These Terms of Use (“Terms”) govern use of the SundaeSwap Governance Forum at http://forum.sundaeswap.finance. To use the Forum, you must agree to these Terms with SundaeSwap Labs, Inc., the company that operates the Forum.

Important Terms

These Terms include a number of important provisions that affect your legal rights and responsibilities; please read them carefully. These include the Disclaimers, Limits on Liability, Responsibility for Your Use, and Disputes. The Disputes provision contains an arbitration clause and class action waiver applicable to how any disputes are resolved; by accepting these Terms, you agree to be bound by the Disputes provision.

Conditions for Use of the Forum

Your permission to use the Forum is subject to the following conditions: (1) You must be at least eighteen years old; (2) You may no longer use the Forum if an appointed moderator contacts you and directs that you cease use; and (3) You must use the Forum in accordance with Acceptable Use and Content Standards stated below.

Acceptable Use

  1. You may not break any applicable laws, rules or regulations by your use of the Forum.
  2. You may not use or try to use another’s account on the Forum without their specific permission.
  3. You may not buy, sell, or otherwise trade in usernames or other unique identifiers on the Forum.
  4. You may not send commercial advertisements, help requests, or other solicitations through the forum, or use the Forum to gather addresses or other personal data for commercial purposes.
  5. You may not automate access to the Forum, or monitor the Forum, such as with a web crawler, browser plug-in or add-on, or another computer program that is not a web browser. You may crawl the Forum to index it for a publicly available search engine, if you run one.
  6. You may not use the Forum to send e-mail to distribution lists, newsgroups, or group mail aliases.
  7. You may not falsely imply that you’re affiliated with or endorsed by SundaeSwap Labs, Inc.
  8. You may not hyperlink to images or other non-hypertext content on the Forum on other webpages.
  9. You may not remove any marks showing proprietary ownership from materials you download from the Forum.
  10. You may not use manual or automated software, devices, scripts, redirects, robots, other means or processes to access, “frame,” “mirror,” “scrape,” “crawl” or “spider” any part of the Forum.
  11. You may not disable, avoid, or circumvent any security or access restrictions of the Forum.
  12. You may not strain infrastructure of the Forum with an unreasonable volume of requests, or requests designed to impose an unreasonable load on information systems underlying the Forum.
  13. You may not impersonate others through the Forum.
  14. You may not aid or abet anyone in violation of these Terms.

Content Standards

  1. You may not submit content to the Forum that is illegal, offensive, or otherwise harmful to others. This includes content that is harassing, inappropriate, or abusive.
  2. You may not submit content to the Forum that violates the law, infringes anyone’s intellectual property rights, violates anyone’s privacy, or breaches agreements you have with others.
  3. You may not submit content to the Forum containing malicious computer code, such as computer viruses or spyware.
  4. You may not submit content to the Forum as a mere placeholder, to hold a particular address, user name, or other unique identifier.
  5. You may not use the Forum to disclose information that you don’t have the right to disclose, like others’ confidential or personal information.

Enforcement

Forum Moderators and/or SundaeSwap Labs, Inc. may investigate violations of these Terms and enforce them, including by restricting or denying access to you to the Forum. SundaeSwap Labs Inc. may prosecute violations to the full extent of the law, and notify and cooperate with law enforcement authorities in prosecuting violations of the law and these Terms.

SundaeSwap Labs Inc. reserves the right to change, redact, and delete content on the Forum for any reason. If you believe someone has submitted content to the Forum in violation of these Terms, please contact us immediately by emailing support@sundaeswap.finance and flag the post.

Your Account

You must create and log into an account to use some features of the Forum.

To create an account, you agree to provide, at a minimum, a valid e-mail address, and to keep that address up-to-date. You may close your account at any time by deleting your account (currently under ‘Account’ and then ‘Preferences.’) .

You agree that you are responsible for all actions taken using your account, whether authorized by you or not. You agree to notify SundaeSwap Labs Inc. immediately if you suspect your account has been compromised. You agree to select a secure password for your account, and to keep it secure.

Your Content

Nothing in these Terms gives SundaeSwap Labs Inc. any ownership rights in intellectual property that you share with the Forum, such as your account information, posts, or other content you submit to the Forum.

You agree that you are solely responsible for content submitted to the Forum by or through your account. These Terms do not obligate SundaeSwap Labs Inc.to store, maintain, or provide copies of content you submit, and to change it, according to these Terms.

