1. Terms of Use:
1.1. User Assurances:
Venkate Exchange does not possess, store, or control any cryptographic assets displayed on its interface, nor does it hold custody or control over user funds. Users maintain control over their cryptographic assets when interacting with Venkate Exchange smart contracts. Access to private keys is beyond our capabilities.
1.1.1. Individuals: Must be of legal age and have legal capacity to enter into these Terms.
1.1.2. Entities: Must have the legal authority to accept these Terms on behalf of the entity.
1.1.3. Prohibited Localities: Users must not be residents, nationals, or agents of Restricted Territories which include, but are not limited to, Algeria, Afghanistan, Bangladesh, and other specified regions under sanctions.
1.1.4. Sanctions Compliance: Users must not be subject to any economic or trade sanctions.
1.1.5. No VPNs: Users must not use VPN software or other tools to circumvent restrictions.
1.1.6. Legal Compliance: Access and use must comply with all applicable laws and not facilitate any illegal activity.
1.2. User Acknowledgements:
1.2.1. Inaccessibility: The site or interface may occasionally be inaccessible due to various reasons such as maintenance, equipment malfunctions, or disruptions beyond our control.
1.2.2. Access Modification: We reserve the right to disable or modify access in case of breach of these Terms.
1.2.3. Interface Changes: The interface may evolve and change at the discretion of third parties.
1.2.4. Pricing Information: Provided pricing information does not constitute an offer or recommendation for transactions.
1.2.5. Broker/Advisor: Venkate Exchange does not act as a broker or advisor.
1.2.6. User Responsibility: Users are solely responsible for their use of the site or interface, including digital asset transfers.
1.2.7. No Fiduciary Duties: Venkate Exchange owes no fiduciary duties or liabilities to users.
1.2.8. Tax Responsibility: Users are responsible for reporting and paying any applicable taxes.
1.2.9. Transaction Liability: Venkate Exchange is not responsible for the delivery, quality, safety, legality, or any aspect of digital assets transferred to or from third parties. Users bear the risk of transaction issues.
Sure, here's a detailed version of the terms tailored for Venkate Exchange, using the provided MYX.finance terms as a template:
2. FEES
You are required to pay all fees for transactions involving certain blockchain networks. These fees may include gas costs and any other fees reflected on the Interface at your use, including trading-related fees. Venkate Exchange does not receive fees for any blockchain transactions or for using the Site or the Interface.
3. 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.
4. PROPRIETARY RIGHTS
4.1. Venkate Exchange holds all rights, titles, and interests in the website and interface, including but not limited to names, logos, trademarks, and other marks. This encompasses all content, code, data, or other materials accessed or used through our website or interface. Your use or access to the website or interface does not grant you any ownership or other rights in them, except as expressly set forth herein.
4.2. Venkate Exchange may use and share your comments, error reports, ideas, or other feedback provided, including suggestions for how we might improve. You agree that Venkate Exchange has the freedom to use or not use any such feedback as we see fit, including the right to copy and share it with third parties, without any obligation to you.
5. MODIFICATION, SUSPENSION, AND TERMINATION
5.1. Venkate Exchange reserves 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. Venkate Exchange 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.
6. Risk
6.1. Utilizing blockchain, smart contracts, and cryptocurrencies involves risks, which you assume by accessing and transacting. Venkate Exchange does not own or control any underlying software that constitutes the blockchain network. By using our interface, you acknowledge and agree that:
6.1.1. Venkate Exchange is not responsible for the operation of the open-source software and the underlying network of the interface;
6.1.2. The functionality, security, or availability of this software and network cannot be guaranteed;
6.1.3. The underlying network is subject to sudden changes in operational rules, such as "forks," which can significantly impact the interface. You are responsible for safeguarding your private keys. We cannot access your private keys; losing control of them will permanently and irrevocably deny access to any blockchain-based networks. Venkate Exchange or any other entity cannot retrieve or protect your digital assets. Loss of private keys means you cannot transfer your digital assets to any blockchain address or wallet, rendering them inaccessible.
6.2. Venkate Exchange is not responsible for any third-party content, including information, materials, products, or services not owned or controlled by Venkate Exchange. Third parties may offer promotions related to your access and use of the interface. Venkate Exchange neither endorses these resources or promotions nor assumes any liability. You assume all risks and understand that these terms do not apply to your transactions or relationships with any third parties.
6.3. You acknowledge the ongoing development and inherent risks associated with blockchains when using the interface. The costs of transactions on these blockchains are variable and may increase, affecting activities on these networks, potentially leading to price volatility or increased costs of using the interface.
