Terms Of Use
Terms Of Use
Welcome to ONCHAMON, the non-custodial wallet and gateway to the world of Game BlockChain. Please take the time to carefully read our Terms of Service (“Terms”), as they constitute a binding contract between you and ONCHAMON and ONCHAMON .
Throughout these Terms, "ONCHAMON", "we", "our" or "us" refer to ONCHAMON, while "you", "your", "customer" or "user" refer to the person entering into these Terms with ONCHAMON.
These Terms apply to your use of ONCHAMON Services, which include our website at https://Onchamon.com (“Web”), our mobile wallet application (each, an “Application”), ONCHAMON wallet extension (“Extension”) on Chrome and Firefox browsers, and related services. This also includes our interaction services with decentralized protocols and blockchains, as well as all written or digital materials, such as data, text, audio, video, images, trademarks, graphics, or other content (“Content”) supported by ONCHAMON.
For simplicity, we refer collectively to our Web, Applications, and Extension as the “ ONCHAMON ”.
1. Introduction
1.1 These Terms of Service outline the legally binding terms for your use of ONCHAMON' Services. By using any Services provided, operated, or supported by ONCHAMON, you acknowledge that you have read and fully understand these Terms, which apply to you. These Terms, along with ONCHAMON policies, establish a legal agreement between you and ONCHAMON. If you do not agree to these Terms, please do not use the ONCHAMON or any Services and cease using our Services immediately.
By accepting these Terms, you also agree to the Privacy Policy and the Launchpad Policy, which are incorporated by reference into these Terms.
By agreeing to these Terms or using ONCHAMON' Services, you confirm that you are legally competent to enter into and be bound by these Terms. If you are accepting these Terms or using ONCHAMON' Services on behalf of your employer, your acceptance of these Terms constitutes an agreement between your employer and ONCHAMON. You represent and warrant that you have the authority to bind your employer to these Terms.
1.2 ONCHAMON reserves the right to modify any part of these Terms at any time, and such modifications will take effect immediately upon posting on any of the ONCHAMON . These changes will apply to all access and continued use of our Services and each component of the ONCHAMON . It is your responsibility to review these Terms regularly, and by continuing to use the ONCHAMON or our Services after any modifications, you agree to be bound by such changes, whether or not you have reviewed them.
1.3 When you use the ONCHAMON, you acknowledge and agree that third-party terms or agreements may apply to your use. For instance, the terms and conditions of the respective mobile applications marketplaces (like Apple App Store or Google Play) may also apply to your use of our mobile Applications.
1.4 Your use of Launchpad and Launchpool will be additionally subjected to and will be governed by the Policy.
1.5 We may integrate the functionality of exchanging fiat currency to Digital Assets and depositing Digital Assets to your blockchain wallets through the ONCHAMON 's application programming interface (API). However, we will not perform any exchange of fiat currencies to Digital Assets or any transfer of such Digital Assets to your blockchain wallet. Third-party payments or exchange providers will provide and operate this exchange and depositing functionality, and it will be subject to separate rules and terms. We will notify you when you interact directly with any third-party payments or exchange provider, but we cannot guarantee that we will do so at all times. We will not be liable to you for any loss or damage incurred in connection with the use of the services of such third-party payments or exchange providers, including the accuracy or reliability of the services provided to you by such third-party payments or exchange providers and the acts or omissions of such third-party payments or exchange providers (or their partners or affiliates).
2. Services Eligibility
2.1 By using our Services, you confirm that:
2.1.1 When you use our Services, it is important that you understand and acknowledge that you are entering into a legally binding agreement with ONCHAMON. Therefore, you must have the legal capacity to accept and enter into these Terms. This means that you must be at least eighteen (18) years old and capable of forming legally binding agreements.
If you are below eighteen (18) years old, you cannot enter into these Terms. We take the protection of minors very seriously and we will not knowingly provide our Services to anyone under the age of eighteen (18).
We require you to warrant that you are of legal age and have the necessary legal capacity to enter into these Terms. By using our Services, you acknowledge that you are providing us with this representation and warranty, and you agree to be bound by these Terms.
It is important that you take the time to read these Terms and understand the obligations and responsibilities that come with using our Services. If you do not meet the eligibility requirements outlined in these Terms, you may not use our Services. We reserve the right to refuse access to our Services to anyone who does not meet our eligibility criteria or who violates any of the terms and conditions set forth in these Terms.
