1. Introduction
These Terms of Use provide the terms and conditions under which you, whether personally or on behalf of an entity ("you" or "your"), are permitted to use, interact with or otherwise access the Interfaces or Features provided by HISITE RADIO LIMITED PARTNERSHIP ("the Company," "we," "us," or "our"). These Terms of Use, together with any documents and additional terms or policies that are appended hereto or that expressly incorporate these Terms of Use by reference as well as our Privacy Policy (collectively, the "Terms"), constitute a binding agreement between you and us.
These Terms are applicable to (i) all content, informational functionality, and information features (the "Content Features") available on oddsforge.org (the "Site") and any other site to which the Terms are posted (each, as applicable, an "Interface") and (ii) software, including but not limited to the blockchain-based, smart contract protocol (the "Protocol") known as OddsForge (hereinafter, the "Platform"), that may be available to users by connecting their self-hosted wallets via an Interface, including but not limited to the Site (the "Technology Features" and together with the Content Features, the "Features").
The Site primarily functions to provide the Content Features — that is, news and information about global current events. If you are in a Restricted Jurisdiction (as defined below), you are only permitted to use the Content Features on the Site or any other Interface and may not use the Site or any other Interface for any other purpose and you may not access the Technology Features, including and in particular the Platform.
2. The Site and Features
Description of the Site and Features
The Site contains different functionality — one part provides information about global news and events (the "Information Site"), while another part contains a feature that allows users to send messages to the BNB Smart Chain (BSC) blockchain network in an entirely self-directed manner in order to engage in trades for certain event-based contracts (the "Contracts").
The pricing information provided on the Site relating to Contracts does not represent an offer, a solicitation of an offer, or any advice regarding, or recommendation to enter into, a transaction with the Company.
Even when the Site appears to be dynamic (e.g., updating or providing new displays), at no time is the Company taking action directed by you or on your behalf. If you click the "Connect Wallet" feature on the Site such that your self-hosted cryptocurrency wallet ("Wallet") is able to provide information to be transmitted to a blockchain network, you should note that the Company (i) is not involved in providing or transmitting any such information to networks, (ii) cannot transmit any information to networks or otherwise assist in any transaction, (iii) never has access to and cannot control or provide guarantees relating to your Wallet and (iv) has no authority over and does not take possession or custody of your cryptoassets at any time, except as otherwise discussed herein.
You are solely responsible for familiarizing yourself with your Wallet and its safety and security features, including any private keys and passwords associated therewith. We will not and cannot access your private key, password, or any cryptoassets held within your Wallet nor can we reverse any transactions you initiate with your Wallet. We cannot be responsible or liable in any way for how you use your Wallet.
You should also familiarize yourself with the risks associated with transacting on blockchain networks, including but not limited to smart contract vulnerabilities, front end vulnerabilities, hacks, phishing attacks, social engineering attacks, cryptoasset volatility and transaction irreversibility.
The Company does not own or control the Protocol or the BNB Smart Chain blockchain network on which the Protocol has been deployed. The Company is not responsible for the operation of the underlying BNB Smart Chain blockchain network, and makes no guarantee of the network's functionality, security, or availability. All transactions broadcast to the applicable blockchain network via your Wallet may require the payment of non-refundable network transaction fees (gas), which shall be borne entirely by you.
We do not effectuate, facilitate or control any transactions initiated via the Platform, and the Company will not be responsible for the result of any transactions, including but not limited to failed, inadvertent, or fraudulent transactions that may result in loss of funds or transaction fees or any other loss or harm to you.
Your Acknowledgement Relating to the Site
You hereby acknowledge and agree that all information provided as part of the Content Features in connection with your access and use of the Site is intended for informational purposes only. The Site strives to provide accurate information, but there is no guarantee or warranty that the information is updated, complete, or timely.
From time to time the Site, any other Interface or the Features may be inaccessible or inoperable for any reason, including: (A) equipment malfunctions; (B) periodic maintenance procedures or repairs; (C) causes beyond the Company's control; (D) disruptions and temporary or permanent unavailability of underlying blockchain infrastructure; or (E) unavailability of third-party service providers.
None of the information provided on the Site or through the Features should be construed as professional or investment advice. You should not take, or refrain from taking, any action based on any information contained on the Site. Before you make any financial, legal, or other decisions involving the Features, you should seek independent professional advice. The Terms are not intended to, and do not, create or impose any fiduciary duties on us.
Neither the Company is acting as an investment adviser, trading, tax, legal or other adviser to any person or entity.
3. Modifications
To The Terms
We reserve the right, in our sole discretion, to modify the Terms at any time or from time to time. The modified Terms will be posted on the Site and will provide the last updated date at the top. Any modified Terms will become effective upon posting. By continuing to access, use or otherwise interact with any Interface or Feature after the effective date of any modification to the Terms, you are providing your explicit agreement to be bound by the Terms as modified.
