You may be an employee or agent of a business entity, and therefore references to “you” shall also include: (1) any entity or individual that is your employer or for whom you act as agent, and (2) any of such entities other users individually (collectively, “Personnel”), in each case unless otherwise stated on the Website or in this User Agreement.
You additionally acknowledge and agree that Dogechain.info, the Website, and the Services, are a free, automated “self-service”, and “self-configuration” service provided by Block.io to the Dogecoin community, and that the Website and the Services are provided for your convenience, “as-is” without any representations or warranties of any kind, and without any commitment to maintain or support the Website or the Services, which may be terminated by Block.io at any time. The Website and Services are “beta” services intended to be used by knowledgeable users, software developers, and engineers and not intended for use by the general public. Please read this User Agreement and any posted instructions carefully. DogeChain does not take custody of or hold any Dogecoins on your behalf, and after your Dogecoin wallet is configured, you do not require access to Block.io, Dogechain.info, or any of the Services to access and transact with the Dogecoin in your Wallet, which are intended to be a self-service solution.
1) GENERAL USE
i) We may change the terms of this User Agreement at any time. Any such changes will take effect when posted on the Website, or when you use the Services. Please check back frequently because some of the terms may have changed since the last time you used the Services.
ii) Read the User Agreement carefully on each occasion you use the Services. Your continued use of the Services shall signify your acceptance to be bound by the current User Agreement. Our failure or delay in enforcing or partially enforcing any provision of this User Agreement shall not be construed as a waiver of any such provision.
a) "API" means application programming interface, and is not a Service, as defined below. Our API allows developers to programmatically access public data on the Dogecoin blockchain.
b) "Fork" means a change to the underlying protocol of a Virtual Currency network that results in more than one version of a Virtual Currency, the result of which may be one or more versions that are not supported by DogeChain.
c) "Service" means one or more features provided or operated by DogeChain via website or local application (mobile, desktop, or otherwise), including but not limited to: (a) a wallet service consisting of software that permits you to manage your Virtual Currency, organize network addresses, view transaction history and transact in Virtual Currencies (the “Wallet”); and (b) a notification service through which you may subscribe to notifications based on changes to your Wallet (e.g., balance changes, transfers of Virtual Currency, etc.) (the “Notification Service”).
d) "User Account" means an account for Services associated with both (i) a Wallet and (ii) an email address or login ID which need not be associated or associable. A Wallet is not, by itself, a User Account, and a User Account is not necessary to access any Virtual Currency stored in a Wallet.
e) "Virtual Currency" means a cryptocurrency, digital currency, digital asset, cryptoasset or other such similar term describing, for example, Dogecoin but does not include a derivative of a virtual currency or a security.
3) APPLICABLE LAW
Your relationship with DogeChain and use of any of the Services may be subject to the laws, regulations, and rules of governmental or regulatory authorities in your or our jurisdiction (“Applicable Law”). By entering into this User Agreement, you agree to act in compliance with and be legally bound to any and all Applicable Law. If your use of the Services is prohibited by Applicable Law (including, without limitation, United States sanctions), you shall not use the Services.
a) PROHIBITED USERS
You represent and warrant that: (a)(i) you are not currently identified on the specially Designated Nationals and Blocked Persons List maintained by the United States Department of the Treasury Office of Foreign Assets Control (“OFAC”) and/or on any other similar list maintained by OFAC pursuant to any authorizing statute, executive order or regulation, and (ii) you are not a person or entity with whom a citizen of the United States is prohibited to engage in transactions by any trade embargo, economic sanction, or other prohibition of United States law, regulation, or Executive Order of the President of the United States, (b) none of the Virtual Currency stored in any Wallet are the property of, or are beneficially owned by, directly or indirectly, any person, entity or government subject to trade restrictions under U.S. law, including but not limited to, the International Economic Powers Act, 50 U.S.C. § 1701 et seq., the Trading with the enemy Act, 50 U.S.C. App. 1 et seq. or any Executive Orders or regulations promulgated thereunder with the result that offering the Services to you is prohibited by law (“Embargoed Person”), (c) where you represent an entity, no Embargoed Person has any interest of any nature whatsoever in such entity (whether directly or indirectly), (d) none of the Virtual Currency in any of your Wallets has been derived from any unlawful activity with the result offering the Services to you is prohibited by law, and (e) you have implemented procedures, and will consistently apply those procedures, to ensure the foregoing representations and warranties remain true and correct at all times (the foregoing references to you or your users contained in clauses 3.1(a) through (e) above, the “Prohibited Users”).