2.1.2 You have not been previously suspended or barred from using our Services;
2.1.3 You are not restricted or prohibited from conducting banking or financial transactions in any jurisdiction or under any applicable laws;
2.1.4 You are not on any list of persons banned from traveling or conducting business or financial transactions in any jurisdiction;
2.1.5 You will only use our Services for lawful purposes and as intended;
2.1.6 You are not a citizen, a permanent resident, or located in Afghanistan, Democratic Republic of Congo, Cuba, Democratic People’s Republic of Korea, Islamic Republic of Iran, Republic of Iraq, Puerto Rico, Syrian Arab Republic, Venezuela, Zimbabwe, United States of America (including its states and the district of Columbia), the Virgin Islands of the United States, or any other possessions of the United States of America.
2.2 If you are using our Services on behalf of a legal entity, you further confirm that:
2.2.1 The legal entity is validly existing and duly organized under the applicable laws of its jurisdiction;
2.2.2 You are authorized by such legal entity to act on its behalf, and your use of our Services complies with all applicable laws, rules, and regulations;
2.2.3 The legal entity is not established or carrying out management activities in Afghanistan, Democratic Republic of Congo, Cuba, Democratic People’s Republic of Korea, Islamic Republic of Iran, Republic of Iraq, Puerto Rico, Syrian Arab Republic, Venezuela, Zimbabwe, United States of America (including its states and the district of Columbia), the Virgin Islands of the United States, or any other possessions of the United States of America.
2.3 You confirm that you meet all eligibility requirements outlined in these Terms to use ONCHAMON Services and any of its components. You acknowledge that ONCHAMON Services may not be permitted in certain jurisdictions, and you are responsible for complying with local laws. We reserve the right to refuse access to or use of our Services to certain individuals and to modify our eligibility criteria at any time.
2.4 We may impose additional eligibility requirements at our sole discretion, which may apply to specific users or functionality of the ONCHAMON or Services.
3. Use of ONCHAMON Services
3.1 Users' Privacy
At ONCHAMON, we place the utmost importance on the privacy of our users. We have a comprehensive Privacy Policy that outlines our commitment to safeguarding your personal information. By accessing our Website, downloading and using our Applications and Extensions, creating accounts or wallets through the ONCHAMON , interacting with blockchains or protocols through our , and using any of our other Services, you agree to the collection, use, reproduction, hosting, transmission, and disclosure of any user content submissions in accordance with our Privacy Policy.
3.2 Wallets and Digital Assets
3.2.1 Our users have the ability to manage and access multiple blockchain-based Digital Assets via the creation of different wallets across various blockchains simultaneously using our ONCHAMON. It is important to note that your wallets, Digital Assets, and cryptocurrencies are solely under your control. You bear the sole responsibility for managing your funds and carrying out any transfers of Digital Assets. We do not have any influence or control over any of your Digital Asset storage or transactions from your wallets under any circumstances.
3.2.2 It is important to note that we do not maintain any blockchain wallets, including single-chain or multi-chain wallets, and we do not act as a custodian of users' Digital Assets, even if any such blockchain wallet was created via our ONCHAMON . Therefore, you acknowledge and agree that we have no liability for or control over the safety, suitability, quality, delivery, legality, or other aspects of any of your Digital Assets. It is your responsibility to ensure that you comply with all applicable laws and regulations governing the use of Digital Assets.
We strive to offer a safe and secure environment for our users and their Digital Assets. We encourage you to review our Privacy Policy and reach out to our customer support team should you have any questions or concerns about our Services.
3.3 Interaction with Protocols
At ONCHAMON, we strive to provide our users with access to various decentralized protocols (“Protocols”) such as swaps, liquidity, lending protocols, and other applications. By doing so, we aim to facilitate transactions and interactions between our users and the decentralized network in a seamless and efficient way.
It is important to note that all transactions and orders matching, clearing, settlement, and filing occur in a completely decentralized manner through the Protocol operated at a peer-to-peer model. We merely serve as an aggregator of technically supported decentralized Protocols and provide a graphic user interface and functionality to interact with them.
