Last Modified: August 16, 2023
BY USING THE SERVICES, YOU HEREBY AGREE THAT YOU ARE NOT A CITIZEN OF, LOCATED IN, INCORPORATED IN OR OTHERWISE HAVE A REGISTERED OFFICE IN (I) THE UNITED STATES OF AMERICA (A “US PERSON”) OR (II) CUBA, IRAN, MYANMAR (BURMA), NORTH KOREA, SYRIA, THE REGIONS OF CRIMEA, DONETSK OR LUHANSK, OR ANY OTHER COUNTRY OR REGION THAT IS THE SUBJECT OF COMPREHENSIVE COUNTRY-WIDE OR REGION-WIDE ECONOMIC SANCTIONS BY THE UNITED STATES OF AMERICA, CANADA, THE UNITED KINGDOM, OR THE EUROPEAN UNION (COLLECTIVELY, “SANCTIONED TERRITORIES”). YOU ALSO HEREBY AGREE THAT YOU ARE NOT THE SUBJECT OF ECONOMIC OR TRADE SANCTIONS ADMINISTERED OR ENFORCED BY ANY GOVERNMENTAL AUTHORITY OR OTHERWISE DESIGNATED ON ANY LIST OF PROHIBITED OR RESTRICTED PARTIES (TOGETHER WITH ANY PERSON OR ENTITY FROM A SANCTIONED TERRITORY, A “SANCTIONED PERSON”). IF YOU ARE A US PERSON OR A SANCTIONED PERSON DO NOT USE THE SERVICES OR ATTEMPT TO USE A VIRTUAL PRIVATE NETWORK OR OTHER TECHNOLOGY TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN.
USE OF A VIRTUAL PRIVATE NETWORK (VPN) TO ACCESS THE SERVICES IS EXPRESSLY PROHIBITED. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT USE A VPN OR SIMILAR TECHNOLOGY TO ACCESS OR USE THE SERVICES IN ANY WAY. WE RESERVE THE RIGHT TO RESTRICT OR DISCONTINUE YOUR ACCESS TO AND USE OF THE SERVICES IN THE EVENT WE KNOW OR HAVE REASON TO SUSPECT YOU ARE USING A VPN FOR SUCH ACCESS OR USE.
Accessing the Services and Account Security
We reserve the right to withdraw or amend the Services, and any service or material we provide through the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entirety of the Services, to users, including registered users.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We assume no responsibility for any loss that you may sustain due to compromise of any login credentials you have in connection with the Services due to no fault of Panoptic.
In order to use the Services, you may be asked to connect a digital asset wallet. Custody and title to the digital assets held in your digital wallet shall at all times remain with you and shall not transfer to Panoptic. As the owner of such digital assets, you shall bear all risk of loss of such digital assets. We shall have no liability for fluctuations or loss in such digital assets. You retain sole responsibility for any loss of private keys associated with your digital wallet.
Intellectual Property Rights
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Panoptic, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Panoptic name, the Panoptic logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Panoptic or its affiliates or licensors. You must not use such marks without the prior written permission of Panoptic. All other names, logos, product and service names, designs, and slogans on the Website or otherwise displayed through the Services are the trademarks of their respective owners.
If you believe that your copyrighted material has been copied or otherwise used or displayed in a way that constitutes copyright infringement, you may contact us at [email protected] to report such activities.
You may not reproduce, resell, or distribute the Services or any data generated by the Services for any purpose unless we have granted you express permission. You may not offer or enable any third party to use the Services, display on a website or otherwise publish the Services or any content obtained on the Services or otherwise use the Services for the development, production or marketing of a service substantially similar to the Services.
Additionally, you agree not to:
Compliance with Laws
You represent and warrant that your use of the Services will comply with all applicable laws, rules and regulations, including, without limitation, data privacy and protection laws, anti-money laundering, anti-terrorism, anti-corruption, export control and economic sanctions laws and regulations. If you are subject to regulations and you use the Services, we will not be liable if the Services do not meet those requirements.
Use of the Services
In connection with your use of the Services, unless expressly stated otherwise by us, you are required to pay all applicable fees, including fees necessary for interacting with the blockchain as well as any other fees reflected on the Services, which such fees may vary from time to time. Any pricing information included on the Services does not represent an offer, a solicitation of an offer, or any advice regarding, or recommendation to enter into, a transaction with us.