4) DOGECHAIN USER ACCOUNT
a) Account Creation.
i) Creating your own User Account may require you to use multiple methods of authentication or verification.
ii) You agree and understand that you are solely responsible for managing and maintaining the security of any information relating to your login credentials, and your private keys, and agree that DogeChain will not be held responsible (and you will not hold us responsible) for any unauthorized access to the Services and/or your private keys, or any resulting harm you may suffer.
iii) You agree that you will not permit access to your login credentials and/or your private keys to any other party and will not hold DogeChain responsible for any actions taken by individuals unauthorized to access your User Account and/or your private keys.
i) By entering into this User Agreement, you understand and agree that any and all communications from DogeChain may be provided to you via electronic mail at the address you provided when creating your User Account. You agree and acknowledge that DogeChain shall not be responsible for any harm you may suffer as a result of your failure to receive any notice provided to you in connection with this User Agreement or your use of the Services so long as such notice is provided to the email address associated with your User Account.
ii) You further acknowledge and agree that DogeChain shall also be permitted to communicate with you through other methods including via telephone call or instant messaging or chat applications either operated by DogeChain or a third party.
iv) If you use any of the Notification Services, you acknowledge that the Notification Services are “self-configuration” services and that you are solely responsible for their proper configuration, including for testing to confirm that such Notification Services are properly configured. The Notification Services are provided for your convenience on an informational basis only, and should not be relied upon for monitoring the status of your Wallet or User Account. We do not guarantee that any notifications received via the Notification Services will be accurate or timely. We cannot verify or confirm that you have configured the Notification Services properly. The information provided by the Notification Services is public information made available through the Dogecoin blockchain and is provided without any representations or warranties whatsoever.
c) User Account Suspension or Termination
ii) You agree and understand that DogeChain reserves the right, in our sole discretion, to immediately suspend, freeze, or terminate your User Account in the event that you are suspected by us of having violated any provision of this User Agreement, believed to be in violation of Applicable Law, believed to be or have become a Prohibited User, or are believed to be involved in activities or conduct detrimental to DogeChain (including by continuing to use any version of the Services that DogeChain has indicated to you as being antiquated, deprecated, or no longer supported).
iii) Abandoned Virtual Currency. You acknowledge and agree that DogeChain Wallets are intended for use by knowledgeable users and developers to transact using Virtual Currency, and not intended for long-term storage of an individual’s Virtual Currency. Therefore, you acknowledge and agree that if you do not access the Services for at least twelve (12) months, DogeChain may consider your User Account abandoned and deactivate or suspend your User Account. In the event of a suspension or deletion for abandonment, DogeChain will not have access to any Virtual Currency in your Wallets, which will remain accessible only using your private keys, to which DogeChain does not have access.
iv) End-of-Life Technology. From time to time, DogeChain may upgrade the technology used to deliver the Services, including Wallets, for example, as new security technology becomes available. DogeChain may also remove certain features at its sole discretion from the Services and certain Wallets (e.g., due to performance reasons). Because only you have access to your passwords and private keys, DogeChain cannot migrate your Wallets to new Wallet implementations without your cooperation. Therefore, if any of the Wallets associated with your User Account are implemented with antiquated, deprecated, or unsupported (“End-of-Life”) technology, DogeChain reserves the right to use technological means to prevent you from transferring Virtual Currency into or out of such End-of-Life Wallets via the Website. In addition, DogeChain reserves the right to suspend or deactivate your User Account until receiving confirmation from you that you will transfer your Virtual Currency out of any End-of-Life Wallets. DogeChain may provide instructions for you to transfer of your Virtual Currency to new DogeChain Wallets or to an alternative service provider. For the avoidance of doubt, you may continue to use End-of-Life Wallets without use of the Services or your User Account by using your private keys, and any such use will be strictly at your own risk.
v) User Account Termination. If we terminate your User Account, we may provide you with instructions for alternative means to access and retrieve any Virtual Currency in your Wallet(s) that do not require our Services. You will still need your private keys to use these methods and we are not responsible for any loss of access to Virtual Currency, including due to loss of your private keys.