We do not execute the exchange of Digital Assets, cryptocurrencies, or tokens, either directly or through Protocols. Additionally, we do not define, suggest, or execute any control over the price of Digital Assets accessible via Protocols. When you perform swaps or interact with liquidity or lending pools, you interact with a Protocol directly, not with us. We do not own or control the underlying governing the operation of Protocols, even if technically supported by the ONCHAMON or created by us.
As such, you acknowledge and agree that we have no liability for any claims or damages that may arise as a result of any actions or transactions that you engage in while interacting with Protocols through the ONCHAMON . Furthermore, the functionality of Protocols is experimental in nature, and you should be aware that Protocols are third-party applications subject to their own terms and conditions, fees, and interest rates.
It is essential to note that our graphic user interface is merely one of the user interfaces to access such Protocols. As a separate entity from these Protocols, we do not manage or control them and make no representations or warranties regarding their compliance, availability, or security. We also make no representations or warranties that Protocols comply with the laws of any jurisdiction, and it is your responsibility to ensure their compliance with applicable laws.
In summary, our goal is to provide our users with a seamless and efficient way to interact with the decentralized network. By doing so, we aim to promote transparency and security while ensuring that our users remain in control of their Digital Assets.
3.4 Interaction with Blockchains
3.4.1 The ONCHAMON provides users with a graphical user interface and tools to interact with various blockchains, such as Bitcoin, Ethereum, Binance Smart Chain, Huobi Eco Chain, Tron, and Solana. Through the, users can access information on digital assets and their markets, as well as interact with blockchains to create, transfer, or submit information related to digital assets.
3.4.2 Please note that when you interact with a blockchain through the ONCHAMON , you are interacting directly with that blockchain, and we do not control or process any of your transactions or data. As such, we are not liable for any claims or damages that may arise from your interactions with blockchains through the.
3.4.3 It's important to understand that the graphical user interface provided by the ONCHAMON is just one way to access and interact with supported blockchains. You can also interact with blockchains directly through their code, without using any third-party interface. Furthermore, please note that we are a separate entity from, not an affiliate of, and have no control or management over any of the named blockchains.
3.4.4 We reserve the right to cancel or refuse your access to any supported blockchains or the full range of interaction functionality at any time, without prior notice, if it becomes necessary to comply with applicable laws and regulations.
3.5 Staking
3.5.1 Staking is the process of temporarily locking Digital Assets through a smart contract on a decentralized protocol, which can provide Stakers with rewards, privileged access, or other benefits. A Staker is a person who performs Staking.
3.5.2 ONCHAMON offers the functionality to interact with Protocols that support or allow Staking, based on criteria and conditions specified by the Protocols. Rewards are calculated and distributed through the Protocol in a decentralized manner. ONCHAMON may create or launch Protocols or Staking Pools, but they will be decentralized and not controlled by us.
3.5.3 While we may monitor Staking Pools created by us, we do not own or control the underlying s that govern the operation of Protocols, even those supported by the ONCHAMON or created by us.
3.5.4 You interact directly with the Protocol when performing Staking. ONCHAMON is not responsible for the distribution of any Staking rewards, except as specifically promised by ONCHAMON. We are also not responsible for any benefits that may be provided by Protocols or Staking Pools.
3.5.5 When you stake Digital Assets, they are temporarily unavailable until you unstake them. Unstaking may not be possible before a specified period or event, and may incur additional costs or loss of rewards.
3.5.6 We have no liability for any claims or damages that may arise from your Staking and interaction with Staking Pools through the ONCHAMON .
3.5.7 Staking may be subject to fees, including those charged by Protocols, Staking Pools, and blockchains.
3.5.8 We cannot guarantee continued technical support for any Protocols or Staking Pools, even if they were previously supported. This applies whether or not you have performed Staking. Additionally, we cannot guarantee that you will be able to interact with any Protocols or Staking Pools through the ONCHAMON in the future, or that you will be able to un-stake your Digital Assets using the graphic user interface of the ONCHAMON .
3.6 Able to access Information via ONCHAMON
3.6.1 ONCHAMON offers users access to various information concerning Digital Assets and their corresponding markets through the ONCHAMON .
