Terms of use
Welcome to Flashflow.org ("we," "us," or "our"), the informational platform for the Flashflow Protocol, as defined below.
Flashflow offers insights and resources concerning the fundamentals of the decentralized non-custodial protocol known as the Flashflow Protocol (the "Flashflow," "Protocol," or "Flashflow DApp"). Flashflow.org does not serve as an access point to the Flashflow Protocol.
These Terms and Conditions, along with any other documents incorporated by reference (collectively referred to as the "Terms"), outline the terms and conditions governing your access to Flashflow.org ("the Site") and app.flashflow.org ("the Interface"). If you do not agree with any part of these Terms, please refrain from using the Site or the Interface.
Please note that this draft is provided for informational purposes and should be reviewed by a professional lawyer to ensure legal compliance and suitability for your specific needs.
USE OF THE SITE AND THE INTERFACE
The Flashflow.org website is intended solely for informational purposes.
Flashflow.org does not participate in any transactions on the blockchain networks underlying the Flashflow Protocol. We neither possess, hold, nor control any crypto assets displayed on the Interface nor any user's funds. Additionally, we do not store, transmit, or receive any crypto assets. You acknowledge that when you interact with any Flashflow Protocol smart contracts, you maintain control over your crypto assets at all times. We do not have access to your private keys.
1.1. As a prerequisite to accessing or using the Site or Interface, you represent and warrant the following to Flashflow.org:
1.1.1. If you are an individual, you are of legal age in your jurisdiction and possess the legal capacity to enter into and be bound by these Terms;
1.1.2. If you are an entity, you have the legal authority to accept these Terms on the entity's behalf, in which case "you" (except as used in this paragraph) refers to that entity;
1.1.3. You are not a U.S. Person;
1.1.4. You are neither a resident, national, nor agent of any country subject to embargoes on goods or similar sanctions by the United States, the United Kingdom, or the European Union (collectively, "Restricted Territories");
1.1.5. You are not subject to economic or trade sanctions administered or enforced by any governmental authority; nor are you a member of any sanctions list or equivalent maintained by the United States government, the United Kingdom government, the European Union, or the United Nations, including but not limited to the U.S. Office of Foreign Asset Control Specifically Designated Nationals and Blocked Person List (collectively, "Sanctions Lists Persons");
1.1.6. You do not intend to transact with any Restricted Person or Sanctions List Person;
1.1.7. You will not use VPN software, privacy or anonymization tools, techniques, or other means to circumvent or attempt to bypass any applicable restrictions; and
1.1.8. Your access does not (a) contravene or assist you in violating any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, letter, or other directive, requirement, guidance, or guideline published or in force, intended to govern or regulate any person, property, transaction, activity, event, or other matter, including any rule, letter, order, judgment, directive, or other requirement, guidance, or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial, or administrative authority having jurisdiction over Flashflow.org or you, as otherwise duly enacted and enforceable by law, common law, or equity (collectively, "Applicable Laws"); or (b) contribute to or facilitate any illegal activity.