5) THE WALLET
i) The Wallet is provided to you exclusively by DogeChain. At no point will DogeChain ever take custody or control over Virtual Currency stored in your Wallet. The Wallet is only capable of supporting certain Virtual Currencies, which in the case of DogeChain Wallets, such Virtual Currency is Dogecoin. Under no circumstances should you attempt to store Virtual Currencies in your Wallet that the Wallet does not support.
ii) When you create a Wallet, the Wallet software generates cryptographic private key(s) that you may use to send and receive any supported Virtual Currency via the relevant Virtual Currency network. You are solely responsible for storing, outside of the Services, a backup of any Wallet, private key or transaction information that you maintain in your Wallet or otherwise with the Services. If you do not maintain a backup of your Wallet data outside of the Services, you will not be able to access Virtual Currency previously accessed using your Wallet in the event that we discontinue or no longer offer some or all of the Services or may otherwise lose access to Virtual Currency. We are not responsible for maintaining this data on your behalf.
iii) All transactions of Virtual Currency conducted through your Wallet are facilitated using cryptographic data known as “keys”. When your wallet is created, private keys known only to you are created that are used to facilitate transactions in and out of your Wallet. We do not have access to these private keys. These private keys are generated using client-side software that you use when you create your User Account (or as updated by you at a later time), and are encrypted using the password you select to access your Wallet. DogeChain cannot retrieve your private key(s) without your then current password.
b) Risk Disclosures Relating to the Wallet.
i) In order to be completed, any Virtual Currency transaction created with the Wallet must be confirmed and recorded in the Virtual Currency ledger associated with the relevant Virtual Currency network. Such networks are decentralized, peer-to-peer networks supported by independent third parties, which are not owned, controlled or operated by DogeChain.
ii) DogeChain has no control over any Virtual Currency network and therefore cannot and does not ensure that any transaction details you submit via our Services will be confirmed on the relevant Virtual Currency network. You agree and understand that the transaction details you submit via our Services may not be completed, or may be substantially delayed, by the Virtual Currency network used to process the transaction. We do not guarantee that the Wallet can transfer title or right in any Virtual Currency or make any representations or warranties whatsoever with regard to title.
iii) You understand that information submitted to and/or stored on Virtual Currency networks is disclosed to the public, and that such information is outside of the control of DogeChain. If you submit any personal information in relation to any transaction on a Virtual Currency network, such information may be impossible for either DogeChain or yourself to delete, so please do not submit any proprietary, personal, or confidential information into any Virtual Currency network.
iv) Once transaction details have been submitted to a Virtual Currency network, we cannot assist you to cancel or otherwise modify your transaction or transaction details. DogeChain has no control over any Virtual Currency network and does not have the ability to facilitate any cancellation or modification requests.
v) Forks. In the event of a Fork, DogeChain may not be able to support activity related to your Virtual Currency. You agree and understand that, in the event of a Fork, the transactions may not be completed, completed partially, incorrectly completed, or substantially delayed. DogeChain is not responsible for any loss incurred by you in caused in whole or in part, directly or indirectly, by a Fork.
c) No Password Retrieval.
i) With respect to the Wallet, DogeChain does not receive or store your password(s), network addresses, or transaction history (these are all received and processed by your device or the applicable Virtual Currency Network). We cannot assist you with the retrieval of your password. You are solely responsible for remembering, storing and keeping secret your password(s) and private key(s). Any Virtual Currency you have associated with such Wallet may become inaccessible if you do not know or keep secret the private key(s) associated with such Wallet. Any third party with knowledge of one or more of your credentials (including, without limitation, a private key, password, or multifactor authentication device) may be able to dispose of Virtual Currency in your Wallet.