3.6.2 All information displayed on the ONCHAMON is sourced directly from the relevant blockchains (e.g., Ethereum, Binance Smart Chain, Solana), Protocols (e.g., UniSwap, PancakeSwap, Serum DEX), or designated trading s (e.g., Binance, FMX, FTX, Huobi, Bitfinex, Bittrex, Poloniex, OKEx). This information is not collected, compiled, or otherwise modified by ONCHAMON in any way.
3.6.3 While we strive to provide complete and accurate information, we cannot guarantee the accuracy, reliability, currency, completeness, validity, stability, or suitability of any of the information available through the ONCHAMON . We also cannot guarantee the timeliness of the technology or information involved in the . Therefore, we disclaim any liability for any loss or damage that may result from your use or viewing of the information available on the ONCHAMON .
3.6.4 In our efforts to provide you with the most complete and accurate information possible, the information may be changed or updated periodically without notice, including information concerning our policies and Services. It is your responsibility to verify all information before relying on it, and any decisions based on information contained on the ONCHAMON are solely your responsibility. Information provided by third parties, including historical price and supply data for Digital Assets, is for informational purposes only, and we make no representations or warranties as to its accuracy.
3.7 Managing Your Keys, Passwords, and Security
At ONCHAMON, we recognize that the safety and security of your account passwords, personal identification numbers (PINs), wallet private keys, and passphrases for your blockchain wallets are of utmost importance. It is your responsibility to keep this information secure and confidential at all times.
Please note that ONCHAMON does not control any of the security information mentioned above, and we cannot be held responsible for any loss or damage resulting from the misuse or mishandling of this information. This includes any third-party organizations that you may employ to store your private keys, even if such appointments are made through our Services.
Therefore, we strongly advise you to take all necessary measures to safeguard your account passwords, PINs, private keys, and passphrases. This may include employing additional security measures such as two-factor authentication or using hardware wallets. Remember, you are solely responsible for the security of your account information, and we will not be held liable for any unauthorized access to or use of your account.
3.8 Product Updates
3.8.1 ONCHAMON reserves the right make unscheduled changes, updates, or improvements to the Services at any time, with or without prior notice. This may include adding or removing functionalities or features, or even discontinuing the Services altogether. In the event of a new version of the Application or Extension being launched, we may notify you through the Application or Extension, as well as on our social media channels. To update to the latest version, you should activate the update functionality in your current version or manually install the new version.
3.8.2 Please note that we are not obligated to enhance, modify, or replace any part or component of the ONCHAMON , or to continue developing or releasing new versions of the ONCHAMON . By using our Services, you acknowledge and agree that such changes may occur without prior notice, and that ONCHAMON will not be liable for any resulting loss or damages.
3.9 Third-party Services
3.9.1 The ONCHAMON may provide links or integration with services offered by third-party websites, s, applications, networks or ledgers, including decentralized applications (dApps) ("Third-party Applications"). However, we do not endorse or guarantee the quality, accuracy, completeness, reliability or legality of any Third-party Applications. Your access and use of Third-party Applications are at your own risk and subject to the terms and policies of those Third-party Applications. We do not assume any responsibility or liability for any loss, damage or harm arising from your use of Third-party Applications or your interactions with their operators, partners or affiliates.
3.9.2 We have no control over the content or functionality of Third-party Applications, and we cannot guarantee their availability or security. Some Third-party Applications may contain objectionable, unlawful or inaccurate materials, and you are solely responsible for evaluating and deciding whether to use or rely on them. You should carefully review the terms and conditions, privacy policies, and security measures of Third-party Applications before using them, and understand the risks associated with such use. We recommend that you exercise caution and prudence when using Third-party Applications and seek independent advice if you have any doubts or concerns.
3.10 Fees and Taxes
3.10.1 By accessing the ONCHAMON, Protocols, and/or using our Services, you may be subject to fees and interest rates that are determined by us, Protocols, and/or liquidity providers, based on your interactions with the and usage of our Services. Please note that some Protocols may apply interest rates to your transactions.
3.10.2 We will inform you of any applicable fees and their description through the ONCHAMON . Please note that we, Protocols, and/or liquidity providers may revise fees at any time with or without prior notification.
3.10.3 You agree to pay all applicable fees and any other charges incurred through the ONCHAMON, in accordance with the amounts that are in effect when such fees are incurred.
