Terms and PrivacyTERMS OF SERVICE
TERMS OF SERVICE
LAST UPDATE: June 12, 2018
By creating an Tokenswap Account (Account), or using any of the Services (Services) provided by the Tokenswap Website (Tokenswap.store) or the Tokenswap API, you (the Client, Registered User, Verified User, your, yourself, Users) are deemed to have read, understood, and accepted all of the following Terms and Conditions (Terms) in the Agreement (Agreement) outlined by Tokenswap.store.
Please review the terms described herein carefully. Your use of the Tokenswap.store Website is contingent on your acceptance of these Terms and all the Terms and policies incorporated herein. You cannot use Tokenswap.store if you do not agree to these terms, and your use and participation means you agree and accept these Terms and Conditions. These terms are void where prohibited by law, and the right to access and use the Website is revoked in any such jurisdiction.
PLEASE READ THIS DOCUMENT CAREFULLY. IT IS AN AGREEMENT AND CONTAINS VERY IMPORTANT INFORMATION ABOUT THE TERMS OF OUR SERVICES. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE OUR SERVICES.
By using our Services, you accept and are bound by the Terms below.
Unless otherwise indicated, the Services and all content and other materials in the Services, including, without limitation, the Tokenswap trademark and/or logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the Tokenswap Content) are the proprietary property of Tokenswap or its sponsors, or licensors and are protected by international copyright and/or other intellectual property laws.
Subject to these Terms, Tokenswap grants you a limited, non-exclusive, non-sublicensable and fully revocable license (the Tokenswap License) to access and use the Services during the time that you are in compliance with these Terms.
ELIGIBILITY TO USE THE SERVICES PROVIDED BY Tokenswap
You must be 18 years or older to access or make use of the Services. The Services are not targeted to, or intended to be used by, anyone under the age of 18.
UPDATING YOUR CONTACT INFORMATION
It is your responsibility as a user to keep your primary address registered with the Tokenswap mailing list so that we can communicate with you. In the event that we send an electronic communication to you but you do not receive it because your primary email address registered with us is incorrect, out of date, blocked by your service provider, or otherwise unable to receive electronic communications, we will still be deemed to have provided the communication to you. If you use a spam filter that blocks emails from senders not listed in your email address book, it is your responsibility to add Tokenswap to your address book so that you are able to receive communications from us.
DESCRIPTION OF SERVICE
Tokenswap provides a secure, convenient platform for exchanging digital assets on the Ethereum network. Users deposit their assets to the Tokenswap smart contract, and, through the Tokenswap Website, authorize Ethereum transactions to exchange those assets for other assets on the same network. You may use our platform to exchange digital assets directly with us or with other parties using the Tokenswap contract. The exchange rate and quantity of assets is defined by the two parties participating in the exchange. Our services do not allow users to exchange their assets for anything other than assets on the Ethereum network.
FEES AND AUTHORIZATION
Tokenswap charges a transaction fee for both parties involved in the exchange. By agreeing to these Terms, you agree to these transaction fees.
It is your sole responsibility to determine what, if any, taxes apply to the payments you make or receive, and to collect, report, and remit the correct tax to the appropriate tax authority. Tokenswap is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction.
THE ETHEREUM WALLET
You are responsible for maintaining the security of your Ethereum wallet and any device that you utilize in connection with the Services, and ensuring that no unauthorized person has access to your Ethereum wallet or any device that you utilize in connection with the Services.
USE OF THE SERVICE
Your use of the Services shall be for non-commercial purposes, which means you shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer any license associated with the Services to anyone.
In connection with your use of these Services, you hereby agree that you will not:
- Provide false, inaccurate, or misleading information;
- Use, or attempt to use, the Services to harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person or group;
- Partake in any transaction involving the proceeds of illegal activity (defined below);
- Violate or assist in the violation of any applicable law, statute, ordinance, or regulation;
- Intentionally try to defraud Tokenswap or its Users;
- Take any action that interferes with, intercepts, or expropriates any system, data, or information;
- Transmit or upload any malicious software or program;
- Attempt to gain unauthorized access to other Tokenswap accounts, the Website, or any related networks; or Disrupt the Services in any manner.