ii) When you create a Wallet, you must: (a) create strong passwords that you do not use for any other website or online service; (b) protect and keep secret all credentials for the Wallet; (c) protect access to your device and your Wallet; and (d) use the backup functionality provided through the Wallet (e.g., exporting private keys) and safeguard your backup data. You agree to take responsibility for all activities that occur under your Wallet and accept all risks of any authorized or unauthorized access to your Wallet and/or your private keys, to the maximum extent permitted by law. Your password and multifactor authentication credentials are the only way we have of verifying your identity. Your private key(s) to your Wallet(s) are also the only way to authenticate transactions involving your Wallet(s). If you lose or otherwise leak either your login credentials or your private key(s), we will have no way of preventing unauthorized transactions through your User Account and/or Wallet(s).
iii) Your private key(s), once generated, are yours to maintain and remember, so please make sure you store them outside of the Services as we will be unable to assist you in retrieving them. You will lose access to any Virtual Currency in any Wallet secured by such private key(s).
DogeChain does not currently charge a fee for basic Wallet(s), receiving, sending or controlling Virtual Currency. However, network fees (including, without limitation “miner’s fees”) required to use a Virtual Currency network may apply to a transaction. These fees are not charged or collected by us. We may attempt to calculate such a fee for you. Our calculation may not be sufficient, or it may be excessive. DogeChain will neither advance nor fund such a fee on your behalf, nor be responsible for any excess or insufficient fee calculation.
6) GENERAL RISK FACTORS
a) You agree and understand that there are risks associated with utilizing Services involving Virtual Currencies including, but not limited to, the risk of failure of hardware, software and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Wallet, including, but not limited to your password(s). You agree and understand that DogeChain will not be responsible for any communication failures, disruptions, errors, data loss, distortions or delays you may experience when using the Services, however caused. We are not responsible, and you are solely responsible for, the maintenance and security of your own computer systems, networking equipment, Internet connection, browser software, and access credentials (including, without limitation, passwords, wallet IDs, multifactor authentication codes and secrets, and private keys).
b) You accept and acknowledge that there are risks associated with utilizing any virtual currency or cryptocurrency network, including, but not limited to, the risk of unknown vulnerabilities in or unanticipated changes to the network protocol. You acknowledge and accept that DogeChain has no control over any virtual currency or cryptocurrency network and will not be responsible for any harm occurring as a result of such risks, including, but not limited to, the inability to reverse a transaction, and any losses in connection therewith due to erroneous or fraudulent actions.
c) The risk of loss in using Services involving Virtual Currencies may be substantial and losses may occur over a short period of time. In addition, price and liquidity are subject to significant fluctuations that may be unpredictable.
d) Virtual Currencies are not legal tender and are not backed by any sovereign government. In addition, the legislative and regulatory landscape around Virtual Currencies is constantly changing and may affect your ability to use, transfer, or exchange Virtual Currencies.
7) GENERAL PROVISIONS
a) Intellectual Property.
i) Unless otherwise indicated by us, all intellectual property rights and any content provided in connection with our Services, are the property of DogeChain or our licensors or suppliers and are protected by applicable intellectual property laws. We do not give any implied license for the use of the contents of the Services.
ii) You acknowledge and agree that the material and content contained through our Services is made available for your personal and lawful use only and that you may only use such material and content for the purpose of using the Services.
iii) You further acknowledge and agree that any other use of content from the Services is strictly prohibited and you agree not to infringe or enable others to infringe our intellectual property rights. You agree to retain all copyrighted and other proprietary notices contained in the material provided via our Services on any copy you make of the material but failing to do so shall not prejudice DogeChain’s intellectual property rights therein.
iv) You may not sell or modify materials derived or created from our Services or reproduce, display, publicly perform, distribute or otherwise use the materials in any way for any public or commercial purpose. Your use of the materials on any other website or on a file-sharing or similar service for any purpose is strictly prohibited. You may not copy any material or content derived or created from our Services without our express, written permission.
v) Any rights not expressly granted herein to use the materials contained on or through our Services are reserved by DogeChain in full.
vi) Trademark and Domain Name Protection.