1.2. As a condition to accessing or using the Site or the Interface, you acknowledge, understand, and agree to the following:
1.2.1. The Site or the Interface may occasionally be inaccessible or inoperable for various reasons, including but not limited to: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs undertaken by Flashflow.org or its suppliers or contractors; (c) causes beyond Flashflow.org's control or those that could not be reasonably foreseen; (d) disruptions and temporary or permanent unavailability of underlying blockchain infrastructure; or (e) unavailability of third-party service providers or external partners for any reason;
1.2.2. We reserve the right to disable or modify access to the Site at any time in the event of any breach of these Terms, including, without limitation, if we reasonably believe any of your representations and warranties may be untrue or inaccurate. We will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Site or the Interface being inaccessible to you at any time or for any reason;
1.2.3. The Interface may evolve, meaning third parties may change, replace, or discontinue (temporarily or permanently) access at any time in their sole discretion;
1.2.4. Pricing information provided on the Site or the Interface does not represent an offer, a solicitation of an offer, or any advice regarding or recommendation to enter into a transaction with Flashflow.org;
1.2.5. Flashflow.org does not act as a broker or advisor for you;
1.2.6. You are solely responsible for your use of the Site or the Interface, including all transfers of digital assets;
1.2.7. To the fullest extent not prohibited by Applicable Law, we owe no fiduciary duties or liabilities to you or any other party, and to the extent any such duties or liabilities may exist at law or in equity, you hereby irrevocably disclaim, waive, and eliminate those duties and liabilities;
1.2.8. You are solely responsible for reporting and paying any taxes applicable to your use of the Interface; and
1.2.9. We have no control over or liability for the delivery, quality, safety, legality, or any other aspect of any digital assets that you may transfer to or from a third party, and we are not responsible for ensuring that an entity with whom you transact completes the transaction or is authorized to do so. If you experience a problem with any transactions in digital assets using the Site or the Interface, you bear the entire risk.
FEES
You are responsible for paying all fees associated with transactions involving certain blockchain networks. These fees may include gas costs and any other fees displayed on the Interface during your use, including trading-related fees.
NO PROFESSIONAL ADVICE OR FIDUCIARY DUTIES
Nothing herein constitutes legal, financial, business, or tax advice, and you are strongly advised to consult an advisor(s) before engaging in any activity in connection herewith. All information provided by the Site is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained on the Site or any other information that we make available at any time, including, without limitation, blog posts, articles, links to third-party content, discord content, news feeds, tutorials, tweets, and videos. The Terms are not intended to, and do not, create or impose any fiduciary duties on us.
PROPRIETARY RIGHTS
4.1. We own all rights, names, logos, and other marks used on the Site and the Interface, including, without limitation, any copyrights in and to any content, code, data, or other materials that you may access or use on or through the Site or the Interface. However, the code for the Flashflow Protocol and the Interface (app.flashflow.org) deployed on IPFS is open-sourced. Except as expressly set forth herein, your use of or access to the Site or the Interface does not grant you any ownership or other rights therein.
4.2. We may use and share your comments, bug reports, ideas, or other feedback that you may provide, including suggestions about how we might improve. You agree that we are free to use or not use any feedback we receive from you as we see fit, including copying and sharing such feedback with third parties, without any obligation to you.
MODIFICATION, SUSPENSION, AND TERMINATION
5.1. We reserve the right, at our sole discretion, from time to time and with or without prior notice to you, to modify, suspend or disable (temporarily or permanently) the Site or our subdomain to the Interface, in whole or in part, for any reason whatsoever, including, without limitation. Upon termination of your access, your right to use the Site or the Interface from our subdomain will immediately cease. However, it would still be accessible via a third party since we do not host or own its code. We will not be liable for any losses suffered by you resulting from any modification to the Site or the Interface or from any modification, suspension, or termination, for any reason, of your access to all or any portion of the Site or the Interface.
5.2. We may revise these Terms from time to time. We will notify you by updating the date at the top of the Terms and maintaining a current version. All modifications will be effective when they are posted. By continuing to access or use the Site or the Interface after those revisions become effective, you agree to be bound by the revised Terms.
RISKS
6.1. The use of technology related to blockchain, smart contracts, and cryptocurrencies, among others, entails risks that by accessing transactions, you are assuming. Flashflow.org does not own or control any underlying software through which blockchain networks are formed. The software underlying blockchain networks are open-source so anyone can use, copy, modify, and distribute it. By using the Interface, you acknowledge and agree:
6.1.1. That Flashflow.org is not responsible for the operation of the open-source software and networks underlying the Interface;
6.1.2. That there exists no guarantee of the functionality, security, or availability of that software and networks; and
6.1.3. That the underlying networks are subject to sudden changes in operating rules, such as those commonly referred to as "forks," which may materially affect the Interface. You are responsible for securing your private key(s). We do not have access to your private key(s); losing control of your private key(s) will permanently and irreversibly deny you access to any blockchain-based network. Neither Flashflow.org nor any other person or entity will be able to retrieve or protect your digital assets. If your private key(s) are lost, you will not be able to transfer your digital assets to any blockchain address or wallet. If this occurs, you will not be able to realize any value or utility from the digital assets you may hold.
