Terms of Service
Welcome to litgateway.com, a website-hosted user interface (the
”Interface” or ”App”) provided by Workgraph, Inc
(”we”, ”our”, or ”us”). The
Interface provides access to a decentralized protocol that allows
blockchain users to access resources (”the Lit Protocol” or
the ”Protocol”).
This Terms of Service Agreement (the ”Agreement”) explains
the terms and conditions by which you may access and use the Interface.
You must read this Agreement carefully. By accessing or using the
Interface, you signify that you have read, understand, and agree to be
bound by this Agreement in its entirety. If you do not agree, you are
not authorized to access or use the Interface and should not use the
Interface.
NOTICE: Please read these Terms and the Privacy Policy carefully as
they govern your use of the Interface. The Terms contain important
information, including a binding arbitration provision and a class
action waiver, both of which impact your rights as to how disputes are
resolved. The Services are only available to you—and you should
only access the Interface—if you agree completely with the
Terms.
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Modification of this Agreement
We reserve the right, in our sole
discretion, to modify this Agreement from time to time. If we make any
modifications, we will notify you by updating the date at the top of
the Agreement and by maintaining a current version of the Agreement at litgateway.com/terms. All modifications will be effective when they are posted, and your
continued accessing or use of the Interface will serve as confirmation
of your acceptance of those modifications. If you do not agree with
any modifications to this Agreement, you must immediately stop
accessing and using the Interface.
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Eligibility
To access or use the Interface, you must be able to
form a legally binding contract with us. Accordingly, you represent
that you are at least the age of majority in your jurisdiction (e.g.,
eighteen years old) and have the full right, power, and authority to
enter into and comply with the terms and conditions of this Agreement
on behalf of yourself and any company or legal entity for which you
may access or use the Interface. You further represent that you are
not a citizen, resident, or member of any jurisdiction or group that
is subject to economic sanctions by the United States, or where your
use of the Interface would be illegal or otherwise violate any
applicable law. You further represent that your access and use of the
Interface will fully comply with all applicable laws and regulations,
and that you will not access or use the Interface to conduct, promote,
or otherwise facilitate any illegal activity.
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Proprietary Rights
We own all intellectual property and other
rights in the Interface and its contents, including (but not limited
to) software, text, images, trademarks, service marks, copyrights,
patents, and designs. This intellectual property is available under
the terms of our copyright licenses and our Trademark Policy. Unlike
the Interface, versions 1-3 of the Uniswap protocol are comprised
entirely of open-source or source-available software running on the
public Ethereum blockchain.
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Additional Rights.
We reserve the following rights, which do not
constitute obligations of ours: (a) with or without notice to you, to
modify, substitute, eliminate or add to the Interface; (b) to review,
modify, filter, disable, delete and remove any and all content and
information from the Interface; and (c) to cooperate with any law
enforcement, court or government investigation or order or third party
requesting or directing that we disclose information or content or
information that you provide.
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Privacy
We care about your privacy. When you use the Interface,
the only information we receive is your blockchain wallet address. If
you opt-in, we can collect other personally identifiable information
(”PII”) from you (e.g., email address or transaction
amounts). We do, however, use third-party service providers, like
Infura and Google Analytics, which may receive your PII. We do not
control how these third parties handle your data and you should review
their privacy policies to understand how they collect, use, and share
your PII. In particular, please visit https://policies.google.com/technologies/partner-sites to learn more about how Google uses data. By accessing and
using the Interface, you understand and consent to our data practices
and our service providers’ treatment of your information.
Additionally,
when you use the Interface, you are interacting with the blockchain,
which provides transparency into your transactions. Lit Protocol does
not control and is not responsible for any information you make public
on the Ethereum or any other blockchains by taking actions through the
Interface.
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Prohibited Activity
You agree not to engage in, or attempt to
engage in, any of the following categories of prohibited activity in
relation to your access and use of the Interface:
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Intellectual Property Infringement. Activity that infringes on or
violates any copyright, trademark, service mark, patent, right of
publicity, right of privacy, or other proprietary or intellectual
property rights under the law.
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Cyberattack. Activity that seeks to interfere with or compromise the
integrity, security, or proper functioning of any computer, server,
network, personal device, or other information technology system,
including (but not limited to) the deployment of viruses and denial of
service attacks.
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Fraud and Misrepresentation. Activity that seeks to defraud us or any
other person or entity, including (but not limited to) providing any
false, inaccurate, or misleading information in order to unlawfully
obtain the property of another.