3.10.4 It is your responsibility to check the fee schedule regularly and in each instance before using the ONCHAMON and/or Protocols or any Services that may incur a fee.
3.10.5 Please be aware that blockchains, distributed ledgers, or any decentralized networks and/or their designated third-party suppliers may charge fees or commissions for your activities or interactions within these blockchains, ledgers, or networks, including transaction fees. Please check their fee schedules before engaging in any activities with them. We are not and will never be responsible for any commissions charged by blockchains, ledgers, or networks or any third parties, even if accessed through the ONCHAMON .
3.10.6 You are solely responsible for determining whether, and to what extent, any taxes apply to your activities on the ONCHAMON , and for withholding, collecting, reporting, and remitting the correct amounts of taxes to the appropriate tax authorities. We do not store or archive any transaction information, and the ONCHAMON does not have any such storage or archival capability.
3.10.7 Our fees do not include any taxes, levies, duties, or similar governmental assessments of any nature. You are responsible for paying all taxes associated with your use of our Services. If we are legally obligated to pay or collect taxes for which you are responsible, we will invoice you, and you must pay that amount, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. We are solely responsible for ONCHAMON Taxes assessable against us based on our income, property, and employees. If applicable law requires you to withhold ONCHAMON Taxes from your payment(s) to ONCHAMON, you must provide reasonable assistance to us in connection with such ONCHAMON Taxes by promptly providing us with valid tax receipts and other required documentation evidencing your payment of such taxes and assisting us in filing applications to reduce such taxes.
3.11 No Guarantee of Uninterrupted Access
Please understand and agree that we cannot guarantee uninterrupted or secure access to any part of the ONCHAMON . The operation of the may be affected by various factors beyond our control, which may cause disruptions or interruptions.
4. Risk Disclosure: Understanding Risks and Assumptions When Owning Crypto Assets
4.1This section provides important information on the significant risks involved in holding, owning, acquiring, or purchasing crypto assets, tokens, or any digital assets. Please read this section carefully.
Complexities: Participating in activities such as holding, owning, acquiring, and purchasing Digital Assets, as well as interacting with Protocols, pools, smart contracts, and Staking, carry considerable risks and may result in financial losses. These risks may include, but are not limited due to the complex features, functions, characteristics, operation, use, and other properties of digital assets. The underlying technology used to administer, create, issue, transfer, cancel, use, or transact in digital assets, including any distributed ledger (blockchains), may also be difficult to understand or evaluate.
Vulnerabilities: Any digital asset and its underlying technology may be vulnerable to attacks on its security, integrity, or operation, including attacks using computing power that could overwhelm the normal operation of a decentralized distributed ledger (blockchain) or other underlying technology. Any protocol, pool, or smart contract may also be vulnerable to attacks, including phishing attacks. They may cease to operate as expected due to various reasons, including attacks, enforcement and regulatory activities, scamming activities, technical and communication issues. We do not monitor any protocols or pools. We make no representation or warranty that these protocols or pools are safe, secure, verified, or verifiable, or of any value, quality, or legality.
Changes: Any digital asset, asset properties, or underlying technology may change or cease to operate as expected due to changes made to the underlying technology, changes made using features or functions built into the underlying technology, or changes resulting from an attack. These changes may include, without limitation, a "fork" or "rollback" of the digital asset or blockchain.
Value: Any digital asset may decrease in value or lose all of its value due to various factors, including the discovery of wrongful conduct, market manipulation, changes to asset properties, or perceived value of asset properties, attacks, suspension or cessation of support for a digital asset by protocols, trading s, marketplace s, or service providers, and other factors outside our control.
Loss: Any digital asset may be lost if sent to the wrong address (for example, if the address is improperly formatted, contains errors, or is intended to be used for a different type of digital asset). We make no representation whatsoever that any of the digital assets that may be found or are accessible through the ONCHAMON are safe, suitable, true to any representations made by the digital asset issuer or sponsor, verified or verifiable, or of any value or quality or legality. We undertake no responsibility for conducting any due diligence or screening process with regard to any digital asset that is accessible or discoverable through the ONCHAMON, Launchpad, or Launchpool.
Removal: We may, at any time, with or without prior notice to users, remove any digital asset, game, collection from display or accessibility through the ONCHAMON, Launchpad, or Launchpool for any business or regulatory reason that we may deem appropriate.