The Website and the Services contain trademarks, trade names, trade dress, service marks, domain names or other indicia of ownership (collectively the “Marks”) owned or licensed for use by DogeChain. Your use of the Services does not give you any right, license, permission, or interest of any kind in or to the Marks. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and you shall not encourage or assist others directly or indirectly to do so, during the term of this User Agreement and thereafter. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or Services without our express written consent. You may not use any meta tags or any other “hidden text” utilizing DogeChain’s name or Marks without the express written consent of DogeChain. You shall not use or register any domain name that is identical to or similar to any of the Marks.
b) Accuracy of Information.
i) You agree and understand that we make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents of the Services, information and functions made accessible through the Services, any hyperlinks to third party websites, or the security associated with the transmission of information through the Services, or any website linked to the Services. You agree that you will independently verify all information before relying on it, and any decisions or actions taken based on such information are your sole responsibility.
c) Third Party Services and Content.
i) In using the Services, you may view content or services provided by third parties, including links to web pages and services of such parties (“Third Party Content”). We do not control, endorse or adopt any Third Party Content and have no responsibility for Third Party Content including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction. In addition, your dealings or correspondence with such third parties are solely between you and the third party.
ii) You agree and understand that we are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and your use of Third Party Content is at your own risk.
d) Cooperation with Law Enforcement.
DogeChain may, from time-to-time, respond to requests from law enforcement, regulators and policymakers by producing certain information about or relating to your use of the Services.
You agree and understand that DogeChain reserves the right, in our sole discretion, to create and maintain certain records of your activity and communications relating to your User Account.
If you send or transmit any communications or materials to DogeChain by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), DogeChain has the right to use such Feedback at its sole discretion. Feedback shall be deemed to be non-confidential and non-proprietary. You shall and hereby do assign to DogeChain all of your right, title, and interest in and to, and DogeChain is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in any Feedback you submit, for any purpose whatsoever. To the extent that any of the rights, title, and interest in and to any Feedback cannot be assigned by you to DogeChain, you hereby grant to DogeChain an exclusive, royalty-free, transferable, irrevocable, worldwide, fully paid-up license (with rights to sublicense through multiple tiers of sublicensees) to fully use, practice, and exploit those non-assignable rights, title, and interest, including, but not limited to the right to make, use, sell, offer for sale, import, have made, and have sold, products or services based on the Feedback.
8) Technical Support and Dispute Resolution
a) Technical Support.
You acknowledge and agree that Dogechain Services are provided “as-is” without any representations or warranties, express or implied, and without commitment to provide any kind of support services by Block.io.
YOU HEREBY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING NOW OR IN THE FUTURE UNDER OR RELATING IN ANY WAY TO THIS AGREEMENT, OR TO THE SERVICES, REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), SHALL BE RESOLVED BY BINDING ARBITRATION (EXCEPT THAT DOGECHAIN MAY BRING AN ACTION IN ANY COURT OF COMPETENT JURISDICTION TO OBTAIN EQUITABLE RELIEF RELATING TO THE INFRINGEMENT, MISUSE, OR MISAPPROPRIATION OF OUR INTELLECTUAL PROPERTY CONTENT OR TO COLLECT OUR FEES). CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU HEREBY AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN ARBITRATION OR IN COURT BEFORE EITHER A JUDGE OR JURY.
This binding arbitration provision applies to any and all claims that you have against us, our affiliates, successors, assigns, and against all of their respective employees, agents, or assigns; it also includes any and all claims regarding the applicability of this arbitration clause or the validity of the Agreement, in whole or in part. It is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. sections 1-16, as it may be amended.
