, or engage in any conduct in using the Site that:

      1. is unlawful, illegal or unauthorized;

      2. is defamatory of any other person;

      3. is obscene, sexually explicit or offensive;

      4. advertises or promotes any other product or business;

      5. is likely to harass, upset, embarrass, alarm or annoy any other person;

      6. is likely to disrupt the Site in any way; or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

      7. infringes any copyright, trademark, trade secret, or other proprietary rights of any other person;

      8. restricts or inhibits any other person from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;

      9. disables, damages or alters the functioning or appearance of the Site;

      10. "frames" or "mirrors" any part of the Site without our prior written authorization;

      11. uses any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine", "scrape", "harvest" or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;

      12. harvests or collects information about other Users without their express consent;

      13. sends unsolicited or unauthorized advertisements, spam, or chain letter to other Users of the Site;

      14. except as otherwise permitted by us in writing, open multiple accounts except as otherwise explicitly permitted by the Site;

      15. conduct frequent, intensive trading with or without software or trading tools that are unauthorized by the Site;

      16. transmits any content which contains software viruses, or other harmful computer code, files or programs; or

      17. advocates, promotes or assists any violence or any unlawful act.

    3. You understand and agree that the information and services provided by the Site are not provided to, and may not be used by, any individual or institution in any jurisdiction where the provision or use thereof would be contrary to any applicable law, or where we are not authorized to provide such information and services. 

    4. You represent and warrant that you will not access to or use the Site to conduct, promote, or otherwise facilitate any illegal activity. You will comply with all applicable sanctions laws, regulations and rules, including but not limited to, those administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (the "OFAC"), and any other applicable jurisdictions. The Site may not be used: (i) in the Crimea region of Ukraine, Cuba, Iran, North Korea, or Syria; (ii) by or for the specific benefit of any individual or entity on the Specially Designated Nationals and Blocked Persons (the"SDN") List maintained by OFAC, (iii) any entity 50% or more owned in the aggregate by any such SDN(s); or (v) for any other use requiring a license or other governmental approval. If we determine that you have breached your obligation under this section, we shall block your access to the Service and any interests in property as required by law, if continued service could result in us being in violation, or subject to negative consequences, under any sanctions related rules.

    5. We reserve the right, but do not have the obligation, at our sole discretion to edit, delete, remove or block any information that violates these Terms.

  5. Accuracy of Materials

    1. You acknowledge that we have no duty or obligation to verify, correct, complete or update any Material displayed on the Site. Materials, including any information that may be prepared by information providers that are independent of us. We do not warrant that the Material will be accurate, complete or refreshed in a timely manner. Any use of or reliance on materials by you is at your own risk. We are not obligated to inform you of technical difficulties experienced by us concerning access to the Site.

  6. Personal Information

    1. As part of the Services, Personal Information of the User may be collected, used, transferred, disclosed or otherwise processed by us in accordance with the Privacy Policy. You should read the Privacy Policy carefully before registering for and using the Site. You consent to the collection, use and disclosure of your Personal Information in accordance with these Terms and the Privacy Policy, including without limitation, disclosure to the Third-Party Provider for purposes of providing services and conducting transactions in regards to the Account.

    2. You agree to provide true, accurate, current and complete Personal Information. You further agree to maintain and promptly update the Personal Information to keep it true, accurate, current and complete at all times during the term of this Agreement.

    3. You shall comply with any reasonable requests by us for information, documents and agreements related to any of your use of the Site. You understand that we may report such information to such regulatory authorities as we deem necessary pursuant to the Privacy Policy.

    4. Please note that we may collect information using tracking technologies regarding your device, such as IP address, network provider, mobile carrier, mobile browser type, timestamp, time zone, information about the speed, bearing, orientation, and altitude of a device, or other device-identifying information. You consent to such use of tracking technologies and acknowledge that the information obtained, including Personal Information, may be matched to public or private information accessible to us or any Third-Party Provider. You also consent to such information being shared with us and Third-Party Provider's service providers for the purposes of providing and maintaining the tracking technologies and related services. We may also collect precise geolocation data from or about your device, which may be expressed by latitude-longitude coordinates obtained through GPS tools, WiFi data, cell tower triangulation or other techniques. Our use of such information is described in our Privacy Policy.