To the Site or Features
We reserve the right, in our sole discretion, to modify, substitute, eliminate, restrict access to, or add to the Site or any Feature at any time and from time to time, with or without notice to you. We may, at our sole discretion, from time to time and with or without prior notice to you, modify, suspend or disable (temporarily or permanently) the Site or the Features, in whole or in part, for any reason whatsoever. We will not be liable for any losses suffered by you resulting from any modification to any Site or Features or from any modification, suspension, or termination, for any reason, of your access to all or any portion of the Site or the Features.
4. Your Responsibilities, Representations & Prohibited Conduct
Your Representations
As a condition to accessing or using the Site or the Features, you represent and warrant to the Company the following:
- Of Age and Legal Authority. The Site and Features are intended only for users who are 18 years of age or older. If you are entering into the Terms on behalf of an entity, you represent that you have the legal authority to bind such entity.
- Sanctions. You represent and warrant that you are not, and for the duration of your use will not be (i) the subject of economic or trade sanctions administered or enforced by any governmental authority; (ii) in contravention of any anti-money laundering or terrorist financing laws; (iii) included on any list of prohibited or restricted parties maintained by OFAC, EU or UK regulations; or (iv) operationally based or domiciled in a sanctioned country or territory.
- Restricted Jurisdictions. You acknowledge and agree that you are not permitted to access, use or trade with the Contracts on the Platform if you are residing in, a citizen of, organized in or located in any Restricted Jurisdiction (as defined below).
- Wallet Configuration. You represent and warrant that you are solely responsible for properly configuring and using the Site and Features, and for securing your data, including financial or token information and private keys.
- No VPN To Circumvent. You do not, and will not, use VPN software or any other privacy or anonymization tools to circumvent or attempt to circumvent any restrictions that apply to the Site or Features.
- Sophistication. You represent and warrant that you possess sufficient knowledge, market sophistication, professional advice, experience and skills to engage with the Site and Features, and that you have the requisite understanding of blockchain technology, cryptoassets and cryptography.
- Applicable Law. Your access to the Site and Features does not violate or assist you to violate any applicable domestic or foreign law, rule, statute, regulation, or other directive ("Applicable Laws"). You will comply with all Applicable Laws, and you will not use the Site or Features if the laws of your country prohibit you from doing so.
- Financial Risks. Use of the Features, in particular entering into Contracts on the Platform, may carry financial risk. Contracts are inherently risky by their nature and participation could result in the loss of the full amount supplied. Transactions are irreversible, final and there are no refunds. By using the Platform to trade and enter into Contracts, you can lose up to the entire amount of the cryptoassets supplied to the Contract.
- Contract Resolution. You acknowledge and understand that all Contracts displayed on the Platform are resolved by the platform administrators based on verified data from official sources (such as ESPN for sports, CoinGecko for crypto), in accordance with a Contract's pre-defined rules. You acknowledge and agree that the Company is not responsible for any disputes related to the resolution of any Contracts.
Restricted Jurisdictions
The following jurisdictions are considered "Restricted Jurisdictions": a jurisdiction or territory that is the subject of comprehensive economic sanctions by the United States, including but not limited to Iran, Syria, Cuba, North Korea, and the Crimea, Donetsk and Luhansk regions of Ukraine; the United States, United Kingdom, France, Ontario, Singapore, Poland, Netherlands, or Taiwan.
Prohibited Conduct
You agree to access, use or otherwise interact with the Site and Features only in an authorized, proper and appropriate manner. You agree that you will not:
- Violate any applicable laws or regulations through your access to or use of the Site or the Features;
- Violate the Terms;
- Exploit the Site or Features for any unauthorized purpose;
- Circumvent or attempt to circumvent any content-filtering techniques, security measures or access controls, including through the use of a VPN;
- Provide false, inaccurate, or misleading information while using the Site or Features;
- Harvest or otherwise collect information from the Site or Features for any unauthorized purpose;
- Engage in activity that violates the integrity of trading, including but not limited to: (i) any fraudulent act or scheme; (ii) front-running; (iii) fraudulent trading; (iv) fictitious transactions; (v) pre-arranged or non-competitive transactions; (vi) cornering or attempted cornering; (vii) wash trading; (viii) manipulation; (ix) spoofing; (x) knowingly making any bid or offer for the purpose of making a market price that does not reflect the true state of the market; or (xi) any other trading activity that, in our reasonable judgment, is abusive, improper or disruptive;
- Use the Site or Features in any manner that could disable, overburden, damage, or impair the Site or Features;
- Use the Site or Features in any way that is libelous, defamatory, profane, obscene, harassing, threatening, offensive, discriminatory, abusive, inflammatory, fraudulent, or deceptive;
- Reverse engineer, disassemble, or decompile the Interfaces or Features;
- Use any data mining tools, robots, crawlers, or similar tools to scrape data from the Site or Features;
- Introduce any viruses, trojan horses, worms, logic bombs, or other malicious material;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or Features;
- Attack the Site or Features via a denial-of-service attack or distributed denial-of-service attack.