The party filing a claim in arbitration must file its claim before the American Arbitration Association under the rules of such arbitration administrator in effect at the time the claim was filed. Rules and forms may be obtained from, and claims made may be filed with the American Arbitration Association, (800-778-7879 or www.adr.org). Arbitration hearings shall be held in San Francisco, California before one arbitrator, unless the amount in dispute is under ten thousand dollars ($10,000.00) in which case arbitration may be conducted by telephone, online and/or be solely based on written submissions. Judgment upon any arbitration award may be entered in any court having jurisdiction.
The arbitration agreement shall survive: (i) termination or changes in the User Agreement, and the relationship between you and us concerning the User Agreement; and (ii) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.
9) REPRESENTATIONS AND WARRANTIES, INDEMNIFICATION, AND LIMITATION OF LIABILITY
a) Acceptable Use of DogeChain Services.
When accessing or using the Services, you agree that you are solely responsible for your conduct, and the conduct of any of your Personnel, while accessing and using our Services. Without limiting the generality of the foregoing, you agree that you will not:
i) Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
ii) Use the Services to pay for, support or otherwise engage in any illegal activities, including, but not limited to illegal gambling, fraud, money laundering, or terrorist activities;
iii) Use, or attempt to use, the Services in any way contrary to the terms of this User Agreement;
iv) Access or use the Services using automated means (e.g., third party software, crawlers, robots, bots, scrapers, browser plug-ins, browser extensions, or add-ons) or for benchmarking or any other competitive purposes;
v) Use or attempt to use another user’s Wallet or credentials without authorization;
vi) Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
vii) Introduce to the Services any virus, Trojan, worms, logic bombs or other harmful material;
viii) Develop any third-party applications that interact with our Services without our prior written consent;
ix) Provide false, inaccurate, or misleading information; or
x) Encourage or induce any other person to engage in any of the activities prohibited under this Section.
10) Disclaimer of Warranties
a) THE DOGECHAIN SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
b) We make no warranty that Services are free of viruses or errors, that its content is accurate, that it will be uninterrupted, or that defects will be corrected. We will not be responsible or liable to you for any loss of any kind, from action taken, or taken in reliance on material, or information, contained on or through our Services.
11) Limitation of Liability
a) IN NO EVENT SHALL DOGECHAIN, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF DOGECHAIN HAS BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FOR EXAMPLE (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES WILL WE BE REQUIRED TO DELIVER TO YOU ANY VIRTUAL CURRENCY AS DAMAGES, SPECIFIC PERFORMANCE OR ANY OTHER REMEDY. You specifically acknowledge and agree that DogeChain cannot transfer any Virtual Currency in your User Account(s) and Wallet(s) without your secret information which DogeChain cannot access, and that DogeChain does not have any control over any Virtual Currency network. Therefore you acknowledge and agree that DogeChain has no liability whatsoever with regard to any transaction of Virtual Currency involving your User Account(s) and Wallet(s) or your lack of access to your User Account(s) or Wallet(s).
b) We will not be responsible or liable to you for any loss and take no responsibility for damages or claims arising in whole or in part, directly or indirectly from: (a) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped Virtual Currency addresses; (b) server failure or data loss; (c) corrupted or otherwise non-performing Wallets or Wallet files; (d) unauthorized access to applications; (e) any unauthorized activities, including without limitation the use of hacking, viruses, phishing, brute forcing or other means of attack against the Services. In consideration for DogeChain entering into this User Agreement and providing the Services, you, on behalf of yourself and your successors and assigns, hereby knowingly, voluntarily, absolutely, unconditionally, absolutely, and irrevocably, release and discharge DogeChain, its successors, assigns, officers, directors, employees, agents, and representatives, past and present (“Released Parties”), from any and all claims, losses, actions, causes of action, demands, damages, or other liabilities of whatever kind or nature, in law or in equity, now known or unknown, suspected or unsuspected (“Claims”) arising in whole or in part, directly or indirectly from your use of the Services, Wallet(s) or otherwise under this User Agreement, including, without limitation losses due to subsections (a)-(e) of this Section 11.2. You additionally covenant and agree that you will not sue (at law, in equity, in any regulatory proceeding, or otherwise) Released Parties on the basis of any such Claims.