Tokenswap may not be used to transmit funds for any activity that is considered a crime in the Republic of Panama.
- Drug trafficking;
- Purchases on darknet markets;
- Qualified swindle;
- Illegal arms trafficking;
- Human trafficking;
- Abduction ransom;
- Corruption of public officials;
- Acts of terrorism or terrorist financing;
- Robbery or international traffic of automobiles;
- Crimes against copyright in general
ACCOUNT SUSPENSION AND CLOSURE
Tokenswap reserves the sole and absolute right to refuse to let you open an account, suspend your account, or terminate your account or your use of one or more of the Services. Such actions may be taken as a result of your violation of the terms of this Agreement.
You may terminate this Agreement at any time by closing your account and discontinuing use of the Services. Upon termination of this Agreement and your account, you remain liable for all transactions made while the account was open. If you used the Services to commit a crime, we will close your account.
You agree that Tokenswap will not be liable to you or to any third party for termination of their access to the Services.
In using our Services, you may view content provided by third parties, including links to web pages of such parties. We do not control, endorse or adopt any Third-Party Content, and shall have no responsibility for Third-Party Content, including but not limited to material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. Any business dealings or correspondence with such Third-Parties are solely between you and the Third-Parties. Tokenswap is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content and your interactions with Third-Parties is at your own risk.
DISCLAIMER: RISKS RELATED TO CRYPTOCURRENCY AND USE OF OUR SERVICE AND RISKS RELATED TO USE OF ETHEREUM PLATFORM
Tokenswap is not liable for any damages that may arise out of or in connection with your use of this Website. This includes, but is not limited to, claims, applications, injuries, delays, direct loss, loss of business or profits, business interruption costs, loss of goodwill or business profits, loss of cryptocurrency or digital assets, damage caused by your computer, computer software, systems and programs, and the data thereon or any other direct or indirect, consequential and incidental damages. In addition, Tokenswap is not liable for any losses incurred, either directly or indirectly through your use of the Website or any of its functions and features (collectively, all of the foregoing items shall be referred to herein as “losses”). Tokenswap is hereby released by you from liability for any and all losses. These limitations of liability apply whether the liability or losses are based on negligence, contract, tort, or any other basis, even if Tokenswap has been advised or should have known of the possibility of such losses.
Users of this Website are responsible for the results of their actions, and are responsible for protecting access to information to the Website including, but not limited to, private keys, passwords, and JSON wallet files.
Tokenswap is not held liable for any malfunction, breakdown, delay or interruption to the Internet connection, or if for any other reason our Website is unavailable for any period of time.
Tokenswap is not responsible for any problems that may result from the use of the Ethereum platform, or any problems arising from the Ethereum code.
Tokenswap is not an insured financial institution. As a result, unlike funds held in most banks or credit unions, amounts displayed through the Services are not insured against loss.
APPLICABLE LAW AND ARBITRATION
You and Tokenswap agree to arbitrate any dispute arising from these Terms or your use of the Services. Arbitration prevents you from suing in court or from having a jury trial. You and Tokenswap agree to notify each other in writing of any dispute within sixty days of when it arises.
In addition, you and Tokenswap also agree:
- To attempt informal resolution prior to any demand for arbitration;
- That any arbitration will occur in the Republic of Panama;
- That any arbitration will be conducted confidentially by a single arbitrator, selected by a third-party arbitration forum;
- That the federal courts in the Republic of Panama have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration; and
- That the arbitrator has the authority to grant any remedy that would otherwise be available in court.
You will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
Tokenswap will not be deemed in default of these Terms to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any external force including, but not limited to, war, insurrections, bank failures, strikes, fires, floods, earthquakes, labor disputes, epidemics, governmental regulations, freight embargoes, natural disaster, act of government or any other cause beyond our reasonable control.
LIMITATION OF LIABILITY AND INDEMNIFICATION
You hereby expressly understand and agree that Tokenswap and our affiliates and service providers, and their respective officers, directors, agents, joint ventures, employees, and representatives will not be liable for any indirect, special, incidental, punitive, exemplary or consequential damages for loss of profits, use, data, or business associated with the use of the Service.