4.2 The risks described above may result in loss of digital assets, decrease in or loss of all value or exchangeability of digital assets, inability to access or transfer digital assets, inability to exchange digital assets, inability to receive financial benefits available to other digital asset holders, and other financial losses to you. By owning or holding digital assets, you assume and agree that we will have no responsibility or liability for such risks. You irrevocably waive, release and discharge any and all claims, whether known or unknown to you, against ONCHAMON, its affiliates, and their respective shareholders, members, directors, officers, employees, agents, and representatives related to any of the risks set forth herein.
4.2.1 By agreeing to this, you confirm that: (a) you possess the requisite technical know-how and proficiency to thoroughly review and assess the security, soundness, and functionality of any Digital Assets and their Underlying Technology that you intend to purchase, acquire, or exchange, whether through Launchpad or Launchpool; (b) you possess the necessary technical skills and expertise to thoroughly examine and appraise the security, integrity, and operation of our Services; and (c) you possess the relevant knowledge, expertise, comprehension, professional guidance, and information to make your independent assessment of the benefits and risks associated with any Digital Assets. Additionally, you acknowledge that procuring any Digital Asset through Protocols or purchasing them involves a significant amount of danger and the possibility of financial loss.
4.2.2 You should not acquire or trade any Digital Assets unless you have sufficient financial resources and can afford to lose all value of the Digital Assets.
4.2.3 You hereby assume and agree that we will have no responsibility or liability for such risks described in this Section 4. You hereby irrevocably waive, release and discharge any and all claims, whether known or unknown to you, against us, our affiliates and Representatives related to any of the risks set forth herein.
4.2.4 We do not provide any advice, does not have any fiduciary duty to you or any other user and does not make any warranty about the suitability of any Digital Assets for ownership by you.
5. Intellectual Property
5.1 License and Restrictions
ONCHAMON provides you with a personal, non-transferable, and non-exclusive license to use its Services. Your use of the Services is subject to the terms and conditions outlined in these Terms. This license is for personal and non-commercial purposes only. You are not permitted to copy, modify, create derivative works of, reverse engineer, decompile, or attempt to extract the source code of the Services, or any part thereof, except as permitted by applicable law. You are also prohibited from assigning or sublicensing your rights to use the Services, granting an interest in or over your rights to use the Services, or transferring any part of your rights under these Terms. If you access any Services provided by ONCHAMON in exchange for a fee, you must pay the fees due to maintain this license. These Terms do not provide you with a license or permission to copy, distribute, modify, or otherwise use any application programming interface, despite any provision to the contrary. You do not obtain any title or ownership of any proprietary rights related to the Services under these Terms. ONCHAMON reserves all rights not explicitly granted to you under these Terms.
5.2 Trademarks and Feedback
ONCHAMON does not grant you any licenses or authorize the use or display of its trademarks, service marks, logos, or slogans. If you provide us with any comments, suggestions, or recommendations regarding the Services, including any proposed modifications, enhancements, improvements, or changes to the Services or any feature or function thereof (collectively, “Feedback”), you agree to grant us and our affiliates a worldwide, royalty-free, irrevocable, perpetual license (with the right to grant and authorize sublicenses) to use, reproduce, distribute, sell, modify, adapt, prepare derivative works of, display, perform, and exploit such Feedback without restriction, including in connection with the Services and any updates, extensions, or successor versions of the Services.
5.3 User Content
5.3.1 Your Content
As the user, you are solely responsible for any data, text, information, names, images, graphics, photos, videos, and other content that you submit, post or display on the ONCHAMON (“User Content”). ONCHAMON shall not be held liable in any way for the deletion, correction, destruction, damage, loss, failure to store or encrypt any User Content. Furthermore, in case your access to the Services is suspended or terminated, you will no longer have access to your User Content.
5.3.2 Sharing of Content
By activating the functionalities that allow you to share User Content with others, you acknowledge that anyone with access to the shared content, including the general public under certain circumstances, may have access to your User Content.