We reserve the right, in our sole discretion, to (i) terminate your access to the Site and/or Features, (ii) prohibit you from participating in any reward or incentive programs, and (iii) take any other action the Company deems reasonable or necessary to rectify prohibited conduct.
You acknowledge and agree that using the Site and/or Features may result in tax consequences. It is your sole responsibility to determine any tax consequences and ensure compliance with applicable tax laws.
5. Intellectual Property Rights
Ownership & License
The Company or its licensors own all right, title, and interest, including all intellectual property rights, in and to the Site and Features, including any related content and technology. Subject to the Terms, the Company hereby grants you a personal, limited, revocable, non-exclusive, non-sublicensable, non-transferable license to use the Site and Features. This license is solely intended to allow you to access, use or otherwise interact with the Site and Features.
Reciprocal License
By using the Site or any Feature, you grant us a limited, non-exclusive, sublicensable, worldwide, royalty free license to use, copy, modify and display any content or Feedback you provide to us or that you post on or through the Site or Features solely for our business purposes, including but not limited to the purpose of providing the Site or Features.
Feedback
You may provide feedback to us or otherwise submit questions and inquiries through the Interfaces ("Feedback"). You acknowledge and agree that we will own all right, title, and interest in and to all Feedback you submit.
6. Third Party Information or Services
The Site and Features may be integrated with or give access to applications, services, sites, technology, data, and resources provided by third parties ("Third Party Services"). If the Site contains links to Third Party Services, they are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Your use of any Third Party Services is directly between you and that third party, and you acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any Third Party Services. The integration or inclusion of such Third Party Services does not imply an endorsement or recommendation.
7. Indemnification
You agree to defend, indemnify, and hold harmless us and our licensors, and each of their respective employees, officers, directors, and representatives (collectively, the "Company Parties") from and against all liability for monetary damages, contractual claims, economic loss, fines, penalties, and any other injury, damage, or harm, including reasonable attorney's fees ("Damages") arising out of or relating to:
- Your use of the Interfaces or Features;
- Breach of the Terms or violation of applicable law by you;
- A dispute between you and any third party;
- Your alleged or actual infringement of any third party's intellectual property rights; and
- Your Feedback.
If you are obligated to indemnify us, you agree that we will have the right, in our sole discretion, to control any action or proceeding and to determine whether we wish to settle, and you agree to fully cooperate with us.
8. Disclaimers and Limitations of Liability
Site and Features
By accessing the Site or Features, you hereby acknowledge and agree that the Company cannot and does not guarantee the functionality, security, or availability of the Site or Features. The technologies on which the Site and Features rely may be subject to sudden changes and we cannot guarantee that your access will be uninterrupted or error free or that your cryptoassets will be secure at all times. You assume all risks related thereto.
9. Governing Law, Dispute Resolution and Class Action Waiver
Governing Law
These Terms and any action related thereto will be governed by the laws of Thailand, without regard to its conflict of laws provisions. Except as otherwise expressly set forth below, the exclusive jurisdiction for all disputes will be the courts located in Thailand, and you and the Company each waive any objection to jurisdiction and venue in such courts.
Dispute Resolution
Prior to commencing any legal proceeding against us of any kind, including an arbitration, you and we agree that we will attempt to resolve any claim by engaging in good faith negotiations. Such negotiations require that the aggrieved party provide a written notice to the other party specifying the nature and details of the dispute (the "Initial Notice"). The party receiving such notice shall have twenty (20) days to respond, and within forty-five (45) days after the Initial Notice, the parties shall meet and confer in good faith. If the parties are unable to resolve the dispute within ninety (90) days, either party may submit to arbitration.
Mandatory Arbitration
Any dispute, claim or controversy arising out of or relating to the Terms, Interfaces or Features, or the breach, termination, enforcement, interpretation or validity thereof will be determined by arbitration in Thailand before one arbitrator. This clause will not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
10. General Terms
Entire Agreement
The Terms, including any policies that expressly incorporate the Terms by reference, constitute the entire agreement between you and us regarding the subject matter herein. The Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal.
No Relationships or Assignments
Nothing in the Terms shall be construed to create any relationship between you and us other than as defined herein. You agree that you are not permitted to assign or otherwise transfer any of your rights and obligations under the Terms, but the Company may assign or transfer the Terms, in whole or in part, without restriction.
Waiver
The failure by us to enforce any provision of the Terms will not constitute a present or future waiver of such provision. All waivers by us must be in writing to be effective.
Severability
If any portion of the Terms are held to be invalid or unenforceable, the remaining portions will remain in full force and effect.
Remedies
Any right or remedy of the Company set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under applicable law, at law, or in equity.
Contact Us
You may contact us with questions, complaints, or claims concerning the Features at [email protected].
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