Last Updated: March 17th, 2024
Introduction & Disclaimers
By accessing our website, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.
THESE TERMS GOVERN YOUR USE OF THE SERVICES UNLESS. WE ARE ONLY WILLING TO MAKE THE SERVICES AVAILABLE TO YOU ONLY IF YOU ACCEPT ALL OF PROVISIONS CONTAINED IN THESE TERMS. BY USING THE SERVICES, YOU ARE CONFIRMING YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN WE ARE UNWILLING TO MAKE THE SERVICES AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
STREAMFLOW IS NOT REGISTERED WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION AND DOES NOT OFFER SECURITIES SERVICES IN THE UNITED STATES OR TO U.S. PERSONS. YOU ACKNOWLEDGE THAT TOKENS ARE NOT SUBJECT TO PROTECTIONS OR INSURANCE PROVIDED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION OR THE SECURITIES INVESTOR PROTECTION CORPORATION.
Streamflow does not hold or custody your Tokens. Streamflow may provide links to third party wallets from time to time for your convenience, but any links are for information and purposes only and Streamflow disclaims any liability whatsoever related to your decision to interact with such third party wallets or your custody of the Token by any third party wallet.
Streamflow does not offer Tokens for purchase and Tokens accesses via the Platform should not be purchased or otherwise acquired as an investment. Streamflow reserves the right to reject any usage of Tokens or other activities on Streamflow Platform.
No terms in this document constitute a prospectus, an offer document of any sort, or are intended to constitute an offer of securities, or a solicitation for investment in securities. If you receive Tokens through an airdrop, please note that any Streamflow Platform contribution and/or participation does not represent, constitute or involve the exchange of value for any form of securities, investment units and/or form of ordinary shares in any project, in any platform associated with Streamflow.
This document in any part thereof and any copy thereof must not be transmitted to any country where distribution or dissemination of these documents and its information is prohibited or restricted. No regulatory authority has examined or approved to this date of any of the information set out in this document. The publication, distribution or dissemination of these terms do not imply that the applicable laws, regulatory requirements or rules have been complied with.
All Users are responsible for implementing reasonable measures for securing their own digital wallet, vault or other storage mechanism used to receive and hold Tokens, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s). If any private key(s) or other access credentials are lost, the holder may lose access to their Tokens. Streamflow is not responsible for any losses, costs or expenses relating to lost access credentials. Streamflow shall have no obligations in any form or whatsoever to you in respect of your Tokens. It is the Token holder’s entire responsibility to withhold, collect, report and remit the correct taxes to the appropriate tax authorities regarding any received Tokens via the Platform.
You expressly understand and agree that your access to and use of Streamflow Platform is at your sole risk, and that Streamflow Platform is provided "as is" and "as available" without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we, our subsidiaries, affiliates, and licensors make no express warranties and hereby disclaim all implied warranties regarding Streamflow Platform and any part of it (including, without limitation, the site, any smart contract, or any external websites), including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, correctness, accuracy, or reliability. Without limiting the generality of the foregoing, we, our subsidiaries, affiliates, and licensors do not represent or warrant to you that: (I) your access to or use of Streamflow Platform will meet your requirements, (II) your access to or use of Streamflow Platform will be uninterrupted, timely, secure or free from error, (III) usage data provided through Streamflow Platform will be accurate, (III) Streamflow Platform or any content, services, or features made available on or through Streamflow Platform are free of viruses or other harmful components, or (IV) that any data that you disclose when you use Streamflow Platform will be secure. Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so some or all of the above exclusions may not apply to you.
You accept the inherent security risks of providing information and dealing online over the internet, and agree that we have no liability or responsibility for any breach of security unless it is due to our gross negligence.
We will not be responsible or liable to you for any losses you incur as the result of your use of the Platform or an electronic wallet, including but not limited to any losses, damages or claims arising from: (a) user error, such as forgotten passwords or incorrectly construed smart contracts or other transactions; (b) server failure or data loss; (c) corrupted wallet files; (d) unauthorized access or activities by third parties, including but not limited to the use of viruses, phishing, bruteforcing or other means of attack against Streamflow Platform, a supporting network network, or an electronic wallet.
We are not responsible for losses due to blockchains or any other features of Streamflow Platform or an electronic wallet, including but not limited to late report by developers or representatives (or no report at all) of any issues with blockchains, including but not limited to forks, technical node issues, or any other issues having fund losses as a result.
Definitions
General Agreement
Eligibility
Access to Streamflow’s Services is restricted in the following jurisdictions:
This list is subject to change and may be updated to reflect global regulatory shifts. Users are responsible for ensuring compliance with these restrictions.
The following individuals or entities are prohibited from using Streamflow’s Services
Users must confirm the following:
Use of our Services is conditioned upon compliance with:
Users must continuously ensure:
Streamflow reserves the right to enforce these restrictions through measures such as geo-fencing technology.