  7. Disclaimer and Risks of Use of the Site

    1. The Site, including all content (including Third-Party Content), features and any related services are provided on an "As Is" and "As Available" basis at your sole risk and without any representations or warranties. We do not guarantee that all or any part of the Site will be available or accessible by you at all times.

    2. The use of the Site and the associated reference points with third parties (for example, distribution platform providers, network providers, device manufacturers) involves risks, in particular:

      1. disclosure of your Personal Information or other information and the existence of your relationship with the Third-Party Provider to other third parties;

      2. system outages, security-related restrictions and unauthorized removal of use restrictions on the end device, and other disturbances which may make use impossible; and 

      3. misuse due to manipulation by malware or unauthorized use, including in the event your device used to access the Site is lost or stolen.

      In addition, you are fully aware of the potential risks associated with the access to or use of the Site.

    3. ALL WARRANTIES, CONDITIONS OR TERMS (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) INCLUDING WITHOUT LIMITATION RELATING TO QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, OR UNINTERRUPTED, ERROR-FREE ACCESS ARE EXPRESSLY EXCLUDED FOR THE SITE TO THE FULLEST EXTENT PERMITTED BY LAW.

    4. No representation or warranty, express or implied, can be given as to the accuracy or completeness of the information provided in the Site.

    5. You acknowledge and accept the risks that may arise from Internet transactions conducted via open systems accessible to anyone and acknowledges that despite the encryption of data, the connection from the User's personal computer or electronic mobile device to the Site over the Internet may be observable. We may also use servers and other computer hardware situated in any jurisdiction worldwide for the provision of any portion of the Site.

    6. We exclude any and all liability for loss or damage caused by transmission errors, technical faults, breakdowns, business interruptions or illegal interventions into transmission networks, IT systems/computers of the User or of any third party (including systems in the public domain).

  8. Release

    1. To the maximum extent permitted by applicable law, you hereby discharge, acquit, and otherwise release us, our affiliates and each of their respective officers, directors, shareholders, members, partners, attorneys, employees, independent contractors, telecommunication providers, and agents (collectively, the"Indemnified Parties"), from any and all allegations, counts, charges, debts, causes of action, claims and losses, relating in any way to the use of, or activities relating to the use of the Site, and any services or Third-Party Content provided through the Site, including, but not limited to, claims relating to the following: negligence, gross negligence, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, misrepresentation, false identities, fraudulent acts by others, invasion of privacy, release of Personal Information, failed transactions, purchases or functionality of the Site, unavailability of the Site, Third-Party Content or any wallet account, their functions and any other technical failure that may result in inaccessibility to the Site, Third-Party Content, or any claim based on vicarious liability for torts committed by you encountered or transacted with through the Site or Third-Party Content, including, but not limited to, fraud, computer hacking, theft or misuse of Personal Information, assault, battery, stalking, rape, cheating, perjury, manslaughter, or murder. The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by us. This release is intended by the parties to be interpreted broadly in favor of us, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.

  9. Indemnification and Limitation of Liability

    1. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Indemnified Parties, from and against any and all claims (including third-party claims), actions, loss, liabilities, expenses, costs, or demands, including, without limitation, legal and accounting fees, directly or indirectly, resulting from or by reason of (i) your (or if you are under another person's authority, including, without limitation, Governmental Authorities, such other person's) use, misuse, or inability to use the Site, or any of the content, including Third-Party Content contained therein or any content or information that you provided to the Site; or (ii) your breach of this these Terms or the Third-Party Provider Terms, including those documents that are expressly incorporated into these Terms or the Third-Party Provider Terms by reference and form a part of these Terms or the Third-Party Provider Terms.

    2. We shall notify you by email, mail, or other appropriate means, of any such claim or suit, and reasonably cooperate (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or choose our own legal counsel, but are not obligated to do so.

