Solidus Labs Inc. and its affiliates (collectively, “Solidus”, “we”, “our”, “Company”) welcome you (the “User(s)”, or “you”) to our website at https://tokensniffer.com, which allows our Users to search ‘token’ names and addresses and retrieve certain information with respect to such ‘tokens’, including information concerning automated contract auditing, scam detection and real-time token metrics and scoring to evaluate risk (the “Website”). Each of the Website's Users may use the Website in accordance with the terms and conditions hereunder.
The Website is available only to individuals who (a) are at least sixteen (16) years old; and (b) possess the legal capacity to enter into these Terms (on behalf of themselves and their organization) and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms on your and your organization's behalf and to form a binding agreement under any applicable law, to use the Website in accordance with these Terms, and to fully perform your obligations hereunder. For the avoidance of doubt, any act or omission performed by you in connection with the Website shall obligate your organization.
2. The Website and the ServicesOur Website allows Users to search ‘token’ names and addresses and retrieve certain information with respect to such ‘tokens’, including information concerning automated contract auditing, scam detection and real-time token metrics and scoring to evaluate risk (collectively, the “Data”).
Subject to these Terms, you are hereby granted a perpetual, personal, non-exclusive, non-sublicensable, non-transferable and royalty free license to use the Data, solely for the ordinary purposes for which the Data is intended and solely for your internal business needs. For clarity, you may only make personal use of the Data and you may not distribute or sell the Data or otherwise create a database which includes the Data or offer the Data to the public.
You hereby declare and agree that you shall only use the Data in a manner that complies with all applicable laws in the jurisdiction in which you use the Data, including, but not limited to, applicable restrictions concerning the protection of privacy and intellectual property (including copyrights and any other intellectual property rights). You are solely responsible for any token information that you input into the Website, including its accuracy, quality and legality.
The Website includes, inter-alia, content such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Website, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Website (collectively, the “Content”).
(collectively, the "Service(s)") THE DATA IS OF INFORMATIVE NATURE ONLY AND IS NOT INTENDED TO REPLACE ANY PROFESSIONAL ADVICE, LEGAL OR OTHERWISE, AND SHOULD ALWAYS BE CONSIDERED CAUTIOUSLY AND ALONG WITH OTHER RELEVANT FACTORS. THE DATA AND ANY AUDIT SCORE INCLUDED THEREIN, SERVE AS A MEASURE OF HOW WELL A TOKEN SEARCHED VIA THE WEBSITE MEETS CERTAIN CRITERIA FOR SAFETY. YOU HEREBY AGREE AND ACKNOWLEDGE THAT AUTOMATED SCANNERS LIKE THE SERVICE AT HAND ARE NOT ALWAYS COMPLETELY ACCURATE AND ARE DEPENDENT ON PUBLICLY AVAILABLE INFORMATION WHICH IS NOT INDEPENDENTLY VERIFIED BY US. FOR THE AVOIDANCE OF DOUBT, A TOKEN WITH A HIGH SCORE (AS PROVIDED AS PART OF THE DATA) MAY STILL HAVE HIDDEN MALICIOUS CODE. YOU ARE ENCOURAGED TO ALWAYS DO YOUR OWN RESEARCH AND CONSULT MULTIPLE SOURCES OF INFORMATION AND INDICATORS WHEN MAKING ANY DECISION BASED ON THE DATA. USE OF THE DATA AND YOUR RELIANCE ON THE DATA IS AT YOUR OWN AND SOLE DISCRETION, RISK AND RESPONSIBILITY. YOU SHOULD EXERCISE NO LESSER DEGREE OF CAUTION IN RELYING ON THE DATA AS YOU WOULD IF YOU HAD COLLECTED THE DATA FROM PUBLIC SOURCES YOURSELF.
TO THE EXTENT LEGALLY PERMISSIBLE, THE WEBSITE, THE DATA, THE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. SOLIDUS WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE AND/OR SERVICES AND/OR THE CONTENT AND/OR THE DATA. YOUR USE OF THE WEBSITE AND/OR SERVICES AND/OR THE CONTENT AND/OR THE DATA ARE ENTIRELY AT YOUR OWN RISK.
ALL RIGHTS IN AND TO THE WEBSITE, THE DATA AND THE CONTENT AVAILABLE ON THE WEBSITE ARE RESERVED TO SOLIDUS OR ITS LICENSORS.
Note: You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the Website, according to the applicable rates charged by your respective third-party Internet and data usage service provider as may be from time to time.