5.3.3 Use License
By submitting User Content to the ONCHAMON , you grant ONCHAMON, its affiliates, and contractors a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to use, modify, adapt, reproduce, distribute, transmit, display, and disclose your User Content as reasonably necessary to provide the Services or as otherwise permitted by these Terms. You represent and warrant that: (a) you have all the necessary rights in the User Content to grant the license above, and that the User Content does not infringe or misappropriate any third-party rights; and (b) the storage, use, display, reproduction, distribution, modification, adaptation or transmission of such User Content complies with these Terms and all applicable laws and regulations.
5.3.4 Responsibility for User Content
You acknowledge and agree that you are solely responsible for any User Content that you submit, post, or display on or via the ONCHAMON , and that ONCHAMON has no obligation to monitor or control User Content. You agree to: (a) ensure that the User Content is accurate, complete, and up-to-date, and that you have obtained all necessary consents, licenses, and permissions for the User Content; (b) comply with these Terms and all applicable laws and regulations in connection with the User Content; (c) promptly handle and resolve any notices and claims relating to the User Content, including any notices sent to you by any person claiming that any User Content violates any person's rights. You acknowledge and agree that ONCHAMON may remove or disable access to any User Content that violates these Terms or that ONCHAMON determines to be unlawful, inappropriate, or objectionable, without prior notice to you.
6. User Content
As a user of the Services, you agree to adhere to certain guidelines and not engage in any conduct that may harm or disrupt the Services. Specifically, you will not use any unauthorized means to gain access to the Services or distribute instructions, , or tools (such as a bot, a spider, or periodic caching of information stored by ONCHAMON) for that purpose. You will not modify, alter, tamper with, repair, or create derivative works of the Services or its components. You will not interfere with or disrupt servers or networks used by ONCHAMON to provide the Services, or damage, disable, overburden, or impair the Services or any connected network.
Furthermore, you will only use your own account to access the Services and not use the account of another user without proper authorization from ONCHAMON. You will only use the Services for the purposes expressly permitted by these Terms, the Privacy Policy, the Launchpad Policy, and any other applicable Policies. You will not engage in any unlawful or fraudulent activity, including but not limited to phishing schemes, forgery, or other similar manipulations of data.
You will not use the Services to violate any laws or regulations, including local, provincial, state, federal, national, or international laws. Any violations of these Terms, including using the Services to engage in illegal activities such as gambling, fraud, money laundering, or financing terrorist activities, will result in disciplinary action taken by ONCHAMON.
You will not send unsolicited or unauthorized messages, such as junk mail, spam, chain letters, or pyramid schemes, and you will not advertise or promote commercial products unless authorized by ONCHAMON.
ONCHAMON reserves the right to determine, in its sole discretion, how to respond to a claimed violation of these Terms and to take appropriate action. Any action or inaction by ONCHAMON in response to a particular instance of a violation will not limit or dictate our response to future complaints.
7. Warranties
We want to be upfront with you about our warranties and limitations when it comes to using our Services. Please read this section carefully before using our Services.
7.1 Except for the warranties expressly set forth in these Terms, we do not provide any other express or implied warranties regarding the Services or their functionality, including but not limited to, any warranties of merchantability, fitness for a particular purpose, title, non-infringement, and quality. We make no representations or warranties regarding the reliability, availability, timeliness, suitability, accuracy, or completeness of the Services or the results you may obtain by using the Services. We cannot guarantee that the operation or use of the Services will always be timely, uninterrupted, or error-free, nor can we guarantee that the quality of the Services will meet your requirements.
7.2 Please note that we do not have control over the transfer of data over communication facilities, including the internet, protocols, and blockchains, and that the Services may be subject to limitations, delays, and other problems inherent in the use of such communication facilities. We are not responsible for any delays, delivery failures, or other damage resulting from such problems. Furthermore, we cannot warrant or guarantee that all security attacks will be discovered, reported, or remedied, or that there will not be any security breaches by third parties. Except where expressly provided otherwise by us, the Services are provided to you on an "as is" and "as available" basis.
7.3 You acknowledge and accept responsibility for all activities and contents generated by you via the Services.
7.4 We do not act as your broker-dealer, intermediary, agent, or advisor with respect to any request you make or instruct us to make via the ONCHAMON or Services, and we owe you no fiduciary duty. We want to make it clear that any communication by us to you should not be construed under any circumstances as legal, tax, accounting, or financial advice. Moreover, any use or access to the ONCHAMON should not be construed as the facilitation of any sale or exchange of securities or commodities as an exchange.