    3. UNDER NO CIRCUMSTANCES AND UNDER NO THEORY OF LAW (TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF THE INDEMNITEES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES ARISING FROM THE USE OR MISUSE OF, OR INABILITY TO USE, THE SITE, OR THIRD-PARTY CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING DAMAGES FOR TRADING LOSSES, LOSS OF INFORMATION, BUSINESS INTERRUPTION OR LOST PROFITS, LOST SAVINGS, OR LOSS OF DATA, OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE OR THIRD-PARTY CONTENT OR FOR ANY CLAIM OR DEMAND BY ANY THIRD PARTY, EVEN IF WE KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES, CLAIM OR DEMAND IF THE FOREGOING DISCLAIMER AND WAIVER OF LIABILITY SHOULD BE DEEMED INVALID OR INEFFECTIVE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

    4. IN NO EVENT SHALL OUR LIABILITY, REGARDLESS OF THE FORM OF ACTION AND DAMAGES SUFFERED BY YOU, EXCEED THE HIGHEST AGGREGATE FEES PAID BY YOU TO US IN CONNECTION WITH THE DIRECT USE OF THE SITE, OR 10,000 U.S. DOLLARS, WHICHEVER IS LOWER.

    5. We will not be liable for our failure to perform any obligations under these Terms due to events beyond our control, and the time provided for performing such obligations shall be extended by a period of time equal to the duration of such events. Events beyond our control include, without limitation, acts of God, war, riot, arson, embargoes, civil commotion, strikes, labor disputes, equipment failures, bank failures, virtual currency market collapse or fluctuations, credit or debit card transaction processing failures, strikes, fire, flood, earthquake, hurricanes, tropical storms or other natural disaster or casualty, shortages of labor or material, shortage of transportation, facilities, fuel, energy, government regulation or restriction, acts of civil or military authority or terrorism, fiber cuts, weather conditions, breaches or failures to perform by third parties, technical problems, including hardware and software crashes and other malfunctions, failure of the telecommunications or information services infrastructure, hacking, SPAM or failure of any computer, server or software disruptions on account of or caused by vandalism, theft, phone service outages, power outage, Internet disruptions, viruses, and mechanical, power or communications failures.

  10. Suspicion or Termination in Whole or in Part

    1. Access to the Site may be suspended or terminated in whole or in part at any time either by the User or by us in accordance with the Terms. In addition, we reserve the right at our sole discretion to suspend or terminate immediately and without notice any User's access to or use of the Site if they violate any provision of these Terms. Your access to the Site will be automatically blocked and your use of the Site will be automatically suspended upon such termination.

    2. We may, at any time and at our sole discretion, limit, suspend or block you from accessing or using the Site, inter alia, if:

      1. we believe it is necessary or desirable to protect the security of the Site;

      2. if any activities are made which we in our sole discretion deem to be (a) made in breach of this Agreement; or (b) suspicious, unauthorized or fraudulent, including without limitation in relation to money laundering, terrorism financing, fraud or other illegal activities;

      3. if we become aware or suspect that any of your activities may be associated with criminal proceeds or otherwise are not lawfully possessed by you;

      4. we believe, in our sole and absolute discretion, that your actions may cause legal liability for you, the Site or other Users of the Site;

      5. we decide to cease operations or to otherwise discontinue any services or options provided by the Site, or parts thereof;

      6. we are directed as such by any Governmental Authority;

      7. we are otherwise required to do so by applicable law;

    3. We have no obligation to inform you of the ground or basis for suspending, terminating or blocking your use or access to the Site.

    4. Neither we, the Site nor any third party acting on their behalf shall be liable to you for any suspension, limitation or termination of your use or your access to any part of the Site in accordance with this Agreement.

    5. You shall not attempt to regain access to the Site if your access is terminated by us, whether using the same or different IP.

    6. We will not be liable for any loss or damage suffered due to delays, technical faults or interruptions in the availability of the Site (including maintenance work required by our systems).

  11. General

    1. These Terms, including the Privacy Policy and other policies incorporated herein, constitute the entire and only agreement between you and us with respect to the subject matter of these Terms, and supersede any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of these Terms. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms may not be changed, waived or modified except by us as provided herein. Neither these Terms nor any right, obligation or remedy hereunder is assignable, transferable, delegable or sublicensable by you except with our prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void. No waiver by any party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. In the event of any inconsistency between these Terms and any other pages or policies on the Website, these Terms shall prevail.

  12. Governing Law and Dispute Resolution

    1. These Terms shall be governed by the laws of Singapore.

    2. Any dispute arising out of or in connection with these Terms or the Site, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English. The seat of the arbitration shall be Singapore. Any award is final and may be enforced in any court of competent jurisdiction. The parties shall duly and punctually perform their obligations hereunder pending issuance of the arbitral award.

  13. Contacting Us

    You may contact us regarding these Terms or the Site as follows: contact@mantle.xyz.

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