3. Use RestrictionsUnless otherwise explicitly permitted under these Terms or in writing by Solidus, you may not (and you may not permit anyone to): (a) use the Website and/or the Services and/or Data and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Website and/or the Services to generate or send unsolicited communications, advertising, chain letters, or spam or to solicit other Users; (c) remove or disassociate, from the Content and/or Data and/or the Website any restrictions and signs indicating proprietary rights of Solidus or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate Users' rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Website and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Website or the servers or networks that host the Website, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your website, your business or any statement you make, or present false or inaccurate information about the Services; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Website; (i) copy, modify, distribute, alter, adapt, make available, sublicense, make any commercial use, combine with other software, sell, rent, transfer, lend, process, translate, port, reverse engineer, reduce to human readable form, decompile, disassemble or create derivative works of any material that is subject to Solidus's proprietary rights and/or any portion of the Website and/or Content and/or Data made accessible by Solidus on or through the Services, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content and/or Data; (j) make any use of the Content on any other website or networked computer environment for any purpose without Solidus’s prior written consent; (k) create a browser or border environment around Solidus Content (no frames or inline linking is allowed); (l) create a database by systematically downloading and storing all or any of the Content and/or Data from the Website; (m) transmit or otherwise make available in connection with the Service any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (n) use the Service and/or Data for any purpose for which it is not intended; (o) provide Solidus with false Personal Information or payment method; and/or (p) violate any of the Terms.
5. Intellectual Property RightsThe Website, the Content, the Data, the Company's proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trademarks, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
The Terms do not convey to you an interest in or to the Company's Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to Solidus (“Feedback”), Solidus shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Solidus current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require Solidus to comply with any additional obligations with respect to any Solidus current or future products, technologies or services that incorporate any Feedback.
6. Trademarks and Trade namesSolidus’s marks and logos and all other proprietary identifiers used by the Company in connection with the Website (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Website belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third-Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
7. AvailabilityThe Website and Website’s availability and functionality depends on various factors, such as communication networks and third party vendors. Solidus does not warrant or guarantee that the Website will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
8. Disclaimer of WarrantiesTO THE FULLEST EXTENT LEGALLY PERMISSIBLE, AND OTHER THAN EXPRESSLY SET FORTH HEREIN, THE WEBSITE, THE SERVICES , THE DATA AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS, AND SOLIDUS, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS, SUPPLIERS (COLLECTIVELY, "SOLIDUS'S REPRESENTATIVES"), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, AVAILABILITY, THE QUALITY OF THE SERVICES OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS CANNOT CHANGE.
OTHER THAN EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT THAT (I) THE USE AND OPERATION OF THE WEBSITE AND/OR THE SERVICES AND/OR CONTENT AND/OR DATA IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT SOLIDUS WILL CORRECT ANY ERRORS OR DEFECTS IN THE WEBSITE OR THE DATA, AND (III) THE WEBSITE AND/OR DATA WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND SOLIDUS AND SOLIDUS'S REPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS.
YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ALL ACTIONS THAT YOU TAKE IN RESPONSE TO THE DATA AND YOU MUST THOROUGHLY REVIEW THE DATA AND INDEPENDENTLY DETERMINE WHICH ACTIONS ARE APPROPRIATE IN LIGHT THEREOF. THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE DATA, AND IS NOT RESPONSIBLE OR LIABLE FOR YOUR RELIANCE UPON AND USE OF THE DATA OR ANY CONSEQUENCES AND/OR LIABILITIES AND/OR DAMAGES RESULTING THEREFROM. THE DATA DOES NOT CONSTITUTE, AND DOES NOT SUBSTITUTE, PROFESSIONAL ADVICE, INCLUDING LEGAL AND/OR SECURITY AND/OR FINANCIAL ADVICE.
9. Limitation of LiabilityTO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL SOLIDUS, INCLUDING SOLIDUS'S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE WEBSITE AND/OR THE CONTENT AND/OR THE DATA AND/OR THE SERVICES, YOUR USE OR INABILITY TO USE THE WEBSITE AND/OR THE CONTENT AND/OR THE DATA AND/OR THE SERVICES AND/OR THE FAILURE OF THE WEBSITE AND/OR THE CONTENT AND/OR THE DATA AND/OR THE SERVICES TO PERFORM AS DESCRIBED OR EXPECTED; ALL REGARDLESS OF WHETHER SOLIDUS (OR SOLIDUS' REPRESENTATIVES) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, SOLIDUS'S AND SOLIDUS'S REPRESENTATIVES' TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE, THE SERVICES AND/OR THE CONTENT AND/OR THE DATA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO SOLIDUS IN THE THREE MONTHS PRECEDING THE EVENT WHICH GAVE RISE TO SUCH LIABILITY, OR $US10.00, WHICHEVER IS GREATER.
10. IndemnificationYou agree to defend, indemnify and hold harmless Solidus, including Solidus Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Services and/or Website and/or the Data; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the Services and/or the Website and/or the Content and/or the Data; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Services and/or Website and/or the Content and/or the Data. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.