Prohibited Activities Related to Securities
In connection with your use of the Platform and/or Services, you are expressly prohibited from engaging in any form of transaction, trade, or activity involving digital tokens, cryptocurrencies, or any digital assets that represent or are in any way related to securities as defined by applicable securities laws and regulations. This includes, but is not limited to:
Ownership; Intellectual Property
You acknowledge and agree that, unless otherwise stated, we (or, as applicable, our licensors) own all legal right, title and interest in and to all elements of the Platform, and all intellectual property rights therein. The visual interfaces, graphics (including, without limitation, all art and drawings associated with the), design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Platform (collectively, the “Materials”) are owned by Streamflow, and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Materials are the copyrighted property of Streamflow or its licensors, and all trademarks, service marks, and trade names contained in the Materials are proprietary to Streamflow or its licensors. Except as expressly set forth herein, your use of the Platform does not grant you ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the Platform. We reserve all rights in and to the Materials not expressly granted to you in the Terms
You may choose to submit comments, bug reports, ideas or other feedback about the Platform, including without limitation about how to improve the Platform (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose. Digital Assets, Wallets, Proprietary Rights and Ownership
Account and Wallet Security and Accuracy
1. Ensure that all information and materials provided by you are truthful, precise, and complete.
2. Adhere to all relevant legal requirements in providing this information and materials, ensuring they do not violate any third-party rights.
3. Promptly inform us of any inaccuracies in the provided materials or information and correct them as necessary.
Reservation of Rights
In connection with your use of the Platform and/or Services, it is essential to comply with the following restrictions to ensure legal and responsible behavior. Violation of any of these provisions will lead to restrictions on your access to the Platform and Services.
Your compliance with the foregoing is vital for maintaining a secure and lawful environment on the Streamflow Platform. Streamflow reserves the right to take necessary action, including account suspension or termination, in response to any violations of these terms. Your continued use of the Platform and Services signifies your agreement to adhere to these Terms and any future amendments.
You further agree that you are solely responsible for your interactions with other users of the Platform. We reserve the right, but has no obligation, to become involved in your dispute with other users of the Platform.
Assumption of Risk
By accessing and using the Streamflow Platform, you acknowledge that any reliance on the content or information distributed through or accessed from the Platform is solely at your risk. We emphasize that, to the fullest extent permissible by law, neither Streamflow nor its associates will be liable for any damages arising under contract, tort, strict liability, negligence, or any other legal or equitable theory due to your access or use of the Platform. Your only remedy for dissatisfaction with the Platform is to cease its use. If the use of materials from the Platform necessitates servicing, repair, or correction of equipment or data, you agree to assume any associated costs.
Without limiting the generality of the foregoing you accept and acknowledge each of the following:
Limitation of Liability
In connection with your use of the Platform and/or Services, you will not:
Reservation of Rights
Streamflow Finance, along with its associates, licensors, service providers, employees, agents, officers, or directors, will not be liable for any damages of any kind under any legal theory arising from your use or inability to use the Platform. This includes direct, indirect, special, incidental, consequential, or punitive damages, regardless of the cause, even if foreseeable. This exclusion and limitation apply to personal injury, emotional distress, loss of revenue, profits, business, data, or any other losses. However, nothing in these terms limits liability for fraud, fraudulent misrepresentation, or for death or personal injury caused by gross negligence.
In no event shall Streamflow or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use the Platform or the, even if Streamflow or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
In the context of these Terms, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.
You agree that our total, aggregate liability to you for any and all claims arising out of or relating to these terms or your access to or use of (or your inability to access or use) any portion of Streamflow Platform, whether in contract, tort, strict liability, or any other legal theory, is limited to the greater of: (a) the amounts you actually paid us under these terms in the 12 month period preceding the date the claim arose, and (b) $100.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, and some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so the above limitations may not apply to personal injury claims.
Indemnification
To the fullest extent permitted by law, You will indemnify, defend and hold harmless Streamflow and its past, present and future employees, partners, contractors, consultants, suppliers, vendors, service providers, agents, representatives, predecessors, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, actions, damages, losses, costs and expenses (including attorneys’ fees) that arise from or relate to: (I) your use of the Platform or any Services, (II) your responsibilities or obligations under these Terms, (III) your violation of these Terms, or (IV) your violation of any rights of any other person or entity.
Streamflow reserves the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Streamflow. Disclaimer of Warranties
Your access to and use of the Streamflow Platform and Services is entirely at your own risk. Except as expressly outlined in these terms, Streamflow makes no warranty, either express or implied, about the Platform or Services. The Platform is provided "as is" and "as available" without warranties of any kind, either express or implied. This includes but is not limited to, the accuracy, reliability, uninterrupted service, correction of defects, or the absence of viruses or harmful components in the Platform or Services. We do not guarantee the completeness or timeliness of information or materials on the Platform and are not liable for errors, omissions, or misinterpretations. The maximum extent permitted by law, all warranties, including merchantability, fitness for a particular purpose, and non-infringement, are disclaimed.
Dispute Resolution; Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
The laws of the State of Delaware shall govern these Terms.
Severance
Any term of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms is not affected.
Changes to these Terms
We may revise and update these Terms and other policies from time to time in our sole discretion. When we make changes, we will make the updated Terms available on the website and update the “Last Updated” date at the beginning of these Terms accordingly, which apply to all access to and use of the Platform. Please check these Terms periodically for changes. Any changes to the Terms will apply on the date that they are made, and your continued access to or use of the Platform after the Terms have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms, you may not access or use the Platform.
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