You agree to defend, indemnify and hold harmless Tokenswap, its subsidiaries, affiliates, independent contractors, service providers and consultants, and their respective directors, employees and agents from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of your use of the Services in any form.
The Services are provided as is and without any representation of warranty, whether express, implied, or statutory. Tokenswap, our affiliates, officers, directors, agents, joint venturers, employees, and suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
Tokenswap does not guarantee continuous, uninterrupted or secure access to any part of the Services, and operation of our site may be interfered with by numerous factors outside of our control. Tokenswap will make reasonable efforts to ensure that transactions are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete transactions because the Services are dependent upon many external factors.
Our Services may not be available to you due to your residency, geographic location, or eligibility criteria. Certain jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
It is prohibited to access, download or use the Services in the following jurisdictions:
- New York;
- North Korea
Any user that is found to be using the Service from one of the aforementioned jurisdictions will lose access to their account and their funds will be frozen until the direct withdrawal function activates and the user can interact with the Tokenswap contract directly to withdraw their assets.
WAIVER AND CONFLICT
The failure of Tokenswap to exercise or enforce any right or provision in these Terms shall not operate as a waiver. As it relates to the Services, if there is ever a conflict between these Terms and any other terms or policies these Terms will control.
DISCLOSURES TO LEGAL AUTHORITIES AND AUTHORIZED FINANCIAL INSTITUTIONS
Tokenswap may share your personal information with law enforcement, data protection authorities, government officials, and other authorities in the following situations:
- When required by law;
- When compelled by subpoena, court order, or other legal procedure;
- When disclosure is necessary to report suspected illegal activity; and
AMENDMENTS AND ALTERATIONS TO THE Tokenswap TERMS OF SERVICE
Tokenswap reserves the right to amend, change, add, remove, or alter portions of these Terms, at any time. In the event of any amendments or alterations to the Terms, Tokenswap will notify Users by sending an email to the address we have on file for you. In addition, any amendments or alterations will be noted on the Website. These changes will be effective immediately upon notice to you by email or posting on the Website. It is your responsibility to review the amended Terms. Your continued use of the Website following the notification of amendments or alterations will mean that you accept and agree to the changes. Furthermore, continued use will mean that you agree that all subsequent transactions by you will be subject to the most recent Terms outlined on the Website.
In the event that you disagree with any new amendments and alterations to the Terms, you may withdraw your consent by canceling your account.
The headings of each section in this Agreement are included only for convenience and shall not affect the constructions of these Terms.
Please Contact us at support@Tokenswap.store to report any violations of this User Agreement or to ask any questions regarding this agreement or the Services.
LAST UPDATE: June 12, 2018
Tokenswap Labs S.A. is committed to protecting your privacy. Authorized employees within the company only use any information collected from individual customers as necessary. We will not sell, share, or rent your personal information to any third party, unless required by extraordinary and rare circumstances such as being compelled by law enforcement. Any emails sent by this Company will only be in connection with the provision of agreed Services.
We may use your contact information to inform you of any changes to the Services, or to send you additional information about us.
We may only share your personal information as follows:
- With your consent;
- To comply with applicable laws;
- To respond to legal requests and legal process;
- To protect the rights, life, and property of Aurora Labs, our agents, registered users, and others. This includes enforcing our agreements, policies, and Terms of Service;
- In an emergency, i.e. protecting the safety of our employees and agents, our registered users, or any person;
- To certain employees when the sharing of such information is indispensable to the conduct of their employment; and
- With companies that we plan to merge with or be acquired by.
When using our Services we will collect personal information that you provide to us. For example, that may include registration, online surveys, and other online forums that ask users to provide their names, email addresses, other contact information, optional demographic information, financial account information, and feedback.
When you use our Services, we collect information about your transactions and/or your other activities on our Website and Services and we may continuously collect information about your computer, mobile device, or other access device for fraud prevention purposes, and to identify any malicious software or other activity that may harm Tokenswap Labs or its users.
Tokenswap Labs will take reasonable measures in an effort to prevent the loss, misuse, and alteration of the information that we obtain from you, but we make no assurances about our ability to prevent any such loss, misuse or alteration, and we will have no liability to you or to any third party arising out of any such loss, misuse or alteration.