By using the Services, you are also solely responsible for the appropriate and proper filing of all applicable taxes and for any other tax implications arising from your use of the Services. We shall not be liable to you or any third party for any taxes that may apply due to your use of the Services and we will not pay any taxes on your behalf.
Links To Other Websites
The Services may contain links to third party web sites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT PANOPTIC SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEBSITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEBSITES OR SERVICES THAT YOU VISIT.
No Professional or Fiduciary Duties
You understand and agree that your use of the Services may result in certain tax consequences and obligations, including income or capital gains tax, value-added tax, goods and services tax, or sales tax. It is your sole responsibility to determine whether taxes apply to any transactions you initiate or receive through use of the Services and, if so, to report and/or remit the correct tax to the appropriate tax authority.
To extent information is provided to help assist you in completing your tax obligations, it is based solely on publicly-available data and you should work with tax professionals to ensure all information is accurate. We do not guarantee any accuracy, completeness or use for particular purpose in such information and fully disclaim all liabilities relating to your use of or reliance upon such information.
Assumption of Risk
By accessing and/or using the Services, you represent and warrant that you understand the inherent risks associated with cryptographic systems and blockchain-based networks, and other digital assets. We do not own or control the underlying software through which blockchain networks are formed or smart contracts are deployed, which software is typically open-source. You understand and agree that (a) we are not responsible for the operation of the software or the networks underlying the Services, (b) we do not guarantee the functionality, security or availability of the software or networks, (c) the underlying networks are subject to sudden changes that may materially impact the Services, and (d) we are not responsible for any such underlying networks or software or the impact these networks and software have on the Services. You alone are responsible for securing your passwords and private keys and losing control of these passwords and private keys may result in a permanent and irreversible denial of access to your digital assets. We will not be responsible for any such loss and we cannot retrieve such passwords or private keys if lost. The Services and your digital assets may be impacted by regulatory inquiries or actions or changes in law, which could impede or limit the ability for us to make the Services available. You hereby assume and agree that we will have no responsibility or liability for, the risks set forth herein or other risks inherent in the Services and/or any of the underlying technology relating thereto. You hereby irrevocable waive, release and discharge all claims, whether known or unknown to you, against us.
You acknowledge and agree that the buying and selling of cryptocurrencies and other digital assets involves significant risk. You should never trade more than you can afford to lose. Prices for cryptocurrencies and other digital assets are highly volatile and may gain or lose value at any time. Transactions involving cryptocurrencies and digital assets are irreversible. Carefully check all transaction details prior to completing any transaction involving cryptocurrencies or other digital assets. You acknowledge and agree that your use and ownership of cryptocurrencies and other digital assets is at your own risk. Further, you understand, acknowledge and agree that any cryptocurrencies or other digital assets stored in your digital wallet are not insured by the Federal Deposit Insurance Corporation, the Securities Investor Protection Corporation, the Financial Services Compensation Scheme or other government or private insurance entities.
Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY PANOPTIC ON AN “AS IS” AND “AS AVAILABLE” BASIS. PANOPTIC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES, THE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER PANOPTIC NOR ANY PERSON ASSOCIATED WITH PANOPTIC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER PANOPTIC NOR ANYONE ASSOCIATED WITH PANOPTIC REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
PANOPTIC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation Of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PANOPTIC (NOR PANOPTIC’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSSES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY ON, OR USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY COMPUTER VIRUSES, INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, LINKED SITES, PRODUCTS, AND/OR SERVICES OBTAINED OR ACCESSED THROUGH THE SERVICES; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY ON, OR USE OF THE SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Class Action and Jury Trial Waiver
All disputes, if any, must be brought against Panoptic in your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. This provision applies to class arbitration. You and we both agree to waive the right to demand a trial by jury.
Changes to the Services
We reserve the right to withdraw or amend the Services, and any service or material we provide via the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Services, or the entire Services, to users, including registered users.
Waiver and Severability
Please send your feedback, comments, requests for technical support: [email protected]