6.2. Flashflow.org is not responsible for the content of any third party, including, but not limited to, information, materials, products, or services that Flashflow.org does not own or control. In addition, third parties may offer promotions related to your access and use of the Interface. Flashflow.org does not endorse or assume any responsibility for such resources or promotions. Suppose you access any such resources or participate in any such promotions. In that case, you do so at your own risk and understand that these Terms do not apply to your dealings or relationships with any third parties. You expressly relieve Flashflow.org of all liability arising from using such resources or participating in such promotions.
6.3. You understand that the various blockchains utilized by Flashflow, including but not limited to Arbitrum, Avalanche, and others, are continually under development, which creates technological and security risks when using the Interface. This ongoing development also leads to uncertainties relating to digital assets and transactions therein. You acknowledge that the cost of transacting on these blockchains is variable and may increase at any time, causing an impact on any activities taking place on these blockchains. Such changes may result in price fluctuations or increased costs when using the Interface.
6.4. Transactions entered into in connection with the Interface are irreversible and final, and there are no refunds. You acknowledge and agree that you will access and use the Interface at your own risk.
6.5. We must comply with Applicable Law, which may require us to, upon request by government agencies, take certain actions or provide information that may not be in your best interests.
6.6. You hereby assume and agree that Flashflow.org will have no responsibility or liability for the risks in Section 9. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against Flashflow.org, its affiliates, and their respective shareholders, members, directors, officers, employees, agents, representatives, suppliers, and contractors related to any of the risks set forth in this Section 6.
PROHIBITED USES
7.1 By accessing or using the Site or the Interface, you agree not to engage in the prohibited activities listed below. This list is representative but not exhaustive. You confirm that you will refrain from the following actions:
7.1.1. Promoting or facilitating illegal activities, including, but not limited to, money laundering, terrorist financing, tax evasion, the purchase or sale of illegal drugs, contraband, counterfeit goods, or illegal weapons;
7.1.2. Participating in transactions involving items that infringe upon or violate any copyright, trademark, right of publicity, privacy, or other proprietary rights of Flashflow.org;
7.1.3. Engaging in improper or abusive trading practices, such as (a) fraudulent acts or schemes aimed at defrauding, deceiving, tricking, or misleading others; (b) trading ahead of another user of the Site or the Interface or engaging in front-running; (c) fraudulent trading; (d) accommodation trading; (e) fictitious transactions; (f) pre-arranged or non-competitive transactions; or (g) market manipulation;
7.1.4. Uploading or transmitting viruses, worms, Trojan horses, time bombs, cancelbots, spiders, malware, or any other malicious code that may interfere with or adversely affect the functionality or operation of the Site or the Interface;
7.1.5. Using the Site or Interface in a manner that, in our sole discretion, constitutes libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, stalking, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive, or objectionable behavior, or that is likely to incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violence against others;
7.1.6. Harassing, abusing, or causing harm to another person or entity, including Flashflow.org's collaborators and service providers;
7.1.7. Impersonating another user of the Site or the Interface or otherwise misrepresenting your identity; and
7.1.8. Engaging, attempting to engage, or encouraging, inducing, or assisting any third party to engage in any of the prohibited activities specified in this Section 7 or any other provision of these Terms.
DISCLOSURES; DISCLAIMERS
Flashflow.org serves as an informational site for the Flashflow Protocol. Flashflow.org does not operate an exchange platform, nor does it offer trade execution or clearing services. It has no oversight, involvement, or control regarding your transactions using the Interface. All transactions between users of the Interface are executed peer-to-peer, directly between the users' blockchain addresses, through a third-party-developed open-source smart contract.