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Any Other Unlawful Conduct. Activity that violates any applicable
law, rule, or regulation of the United States or another relevant
jurisdiction, including (but not limited to) the restrictions and
regulatory requirements imposed by U.S. law.
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No Professional Advice
All information provided by the Interface
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 in the Interface. Before you
make any financial, legal, or other decisions involving the Interface,
you should seek independent professional advice from an individual who
is licensed and qualified in the area for which such advice would be
appropriate.
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No Warranties
The Interface is provided on an ”AS
IS” and ”AS AVAILABLE” basis. To the fullest extent
permitted by law, we disclaim any representations and warranties of
any kind, whether express, implied, or statutory, including (but not
limited to) the warranties of merchantability and fitness for a
particular purpose. You acknowledge and agree that your use of the
Interface is at your own risk. We do not represent or warrant that
access to the Interface will be continuous, uninterrupted, timely, or
secure; that the information contained in the Interface will be
accurate, reliable, complete, or current; or that the Interface will
be free from errors, defects, viruses, or other harmful elements. No
advice, information, or statement that we make should be treated as
creating any warranty concerning the Interface. We do not endorse,
guarantee, or assume responsibility for any advertisements, offers, or
statements made by third parties concerning the Interface.
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No Fiduciary Duties
This Agreement is not intended to, and does
not, create or impose any fiduciary duties on us. To the fullest
extent permitted by law, you acknowledge and agree that we owe no
fiduciary duties or liabilities to you or any other party, and that to
the extent any such duties or liabilities may exist at law or in
equity, those duties and liabilities are hereby irrevocably
disclaimed, waived, and eliminated. You further agree that the only
duties and obligations that we owe you are those set out expressly in
this Agreement.
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Compliance Obligations
The Interface is operated from facilities
within the United States. The Interface may not be available or
appropriate for use in other jurisdictions. By accessing or using the
Interface, you agree that you are solely and entirely responsible for
compliance with all laws and regulations that may apply to you.
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Assumption of Risk
By accessing and using the Interface, you
represent that you understand the inherent risks associated with using
cryptographic and blockchain-based systems, and that you have a
working knowledge of the usage and intricacies of digital assets such
as bitcoin (BTC), ether (ETH), and other digital tokens such as those
following the Ethereum Token Standards (e.g. ERC-20, ERC-721,
ERC-1155). You further understand that the markets for these digital
assets are highly volatile due to factors including (but not limited
to) adoption, speculation, technology, security, and regulation. You
acknowledge and accept that the cost and speed of transacting with
cryptographic and blockchain-based systems such as Ethereum are
variable and may increase dramatically at any time. You understand
that anyone can create a token, including fake versions of existing
tokens and tokens that falsely claim to represent projects, and
acknowledge and accept the risk that you may mistakenly trade those or
other tokens. You further acknowledge that we are not responsible for
any of these variables or risks and cannot be held liable for any
resulting losses that you experience while accessing or using the
Interface. Accordingly, you understand and agree to assume full
responsibility for all of the risks of accessing and using the
Interface to interact with the Protocol.
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Third-Party Resources and Promotions
The Interface may contain
references or links to third-party resources, including (but not
limited to) information, materials, products, or services, that we do
not own or control. In addition, third parties may offer promotions
related to your access and use of the Interface. We do not endorse or
assume any responsibility for any such resources or promotions. If you
access any such resources or participate in any such promotions, you
do so at your own risk, and you understand that this Agreement does
not apply to your dealings or relationships with any third parties.
You expressly relieve us of any and all liability arising from your
use of any such resources or participation in any such
promotions.
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Release of Claims
You expressly agree that you assume all risks
in connection with your access and use of the Interface and your
interaction with the Protocol. You further expressly waive and release
us from any and all liability, claims, causes of action, or damages
arising from or in any way relating to your use of the Interface and
your interaction with the Protocol. If you are a California resident,
you waive the benefits and protections of California Civil Code §
1542, which provides: ”[a] general release does not extend to
claims that the creditor or releasing party does not know or suspect
to exist in his or her favor at the time of executing the release and
that, if known by him or her, would have materially affected his or
her settlement with the debtor or released party.”