i) Section 1542 Waiver: The Parties and their representatives acknowledge that they have been advised by or have had the opportunity to be advised by legal counsel and are familiar with the provisions of California Civil Code section 1542 and expressly waive the provisions of such, which provides as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
c) Notwithstanding anything to the contrary in this Agreement, DogeChain’s liability to you for any action relating to the Services, regardless of the form of the claim or controversy, shall not exceed U.S. $100. Under no circumstances shall any such claim be brought against DogeChain more than thirty (30) days after the events giving rise to such claim. You acknowledge and agree that the foregoing limitation of liability is fundamental to the allocation of risk between the you and DogeChain in entering into this Agreement and providing the Services.
a) You agree to indemnify and hold harmless DogeChain, its affiliates, subsidiaries, directors, managers, members, officers, and employees from any and all claims, demands, actions, damages, losses, costs or expenses, including without limitation, reasonable legal fees, arising out of or relating to your or any other person’s use of your credentials or User Account in connection with: (a) use of the Services; (b) breach of this User Agreement or any other policy; (c) feedback or submissions you provide; or (d) violation of any rights of any other person or entity; provided however, that you shall not indemnify DogeChain for claims or losses arising out of DogeChain’s gross negligence or willful misconduct. This indemnity shall apply to your successors and assigns and will survive any termination or cancellation of this User Agreement.
b) Any and all of our indemnities, warranties, and limitations of liability (whether express or implied) are hereby excluded to the fullest extent permitted under law except as set forth herein. We will not be liable, in contract, or tort (including, without limitation, negligence), other than where we have been fraudulent or made knowing misrepresentations. Nothing in this User Agreement excludes or limits liability which may not be limited or excluded under law.
a) Force Majeure.
If by reason in whole or in part of any Force Majeure Event, DogeChain is delayed or prevented from complying with this User Agreement, then such delay or non-compliance shall not be deemed to be a breach of this User Agreement and no loss or damage shall be claimed by you by reason thereof. “Force Majeure Event” means any event beyond DogeChain’s reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction including network splits or Forks or unexpected changes in a computer network upon which the Services rely, and any other similar or dissimilar events.
It is your responsibility to determine what, if any, taxes apply due to your use of DogeChain Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that DogeChain is not responsible for determining whether taxes apply to your Virtual Currency transactions or for collecting, reporting, withholding or remitting any taxes arising from any virtual currency transactions.
c) Governing Law and Venue.
This User Agreement and your use of the Services shall be governed by the laws of the State of California, without regard to its conflict of laws principles. Exclusive venue for any dispute that cannot be submitted to arbitration as required by Section 8.2 shall be in any court of competent jurisdiction in San Francisco County, California.
If any part of this User Agreement is held to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of this User Agreement shall not be affected. Any headings contained in this User Agreement are for informational purposes only and are not enforceable provisions of this User Agreement.
This User Agreement shall be binding on your successors, heirs, personal representatives, and assigns. You may not assign or transfer any of your rights or obligations under this User Agreement without prior written consent of DogeChain, which may be withheld in DogeChain’s sole discretion. We may assign rights or delegate duties under this User Agreement to an affiliate or subsidiary in our sole discretion.
f) Relationship of the Parties.
Nothing in this User Agreement is intended to, nor shall create any partnership, joint venture, agency, consultancy or trusteeship. You and DogeChain are independent contractors for purposes of this User Agreement.
g) Entire Agreement.
This User Agreement constitutes the entire agreement among the Parties with respect to the subject matter described herein and shall supersede all prior agreements and understandings, written or oral, among the Parties. Subsequent discussions or negotiations between you and DogeChain will only become part of this User Agreement by way of a written amendment specifically referencing the date and name of this User Agreement.
h) Contact Information.
For providing us with formal notice under this User Agreement, you may contact us by registered post or courier: Block.io, Inc., 95 Third St, 2nd Floor, San Francisco, CA 94103. For the avoidance of doubt, Block.io will not respond to DogeChain related technical support requests.