You hereby give SundaeSwap Labs, Inc. a perpetual, worldwide, royalty free license to your content to publish it on the Forum and to other users of the Forum, as well as the rights to copy, publish, edit and analyze any content you submit to the Forum.

Other licenses you apply to content you submit, such as Creative Commons licenses, may also apply.

Indemnification

You agree to indemnify SundaeSwap Labs, Inc. and its agents, employees and contractors (the “Indemnitees”) from legal claims by third parties related to your breach of these Terms, or breach of these Terms by others using your account on the Forum. Both you and SundaeSwap Labs, Inc. agree to notify the other side of any legal claims for which you might have to indemnify an Indemnitee as soon as possible. You agree to allow the company to control the investigation, defense, and settlement of any such third party claims, and to cooperate fully.

Disclaimers

You accept all risk of using the Forum and content on the Forum. As far as the law allows, Sundae Swap Labs Inc. and its agents, employees, contractors and suppliers provide the Forum as is, without any warranty whatsoever. The Forum may hyperlink to and/or integrate the Forum with services run by others. SundaeSwap Labs, Inc. does not make any warranty about services run by others, or content they may provide. Use of services run by others may be governed by other terms between you and the one running service.

Limits on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE FORUM REMAINS WITH YOU. NEITHER SUNDAESWAP LABS, INC. NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERYING THE FORUM WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE FORUM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUNDAESWAP LABS, INC. HAS BEEN INFORMED OF THE POSSBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.As far as the law allows, the total liability to you for claims of any kind that are related to the Forum or content on the Forum will be limited to $50.

Feedback

SundaeSwap Labs, Inc. welcomes your feedback and suggestions for the Forum. You agree that SundaeSwap Labs, Inc. will be free to act on feedback and suggestions you provide, and that SundaeSwap Labs, Inc. won’t have to notify you that your feedback was used, get your permission to use it, or pay you. You agree not to submit feedback or suggestions that you believe might be confidential or proprietary, to you or others.

Termination

Either you or SundaeSwap Labs, Inc. may end the agreement written out in these Terms at any time. When our agreement ends, your permission to use the Forum also ends. The following provisions survive the end of our agreement: Your Content, Feedback, Your Responsibility, Disclaimers, Limits on Liability, and General Terms.

Disputes

Wyoming Law will govern any dispute related to these Terms or your use of the Forum. You and SundaeSwap Labs Inc. agree to seek injunctions related to these Terms only in state or federal court in Cheyenne, Wyoming. Neither you nor SundaeSwap Labs Inc. will object to jurisdiction, forum, or venue in those courts.

Other than to seek an injunction or for claims under the Computer Fraud and Abuse Act, you and SundaeSwap Labs, Inc. will resolve any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Forum (collectively, “Disputes”) by binding arbitration conducted by the American Arbitration Association under the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes. The AAA Rules are available at www.adr.org/ or by calling 1-800-778-7879. Arbitration will happen by video conference unless the parties agree to an in-person arbitration in Cheyenne, Wyoming. You acknowledge and agree that you and SundaeSwap Labs, Inc. are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and SundaeSwap Labs. Inc. otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

Any arbitration award will include costs of the arbitration, reasonable attorneys’ fees, and reasonable costs for witnesses. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limits on Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

General Terms

If a provision of these Terms is unenforceable as written, but could be changed to make it enforceable, that provision should be modified to the minimum extent necessary to make it enforceable. Otherwise, that provision should be removed.

You may not assign your rights or obligations under these Terms. SundaeSwap Labs, Inc. may assign your agreement with these Terms to any affiliate of SundaeSwap Labs, Inc., any other company that obtains majority control of SundaeSwap Labs, Inc., or any other company that buys assets of SundaeSwap Labs, Inc.related to the Forum. Any attempted assignment against these Terms has no legal effect.

Neither the exercise of any right under this Agreement, nor waiver of any breach of this Agreement, waives any other breach of this Agreement. These Terms embody all the terms of agreement between you and SundaeSwap Labs, Inc. regarding or relating to use of the Forum…

Contact

You may notify, and send questions to SundaeSwap Labs Inc. at support@sundaeswap.finance. SundaeSwap Labs Inc. may notify you under these Terms using the e-mail address you provide for your account on the Forum, by posting a message to the homepage of the Forum, or your account page.

Changes

SundaeSwap Labs, Inc. last updated these Terms on the date stated and may update these Terms at any time. Any updates will be shared with you by posting to the Forum or by emailing you. SundaeSwap Labs, Inc. may also announce updates with special messages or alerts on the Forum.

Civil Code Section 1789.3 Notice

Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210.