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Indemnity
You agree to hold harmless, release, defend, and
indemnify us and our officers, directors, employees, contractors,
agents, affiliates, and subsidiaries from and against all claims,
damages, obligations, losses, liabilities, costs, and expenses arising
from: (a) your access and use of the Interface; (b) your violation of
any term or condition of this Agreement, the right of any third party,
or any other applicable law, rule, or regulation; and (c) any other
party’s access and use of the Interface with your assistance or
using any device or account that you own or control.
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Limitation of Liability
Under no circumstances shall we or any
of our officers, directors, employees, contractors, agents,
affiliates, or subsidiaries be liable to you for any indirect,
punitive, incidental, special, consequential, or exemplary damages,
including (but not limited to) damages for loss of profits, goodwill,
use, data, or other intangible property, arising out of or relating to
any access or use of the Interface, nor will we be responsible for any
damage, loss, or injury resulting from hacking, tampering, or other
unauthorized access or use of the Interface or the information
contained within it. We assume no liability or responsibility for any:
(a) errors, mistakes, or inaccuracies of content; (b) personal injury
or property damage, of any nature whatsoever, resulting from any
access or use of the Interface; (c) unauthorized access or use of any
secure server or database in our control, or the use of any
information or data stored therein; (d) interruption or cessation of
function related to the Interface; (e) bugs, viruses, trojan horses,
or the like that may be transmitted to or through the Interface; (f)
errors or omissions in, or loss or damage incurred as a result of the
use of, any content made available through the Interface; and (g) the
defamatory, offensive, or illegal conduct of any third party. Under no
circumstances shall we or any of our officers, directors, employees,
contractors, agents, affiliates, or subsidiaries be liable to you for
any claims, proceedings, liabilities, obligations, damages, losses, or
costs in an amount exceeding the amount you paid to us in exchange for
access to and use of the Interface, or $100.00, whichever is greater.
This limitation of liability applies regardless of whether the alleged
liability is based on contract, tort, negligence, strict liability, or
any other basis, and even if we have been advised of the possibility
of such liability. Some jurisdictions do not allow the exclusion of
certain warranties or the limitation or exclusion of certain
liabilities and damages. Accordingly, some of the disclaimers and
limitations set forth in this Agreement may not apply to you. This
limitation of liability shall apply to the fullest extent permitted by
law.
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Dispute Resolution
We will use our best efforts to resolve any
potential disputes through informal, good faith negotiations. If a
potential dispute arises, you must contact us by sending an email to info@litprotocol.com so that we can attempt to resolve it without resorting to
formal dispute resolution. If we aren’t able to reach an
informal resolution within sixty days of your email, then you and we
both agree to resolve the potential dispute according to the process
set forth below.
Any claim or controversy arising out of or
relating to the Interface, this Agreement, or any other acts or
omissions for which you may contend that we are liable, including (but
not limited to) any claim or controversy as to arbitrability
(”Dispute”), shall be finally and exclusively settled by
arbitration under the JAMS Optional Expedited Arbitration Procedures.
You understand that you are required to resolve all Disputes by
binding arbitration. The arbitration shall be held on a confidential
basis before a single arbitrator, who shall be selected pursuant to
JAMS rules. The arbitration will be held in San Francisco, CA, unless
you and we both agree to hold it elsewhere. Unless we agree otherwise,
the arbitrator may not consolidate your claims with those of any other
party. Any judgment on the award rendered by the arbitrator may be
entered in any court of competent jurisdiction.
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Class Action and Jury Trial Waiver
You must bring any and all
Disputes against us in your individual capacity and not as a plaintiff
in or member of any purported class action, collective action, private
attorney general action, or other representative proceeding. This
provision applies to class arbitration. You and we both agree to waive
the right to demand a trial by jury.
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Governing Law
You agree that the laws of the State of
California, without regard to principles of conflict of laws, govern
this Agreement and any Dispute between you and us. You further agree
that the Interface shall be deemed to be based solely in the State of
California, and that although the Interface may be available in other
jurisdictions, its availability does not give rise to general or
specific personal jurisdiction in any forum outside the State of
California. Any arbitration conducted pursuant to this Agreement shall
be governed by the Federal Arbitration Act. You agree that San
Francisco, California is the proper forum for any appeals of an
arbitration award or for court proceedings in the event that this
Agreement’s binding arbitration clause is found to be
unenforceable.
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Entire Agreement. The Terms constitute the entire agreement between
you and us with respect to the subject matter hereof. The Terms
supersede any and all prior or contemporaneous written and oral
agreements, communications and other understandings—if
any—relating to the subject matter of the Terms.