You acknowledge and understand that Flashflow.org is not registered or licensed by any regulatory agency or authority, and no such agency or authority has reviewed or approved the use of the Site or the Interface.
LIMITATION OF LIABILITY
In no event shall Flashflow.org, its affiliates, suppliers, and contractors, and their respective stockholders, members, directors, officers, managers, employees, attorneys, agents, representatives, suppliers, and contractors be liable for any direct, indirect, incidental, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of fiat, assets, data, information, revenue, opportunities, use, goodwill, profits or other business or financial benefit) arising out of or in connection with the Site or the Interface, or any other item provided by or on behalf of Flashflow.org, whether under contract, tort (including negligence), civil liability, statute, strict liability, breach of warranties, or any other theory of liability. This applies even if Flashflow.org has been advised of, knew of, or should have known of the possibility of such damages and notwithstanding any failure of the essential purpose of these Terms or any limited remedy hereunder. Flashflow.org is not responsible for the execution or settlement of transactions between users of the Interface.
In no event shall Flashflow.org's aggregate liability arising out of or in connection with the Site or Interface exceed one hundred American Dollars (100 USD).
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Flashflow.org, its affiliates, members, managers, employees, attorneys, representatives, suppliers, and contractors from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost, or expense, including without limitation reasonable attorneys' fees, arising out of or relating to (a) your use of or conduct in connection with the Site or the Interface; (b) your violation of these Terms; (c) your misuse of the Site or the Interface, or any smart contract and/or script related thereto; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (e) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property, or privacy right; (f) your use of a third-party product, service, and/or website; or (g) any misrepresentation made by you. We reserve the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of any claim. You will not, in any event, settle any claim without our prior written consent.
DISPUTE RESOLUTION & ARBITRATION
Flashflow.org commits to resolving potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending a written notice of your claim ("Notice") to Flashflow.org via any of our official channels. The Notice must (a) describe the nature and basis of the claim and (b) set forth the specific relief sought. Our Notice to you will follow a similar format.
Any claim arising out of or related to these Terms or the Site or the Interface must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Flashflow.org will not have the right to assert the claim.
GOVERNING LAW
The interpretation and enforcement of these Terms, and any dispute related to these Terms, the Site, or the Interface, will be governed by and construed and enforced under the laws of the Bahamas, as applicable.
GENERAL INFORMATION
13.1. Any right or remedy of Flashflow.org set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under Applicable Law, at law, or in equity. The failure or delay of Flashflow.org in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
13.2. The following sections of these Terms will survive any termination of your access to the Site or the Interface, regardless of the reasons for its expiration or termination, in addition to any other provision which by law or by its nature should survive: Sections 3 through 12.
13.3. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
13.4. Flashflow.org will have no responsibility or liability for any failure or delay in performance of the Site or the Interface, or any loss or damage that you may incur, due to any circumstance or event beyond our control, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, any law, order regulation, direction, action or request of the government, communications, power failure, or equipment or software malfunction.
13.5. You may not assign or transfer any right to use the Site, the Interface, or any of your rights or obligations under these Terms, without our express prior written consent, including by operation of law or in connection with any change of control. We may assign or transfer any or all
13.6. These Terms constitute the entire agreement between you and Flashflow.org, superseding all prior and contemporaneous understandings between the parties concerning the Interface and the Site.
13.7. In case of any conflict between these Terms and any other agreement you may have with us, these Terms will prevail, unless the other agreement explicitly identifies these Terms and declares that it supersedes these Terms.
13.8. Except as expressly provided in these Terms, you agree that there shall be no third-party beneficiaries to these Terms, other than the Indemnified Parties.
CONTACT INFORMATION
Should you have any questions or concerns regarding these Terms, the Site, or the Interface, please do not hesitate to contact Flashflow.org through any of our official channels.
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