8. Limitation of Liability
8.1 We want to be clear that we will not be held liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to loss of profits, goodwill, use or data, even if we have been notified of the possibility of such damages. Additionally, we will not be responsible for any compensation or damages resulting from:
A) Your inability to use the Services, including any denial of access, suspension, or discontinuation of any part of the Services, or any unexpected or unscheduled downtime due to power outages, system failures or other interruptions;
B) Any investments, expenditures, or commitments made by you or your use of or access to the Services; or
C) Any unauthorized access, alteration, deletion, destruction, damage, loss or failure to store any of your account, wallet or other data.
8.2 In compliance with applicable laws and regulations, our aggregate liability for all claims under these Terms shall be limited to the total fees paid by you to us in the twelve (12) months immediately preceding the date of the applicable claim.
9. Indemnification
You agree to defend, indemnify, and hold harmless ONCHAMON, its affiliates, and their representatives from any and all claims, damages, obligations, losses, liabilities, costs, or debt, including attorney's fees, arising from: (i) your use and access to the ONCHAMON and Services, including your interactions with blockchains, protocols, and any transmitted or received data or content; (ii) your breach of any provision of these Terms, including any breach of representations, warranties, or obligations; (iii) your violation of any third-party rights, including privacy, publicity, or intellectual property rights; (iv) your violation of any applicable laws, rules, or regulations; (v) your negligent or willful misconduct; or (vi) any other party's access and use of other appropriate security code. This includes the actions of any third party who wrongfully commits these actions using your wallets or utilizing your passwords or private keys.
10. Suspension and Termination
10.1 Termination by ONCHAMON
We reserve the right to suspend, restrict, or terminate your access to any part of the Services or its functionalities for any reason, with or without explanation. We will provide you with notice of our actions, if technically possible and unless prohibited by court order or other legal process. Please note that our decision to take such actions may be based on confidential criteria that are necessary for security protocols, and we are not obligated to disclose these details to you.
10.2 Termination by You
These Terms will no longer apply to you if you cancel all use of the Services and the ONCHAMON .
11. General Terms
11.1 Any notices or communications from you to us regarding these Terms must be made in writing to our customer support team or by email at support@ONCHAMON.com. Such notices are considered effective upon the date of receipt, unless a later date is specified.
11.2 We may periodically offer special promotions, challenges, or contests to select users, subject to applicable laws. Qualifying criteria may be established at our or the issuer's sole discretion. We reserve the right to revoke any special offer or promotion without notice and are not obligated to make such offers available to all users. We do not provide advice or recommendations on the value or utility of any Digital Asset subject to a promotion.
11.3 We are an independent contractor, and nothing in these Terms creates a partnership, joint venture, or agency relationship between you and us.
11.4 These Terms of Service, Policy, and any other documents referenced herein constitute the entire agreement between you and us.
11.5 Section headings are provided for convenience only and do not control the interpretation or meaning of any provision in these Terms.
11.6 You cannot transfer or assign your rights, licenses, interests, and/or obligations under these Terms to anyone else. However, we may transfer or assign our rights, licenses, interests, and/or obligations at any time, including as part of a merger, acquisition, or other corporate reorganization involving the Services.
11.7 If any provision of these Terms is deemed invalid or unenforceable under applicable law, it will not affect the validity of any other provision.
11.8 We may not always strictly enforce our rights under these Terms. However, any failure to do so is a temporary measure, and we reserve the right to enforce our rights strictly again at any time.
11.9 These Terms and any information or notifications that you or we provide should be in English. Any translation of these Terms or other documents is provided for convenience only. In case of any inconsistency, the English language version of these Terms or other documents shall prevail.
11.10 Upon termination of these Terms, certain sections that should survive termination or expiration will survive, including, without limitation, Section 3 through Section 9 and this Section
11.11 These Terms shall be governed by and construed in accordance with the laws of the British Virgin Islands. Any dispute, controversy, or claim arising out of, relating to, or in connection with these Terms, including any dispute regarding non-contractual obligations, shall be referred to the BVI International Arbitration Centre for resolution pursuant to the BVI IAC Arbitration Rules (in force at the time of submission of a Notice of Arbitration and as may be amended from time to time).
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