6.4. Transactions related to the interface are irreversible and final, with no refunds. You acknowledge and agree that you bear all risks associated with accessing and using the interface.
6.5. We adhere to applicable laws, which may require us to take certain actions or provide information that may not align with your best interests as mandated by government agencies.
6.6. When network congestion, network outages, excessive order traffic, keeper outages, oracle price issues, or contract attacks result in trading suspension, a time rewind feature will be utilized: KEEPERS can execute orders or liquidation orders that should have been executed but were not executed in time using historical valid prices. By using this website, you agree with this functionality.
7. Prohibited Uses
7.1. You agree not to engage in the prohibited uses set forth below. The specific activities set forth below are representative but not exhaustive. By using the Site or the Interface, you confirm that you will not do any of the following:
7.1.1. Promote or facilitate illegal activities, including but not limited to money laundering, terrorist financing, tax evasion, buying or selling illegal drugs, contraband, counterfeit goods, or illegal weapons;
7.1.2. Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity, privacy, or any other proprietary right of Venkate Exchange;
7.1.3. Engage in improper or abusive trading practices, including but not limited to (a) any fraudulent act or scheme to defraud, deceive, trick, or mislead; (b) trading ahead of another user of the Site or the Interface or front-running; (c) fraudulent trading; (d) accommodation trading; (e) fictitious transactions; (f) pre-arranged or non-competitive transactions; or (g) cornering;
7.1.4. Uploading or transmitting viruses, worms, Trojan horses, time bombs, cancelbots, spiders, malware, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or the Interface;
7.1.5. Use the Site or Interface in any way that is, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, stalking, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive, or otherwise objectionable or likely or intended to incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others;
7.1.6. Harass, abuse, or harm another person or entity, including Venkate Exchange's collaborators and service providers;
7.1.7. Impersonate another user of the Site or the Interface or otherwise misrepresent yourself; or
7.1.8. Engage or attempt to engage or encourage, induce or assist any third party, or yourself attempt, to engage in any of the activities prohibited under this Section 4 or any other provision of these Terms.
8. Disclosures; Disclaimers
You are responsible for complying with all Applicable Laws that govern your Perpetual Contracts. Due to restrictions under the Commodity Exchange Act and regulations by the U.S. Commodity Futures Trading Commission ("CFTC"), no U.S. Person may enter into Perpetual Contracts using the Interface.
You understand that Venkate Exchange is not registered or licensed by any regulatory agency or authority. No such agency or authority has reviewed or approved the use of the Site or the Interface.
You agree that the Site and the Interface are provided on an "AS IS" and "AS AVAILABLE" basis. Venkate Exchange makes no guarantees of any kind in connection with the Site or the Interface.
9. Limitation of Liability
In no event shall Venkate Exchange, its affiliates, suppliers, 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, whether under contract, tort (including negligence), civil liability, statute, strict liability, breach of warranties, or any other theory of liability, and whether or not we have 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 nor is Venkate Exchange in any way responsible for the execution or settlement of transactions between users of the Interface.
In no event shall Venkate Exchange's aggregate liability arising out of or in connection with the Site or Interface exceed one thousand Singapore Dollars (1,000.00 SGD).
10. Indemnification
You will defend, indemnify, and hold harmless Venkate Exchange, 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 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 related smart contract and/or script, (d) your violation of any laws, (e) your violation of the rights of any third party, (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.
11. Dispute Resolution & Arbitration
Venkate Exchange will use its best efforts to resolve 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 Venkate Exchange on 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 be similar in form to that described above. If you and Venkate Exchange cannot reach an agreement to resolve the claim within sixty (60) days of your notice, then you and Venkate Exchange agree to resolve the potential dispute according to the process set forth below.
Any claim or controversy arising out of or relating to the Site, the Interface, or these Terms, 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 Corte Civil y Mercantil de Arbitraje (CIMA). You understand that you are required to resolve all Disputes by binding arbitration. The arbitration shall be confidential before a single arbitrator, who shall be selected pursuant to the CIMA rules. The arbitration will be held in Madrid, Spain, 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.
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 Venkate Exchange will not have the right to assert the claim.
12. 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.
13. General Information
13.1. Any right or remedy of Venkate Exchange 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 Venkate Exchange in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
13.2. 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.
13.3. Venkate Exchange 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.
13.4. 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 of our rights or obligations under these Terms, in whole or part, without notice or obtaining your consent or approval.
13.5. These Terms contain the entire agreement between you and Venkate Exchange and supersede all prior and contemporaneous understandings between the parties regarding the Interface and the Site or the Interface.
13.6. In the event of any conflict between these Terms and any other agreement you may have with us, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.
13.7. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms other than the Indemnified Parties.
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