THIS TERMS OF SERVICE AGREEMENT ("Agreement") is made between Ray Network, Decentralized Autonomus Organization ("Organization") and any person or entity ("User") who completes the process to download, utilize, or operate the software known as the Ray Network cryptocurrency Wallet application, and data processing service, application, communication service or other content or offered or provided with the software by the Organization ("Software"). The Organization and User are collectively referred to as the "Parties." BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING, USING OR INSTALLING ANY PART OF THE SOFTWARE, USER EXPRESSLY AGREES TO AND CONSENTS TO BE LEGALLY BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE USER SHALL NOT BE AUTHORIZED TO ACCESS, USE OR INSTALL ANY PART OF THE SOFTWARE.
All currency conversion charges, third party fees, sales, use, value-added, personal property or other tax, duty or levy of any kind, including interest and penalties thereon, whether imposed now or hereinafter by any governmental entity, and fees incurred by User by reason of User's access, use or installation of the Software shall be the sole responsibility of User.
User represents and warrants to the Organization that: (a) if User is a natural person, User is over the age of eighteen (18); (b) User has the power and authority to enter into and perform User's obligations under this Agreement; (c) all information provided by User to the Organization is truthful, accurate and complete; (d) User will comply with all laws and regulations of any applicable jurisdiction with regard to User's access, use or installation of the Software; (e) User shall comply with all terms and conditions of this Agreement, including, without limitation, the provisions set forth at Section 4; and (f) User has provided and will provide accurate and complete information as required for access, use or installation of the Software.
User is solely responsible for any and all acts and omissions that occur under User's account, security information, keys or password, and User agrees not to engage in unacceptable use of the Software, which includes, without limitation, use of the Software to: (a) disseminate, store or transmit unsolicited messages, chain letters or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) disseminate, store or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of any applicable jurisdiction, or without all required approvals, licenses or exemptions; (f) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Software or any other computer network; or (g) disseminate, store or transmit viruses, Trojan horses or any other malicious code or program.
This Agreement is effective upon User's acceptance as set forth herein and shall continue in full force so long as User engages in any access, use or installation of the Software. The Organization reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Software; (b) suspend User's access to or use of all or any portion of the Software; and (c) terminate this Agreement.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SOFTWARE IS AT USER'S SOLE RISK. THE ORGANIZATION DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES THE ORGANIZATION MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SOFTWARE. THE ORGANIZATION MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. THE ORGANIZATION EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, WARRANTY OF SUITABILITY FOR A PARTICULAR PURPOSE, WARRANTY OF TITLE OR INTEREST, OR WARRANTY OF NONINFRINGEMENT.
IN NO EVENT SHALL THE ORGANIZATION OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OF ITS OR THEIR RESPECTIVE SERVICE PROVIDERS, BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY OR INABILITY TO USE THE SOFTWARE, LOST REVENUES OR PROFITS, DELAYS, INTERRUPTION OR LOSS OF SERVICES, BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION OR BREACHES IN SYSTEM SECURITY, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE ORGANIZATION OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OF ITS OR THEIR RESPECTIVE SERVICE PROVIDERS, BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM OR IN ANY WAY RELATED TO USER'S ACCESS, USE OR INSTALLATION OF THE SOFTWARE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH THE SOFTWARE, USER'S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE SOFTWARE.
User agrees to indemnify, hold harmless and defend the Organization, its shareholders, directors, officers, employees, affiliates and agents ("Indemnified Parties") from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person, arising out of or relating to: (a) this Agreement; (b) User's access, use or installation of the Software, including any data or work transmitted or received by User; and (c) any unacceptable use of the Software by any person, including, without limitation, any statement, data or content made, transmitted or republished by User or any person which is prohibited as unacceptable under Section 4. THIS INDEMNIFICATION INCLUDES THE EXPRESS INDEMNIFICATION OF THE ORGANIZATION AND ALL INDEMNIFIED PARTIES FOR ANY ALLEGED NEGLIGENCE (INCLUDING ANY ALLEGED GROSS NEGLIGENCE). OR OTHER ALLEGED MISCONDUCT OF THE ORGANIZATION OR ANY INDEMNIFIED PARTIES.
The Organization retains all right, title, and interest in and to all of the Organization's brands, logos, and trademarks, including, but not limited to, Ray Network, RayWallet, RaySwap, RayNFT Marketplace, Ray Contracts, RayKickstart, and variations of the wording of the aforementioned brands, logos, and trademarks.
User acknowledges that the Organization shall not be responsible for transferring, safeguarding, or maintaining private keys and/or User's ADA or any other cryptocurrency. If User and/or any co-signing authorities lose, mishandle, or have stolen associated private keys, or if User's cosigners refuse to provide requisite authority, User acknowledges that User may not be able to recover User's ADA or any other cryptocurrency, and that the Organization shall not be responsible for such loss.
User acknowledges and agrees that ADA or any other cryptocurrency transactions facilitated by the Software and/or the Organization may be delayed, and that the Organization shall not be responsible for any associated loss. User acknowledges and agrees that the Organization shall not be responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessible or linked to the Software and/or the Organization.
By using the Software, User acknowledges and agrees: (i) that the Organization is not responsible for the operation of the underlying protocols and that the Organization makes no guarantee of their functionality, security, or availability; and (ii) that the underlying protocols are subject to sudden main-chain changes in operating rules ("forks"), and that such forks may materially affect the value, and/or function of the ADA or any other cryptocurrency that User stores on the Software. In the event of a fork, User agrees that the Organization may temporarily suspend the Software operations (with or without notice to User) and that the Organization may, in its sole discretion, (a) configure or reconfigure its systems or (b) decide not to support (or cease supporting) the forked protocol entirely, provided, however, that User will have an opportunity to withdraw funds from the Software. User acknowledges and agrees that the Organization assumes absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol.