These Terms of Service (these “Terms”) contain the binding terms and conditions between you and Molon Labe Inc., a Panamanian corporation (“Molon Labe,” “Synthetix,” “we,” “our,” or “us”) governing your access to and use of the www.synthetix.io website and all related components, and any application (including any application programming interface and progressive web application) through which you access the services described below, and such other services that we may offer from time to time (collectively, the “Services”).
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By accessing or using any of the Services, you agree that you have read, understood and accept all of the terms and conditions contained in this Agreement including all materials expressly incorporated herein. You may have the opportunity to use additional services we provide by agreeing to additional terms and conditions (“Supplementary Terms”), which may be included in an Annex to these Terms or presented to you in connection with your use of such additional services.
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ARBITRATION NOTICE AND CLASS ACTION WAIVER: THESE TERMS INCLUDE A WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, AS WELL AS A MANDATORY ARBITRATION CLAUSE THAT GOVERNS RESOLUTION OF CERTAIN DISPUTES AND WAIVES YOUR RIGHT TO SUE IN COURT OR HAVE A TRIAL BY JURY. PLEASE READ SECTION 21 CAREFULLY.
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1.Accessing the Services
1.1.Eligibility. To be eligible to use the Services, you must be at least eighteen (18) years of age or the legal age of majority in your jurisdiction (if this is higher), capable of forming a binding contract with us, and are not barred from using the Services under any applicable law. By using the Services, you represent and warrant to us that you: (a) are at least the legal age required to form a binding contract with us; (b) have the full right, power, and authority to agree to these Terms; and (c) if you are entering into these Terms on behalf of a legal entity, you have the authority to bind such legal entity to these Terms, in which case the terms “you” and “your” shall refer to you and/or the legal entity.
1.2.Service Limitations. Your use of the Services is subject to applicable law, regulations, and sanctions. Without imitating, abridging, or modifying any term or condition in these Terms, by using the Services you represent and warrant to us that you are not: (a) subject to applicable sanctions or restrictions including economic sanctions, export restrictions, anti-money laundering law, and trade sanctions, imposed, administered, or enforced by the United Nations Security Council, the Office of Financial Sanctions Implementation part of the HM Treasury, the United States Department of Treasury’s Office of Foreign Asset Control, and the United States Department of State; (b) located in or a citizen or resident of Cuba, Iran, North Korea, Sudan, Russian-occupied regions of Donetsk, Luhansk, or Crimea, any other jurisdiction subject to comprehensive United States embargo, or where your use of the Services would otherwise violate any applicable law; and (c) subject to United States sanctions regardless of whether you are listed on a U.S. Office of Foreign Assets Control sanctioned parties list, United Nations Security Council Resolutions, HM Treasury’s financial or other sanctions regime, or if your name is placed on the U.S. Commerce Department’s Denied Persons List, Unverified List, or Entity List. We make no representations or warranties, express or implied, as to the lawfulness of your access or use of any Service. 1.3.Limited License. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the Services, Platform, and any related content, materials, and information including any content, functionality, data, and software (collectively, the “Content”) solely for purposes we approve from time to time. Any other use of the Services, Platform, or Content is expressly prohibited and all other right, tile, and interest in the Services, Platform, and Content is exclusively the property of Synthetix and its licensors.
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2.Using the Services
2.1.Blockchain Protocols. The Platform provides a web or mobile-based means to access software protocols governing the operation of Digital Assets (“Blockchain Protocols”), which includes the Synthetix Blockchain Protocols (“Synthetix Network”). We do not own or control any Blockchain Protocols nor do we provide the exclusive means of accessing any Blockchain Protocols. We assume no responsibility for the operation of Blockchain Protocols and do not guarantee the functionality or security of network operations including sudden changes in a Blockchain Protocols’ rules. You acknowledge and accept the risks of operating changes to Blockchain Protocols and agree that we are not responsible for such changes nor liable for any losses you may incur as a result of such changes.
2.2.The Platform provides online pass-through or access via decentralized means for eligible users to access or use online services that include: (a) decentralized finance yield services (“Staking Services”); (b) spot market transactions using leverage (“Margin Trading”); (c) opening one or more cross margin perpetual futures positions or isolated margin perpetual futures positions (“Perpetual Exchange Services”);
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3.Synthetix Accounts and Synthetix Trading Account
3.1.Synthetix Accounts. In connection with the Services, you may only use a “Synthetix Base Account” (which may not interact with the Exchange Services) or a “Synthetix Exchange Account” (which can only interact with the Exchange Services) (collectively, “Synthetix Accounts”). You must have a Synthetix Base Account prior to obtaining a Synthetix Exchange Account.
3.2.Account Registration. In order to register for a Synthetix Base Account, you will be required to connect a compatible third party blockchain software application or other mechanism (“Wallet”) or use a third party authentication method that is supported by the Services (“Third Party Authentication”). In order to create an Synthetix Exchange Account, you will need to deposit eligible Digital Assets into your Wallet.
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4.Blockchain Wallets and Digital Assets
4.1.Wallets. Your relationship with a third party that provides you with the Wallet or Third Party Authentication services you used to connect to the Platform or otherwise in connection with the Services is governed by the terms and conditions of that third party’s agreements with you. We assume no responsibility or liability to you for any Wallet you connect to the Platform or use in connection with the Services. We reserve the right, in our sole discretion, to prohibit any Wallet from connecting to the Platform or being used in the Services.
4.2.Digital Assets. We do not custody, possess, or control the virtual currency, cryptocurrency, stablecoins, liquid staking tokens, or other cryptographic tokens (collectively, “Digital Assets”) held in the Wallet connected. As the owner of the Digital Assets stored in your Wallet, you acknowledge and agree that you bear all risk of loss related to the Digital Assets stored in your Wallet. We assume no responsibility in connection with any attempt to use your Wallet with Digital Assets not supported by the Services.
4.3.Ownership. Except as expressly provided in this Agreement, title to the Digital Assets remains and shall at all times remain with you. As the owner of Digital Assets in your Synthetix Trading Account, you bear all risk of loss of such Digital Assets. We shall not have any liability for fluctuations in the fiat currency value of the Digital Assets held in your Synthetix Trading Account.
4.4.Number of Synthetix Accounts. We may limit the number of Synthetix Accounts that you may create or maintain. We may also terminate or suspend any or all Synthetix Account that exceeds such limit. and, if applicable, liquidate, freeze or refund positions and funds associated with such Synthetix Account.
4.5.Delegated Access. Certain Services may only be used by you or persons you designate to carry out specific and predetermined transactions (“Representatives”). Your Representatives are only authorized to carry out the transactions specifically identified by you and do not have the authority to otherwise represent you in your dealings with us. You accept full responsibility for your Representatives transactions and interactions with the Services, whether through your Synthetix Account or not and notwithstanding if such access or use is directly through the Platform or by other means like through API keys or apps you authorize.
4.6.Account Security. You agree that you are responsible for all activities that occurs on or related to your Synthetix Account and accept all risks of any authorized or unauthorized access to your Synthetix Account. You further agree that you are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers, API keys, or other codes associated with your Synthetix Account, the Services, and the Platform. You are solely responsible for the retention and security of the access credentials, recovery codes, and any other information or data required to access or use your Synthetix Account, Wallet, or mobile device (“Access Credentials”). You agree to hold us, our affiliates, representatives, agents, and personnel harmless from, and no such party shall be liable in any way, for any loss of your Access Credentials. You also agree to bear sole responsibility for any loss of Digital Assets due to failure to retain or secure your Access Credentials.
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5.Third Party Services
5.1.Third Party Applications. The Platform may communicate with third party decentralized applications and/or applications owned and operated by a third party (collectively, “Third Party Applications”). We make no warranties or representations, express or implied, regarding any Third Party Application. You acknowledge that you are solely responsibility for and assume all risk arising from or related to your use of any such Third Party Applications.
5.2.Third Party Services. The Platform may include, without limitation, links to sites, technology, applications, products, or services which are provided or made available to you by third parties (collectively, “Third Party Services”). You acknowledge and agree that your access or use of any Third Party Service is subject to the terms and policies of the applicable third party services provider.
5.3.Third Party Data. The Services may include information, content, or data including charts or indices (“Third Party Data”) provided by third party exchanges, oracles, or other data providers. You acknowledge and agree that we do not: (a) guarantee the accuracy, completeness, or availability of Third Party Data; (b) warrant that any Third Party Data is up to date as at the time obtained; and/or (c) have any liability to you for errors contained in Third Party Data or any losses you may incur from your use or reliance on Third Party Data. 5.4.Waiver. You acknowledge and agree that: (a) you are solely responsible for any and all costs, charges, and fees arising from or related to your access or use of any Third Party Service, Third Party Application, and/or Third Party Data; (b) integration or communications between the Platform or Services with a Third Party Application or Third Party Service does not imply endorsement or recommendation. You acknowledge and agree that we are not responsible for the availability, reliability, accuracy, or legitimacy of any such service or application (including any related websites, resources, or links displayed therein). Any dispute you have arising from or related to your access or use of a Third Party Service, Third Party Application, or Third Party Content including, without limitation, your intellectual property rights, is between you and the provider of such software, material, or other content. You acknowledge and agree that you will not hold us responsible for, and will indemnify us from, any liability arising out of or related to any act or omission of any third party with access to your Wallet, Synthetix Account, Third Party Authentication, or other mechanism that you may use to access the Services.
5.5.Waiver of Claims. To the maximum extent permitted by applicable law, you waive any and all claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, against Synthetix and its affiliates, and each of their respective officers, employees, agents, and successors arising out of or in any way related to any of the risks set forth herein. You also waive application of Section 1542 of the Civil Code of the State of California, or any similar statue or law of any other jurisdiction. Section 1542 reads as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
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6.Promotional Activities
6.1.Reward Activities. In connection with your access and use of the Platform and/or the Services, we may offer or make available certain incentives, prizes, points, or rewards for completing, participating, or otherwise completing activities like user referrals, performing a certain number of transactions, or staking your Digital Assets (“Rewards”). Any Reward that we may offer or make available through the Platform or the Services, from time to time and at any time, is subject to these Terms and any other applicable term or provision directly or indirectly related to or in connection with the Reward.
6.2.Reward Rates. Any information or communication made by us regarding the potential amount of a Reward is an estimate only. We do not, in any way, represent, warrant, covenant, or guarantee the rate, multiplier, or other formula used to calculate Rewards (collectively, “Reward Rates”) will, at any time, remain the same and may fluctuate up or down from time to time. You acknowledge and agree that any representations, whether express or implied regarding any Reward Rate may be based on factors including but not limited to: (a) an estimate based on general market rates; (b) special rates during promotional periods; and/or (c) observations of available on-chain rates.
6.3.Slashing. Some or all of the aggregate amount of the Rewards or other amounts may be programmatically destroyed as a penalty imposed by the applicable underlying blockchain network (“Slashing Penalty”). As a result, there may be non-payment of Rewards and your staked Digital Assets may be subject to a penalty.
6.4.General Reward Terms. By accepting these Terms, you hereby unconditionally and irrevocably confirm and agree that you understand and accept any and all risks and liabilities including financial loss arising from or in connection with Rewards. You further agree and consent that you have all necessary rights and title to any Digital Assets that you transfer, stake, deposit, or otherwise use in connection with the Rewards. We reserve the right to change, modify, discontinue, or cancel any Reward we offer at our sole discretion, at any time, and without notice to you. SYNTHETIX, OUR AFFILIATES, AND/OR THIRD PARTY SERVICE PROVIDERS DO NOT GUARANTEE THAT YOU WILL RECEIVE ANY REWARD INCLUDING ANY VALIDATION REWARD OR STAKING REWARD. YOU ACKNOWLEDGE AND AGREE THAT SYNTHETIX, OUR AFFILIATES, AND THIRD PARTY SERVICE PROVIDERS ARE NOT LIABLE FOR ANY FAILURE BY THE APPLICABLE BLOCKCHAIN NETWORK OR OTHER THIRD PARTY IN DISBURSING ANY REWARD. YOU ACKNOWLEDGE THAT PAST REWARDS ARE NOT INDICATIVE OF EXPECTED FUTURE REWARDS. SYNTHETIX WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY REWARD OR SLASHING PENALTY THAT RESULTS FROM YOUR ACCESS OR USE OF THE SERVICES.
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7.Risk Disclosures
You understand, accept, and agree to assume all of the various risks involved in interacting with the Platform, the Services, Digital Assets, Rewards, Third Party Application, Third Party Services, and all other services, products, or features directly related to or in connection with this Agreement including all risks set forth below.
7.1.The features, functions, characteristics, operations, use, and other properties and/or software that Digital Assets interact with are complex; and the terms, features, or risks described herein are not a complete or exhaustive list of all such features, risks, or complexities and may not be readily or fully understood due to such complexities.
7.2.If you act as a liquidity provider to a Blockchain Protocol, you understand that your Digital Asset may lose some or all value while supplied to the Blockchain Protocol due to fluctuations in Digital Asset prices in a trading pair or liquidity pool.
7.3.Staking rewards are not guaranteed and may be based on network performance, validator reliability, and other external factors. Synthetix does not assure any specific level of returns or profitability from staking activities.
7.4.You understand that we do not create, own, or operate cross-chain bridges and we do not make any representation or warranty about the safety or soundness of any cross-chain bridge.
7.5.Digital Assets will be irretrievably lost if sent to the wrong address. For instance, if the address is improperly formatted, contains an error, or for a different type of Digital Asset.
7.6.Blockchain networks and Digital Assets may be subject to forks or attacks on the security, integrity, and/or operation of the networks, including any network events. These events may affect features, functionality, operations, use, or properties of any Digital Asset or network and/or the value of any Digital Asset.
7.7.You understand and acknowledge that Digital Assets, the Services, the Platform, and/or Blockchain Protocol may be targeted by malicious persons or groups who attempt to disrupt the Services or steal Digital Assets through nefarious means including via malware, hacking, phishing, double spending, smurfing, spoofing, sybil attacks, social engineering, majority mining, mining attacks, distributed denial of service, and blockchain forks.
7.8.The public nature of the Internet means that parts or the Internet may be unreliable or unavailable at any given time. Interruption, delay, corruption, loss of data, the loss of confidentiality or privacy through the course of data transmission, or malware transmission may occur when transmitting data via the Internet or other technology. This can result in your transaction(s) not being executed according to your instructions, at the requested time, and/or not at all. No technology is completely secure or safe. 7.9.Digital Assets may decrease in value or lose all value, in a short period of time or permanently, due to various factors including, without limitation, government or regulatory activity, the discovery of wrongful or illegal conduct, market manipulation, price distortion, insider dealing, market distortion, malicious wrongdoing or behaviors, changes to the Digital Asset’s nature or characteristics, suspension, or cessation of support for a Digital Asset by exchanges, public opinion, technical advancements, macroeconomic and political factors, and other factors outside of our control.
7.10.Digital Assets stored in your Wallet, in any stacking mechanism, Third Party Application, or otherwise via the Platform or Services are not protected by any deposit protection scheme and have a reduced level and type of protection compared to fiat and other asset classes that may receive such protections.
7.11.The creation of any Blockchain Protocol may be abandoned for reasons including without limitation, lack of interest, funding, incapacitation of key developers or project members, lack of commercial success or prospects, or Force Majeure Event (defined below). You understand that there are no assurances regarding any benefit to interacting with the Services.
7.12.The Services may undergo significant changes over time. We may also limit control over how other visitors and/or users can use the Services and what services are offered on or through the Platform. This could create the risk of the Services not meeting your expectations, for any number of reasons, including mistaken assumptions or analysis, a change in the design and/or implementation plans, or execution on or through the Services.
7.13.Blockchain transactions like Digital Asset transactions rely on smart contracts stored on various blockchains, cryptographic tokens generated by smart contracts, and other nascent software, applications, and systems that interact with blockchain-based networks. Such technologies are experimental, speculative, inherently risky, and subject to change. A defining feature of blockchain technology is its entries are immutable, which means, as a technical matter, they generally cannot be deleted or modified by anyone. You acknowledge and understand smart contracts dictate how funds and ownership of Digital Assets are distributed.
7.14.You understand that smart contract transactions automatically execute and settle, and blockchain-based transactions are irreversible when confirmed. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase dramatically at any time. You further acknowledge and accept the risk, where applicable, of selecting your slippage rate which expose you to additional cost or fees by the underlying blockchain network.
7.15.We may run promotional campaigns from time to time that are sponsored by our business partners with higher annual percentage rates to benefit users. These higher rates may be temporary and you should consider whether the relevant offer still meets your needs once the interest rate reverts to its normal level after the promotional period.
7.16.Margin trading is risky and is not suitable for everyone. Before you access or use the Exchange Services, it is imperative that you understand the specific risks. You should examine your investment objectives, financial resources and risk tolerance to determine whether seeking a loan against all or a portion of your Digital Assets held within your Synthetix Trading Account is appropriate for you. In particular: (a) the increased leverage that margin provides may heighten both the risks and rewards of trading eligible assets;  (b) if the eligible Digital Assets stored in your Synthetix Trading Account decline in value, so may the value of the collateral that supports your open positions. 7.17.Your failure to satisfy a margin call may require your position to be liquidated. In the event of a liquidation event, you will lose all of the eligible Digital Assets held in your Synthetix Trading Account and may have a negative balance that is subject to interest charged on the deficit amount that was unable to be repaid via the sale of all of your eligible collateral.
7.18.As Digital Asset markets are open 24 hours a day, 7 days a week, margin calls and liquidations may occur at any time, including outside of normal business hours. Any sale of Digital Assets may change your asset allocation and may result in capital gains that are subject to capital gains tax. You do not have a right to an extension of time to meet margin requirements.
7.19.You acknowledge the inherent financial risks of participating in the Services, Third Party Services, and any other product or service, which includes the complete loss of all funds and a deficit repayable in accordance with the then applicable loan repayment rate to us, notwithstanding the underlying reason including market volatility, smart contract risks, or liquidity pool performance. You are fully responsible for any losses incurred and agree to only use funds that you can afford to lose.
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8.Acknowledgements and Covenants
By accessing or using the Services and/or the Platform, you acknowledge, agree, represent, and warrant, in each case as applicable, each of the items contained in this Section.
8.1.You represent and warrant that you have received a copy of, have carefully read, understand, accept, and agree to assume all of the risks involved with the Services, the Platform, Digital Assets, Third Party Services, Third Party Applications, Wallets, and all other products and services related therewith including the risks specifically set forth in this Agreement. You agree that we will not be liable to you for any loss, damage, expense, or liability that is or may relate to any of the risks specifically set forth in this Agreement. You represent and agree that you are able to bear any financial or other loss associated with or that may otherwise relate to your access or use of the Services.
8.2.You represent and warrant that you are not relying on (and will not at any time rely on) any communication or information we or anyone on our behalf may make, whether written or oral,  as advice or as a recommendation to engage in any transaction or interaction involving the Services.
8.3.You acknowledge and agree that we have not: (a) given any guarantee or representation as to the potential success, return, effect, or benefit (either legal, regulatory, tax, financial, accounting, or otherwise) of transacting in Digital Assets, staking, margin trading, entering into perpetual futures transactions, accessing the Platform, or otherwise using any other service we may provide; and (b) made any representation to you regarding the legality of transacting in Digital Assets, margin trading, entering into a perpetual futures transaction or any other derivative service, staking, restaking, and/or using any of the other services or applications we or a third party may make available in connection with these Terms.
8.4.You acknowledge and agree that we do not provide investment advice and any content on the Services or other communication channel should not be considered as tailored investment advice. You must seek professional advice regarding your particular financial, legal, technical, and other conditions prior to commencing your use of the Services. You represent and warrant that you fully understand all risks associated with using the Services and you have the necessary experience, understanding, and risk tolerance for using the Services including the necessary experience and knowledge to enter into any use or transaction regarding the Services. You acknowledge and accept any and all risks regarding the Services and are responsible for conducting your own independent analysis of the risks specific to your access or use of the Services.WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR PARTICIPATION IN THE SERVICES, PLATFORM, REWARDS, ANY THIRD PARTY SERVICE, OR THIRD PARTY APPLICATION, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH US HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.
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9.Prohibited Use and Representations
You may not access or use the Services to engage in any of the following categories of activity (each a “Prohibited Use”). The specific types of activities listed below are representative, but not exhaustive.
9.1.Unlawful Activity. Activity which, in any way, would violate, or assist in violation of, any law, statue, ordinance, or regulation, sanctions programs administered in the countries where we offer the Services, or which would involve proceeds of any unlawful activity; publish, distribute, or disseminate any unlawful material or information.
9.2.Abusive of Others. Interfere with another individual’s access to or use of the Services including but not limited to exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content; defame, abuse, extort, harass, stalk, threaten, or otherwise violate or infringe the legal rights of others; ask for personally identifiable information, or otherwise; transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; to impersonate or attempt to impersonate Synthetix, an employee, another user, or any other person or entity (including, without limitation, by using email addresses, screen names, similarly named or commonly misspelled URLs, or associated blockchain identities); engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services; incite, threaten, encourage, or promote hate, racial intolerance, or violent acts against others.
9.3.Fraud. Activity which operates to deceive or defraud, or attempt to deceive or defraud, us, any users or any other person, including without limitation providing any false, inaccurate, or misleading information whether directly through the Services or through an external means that affects the Services with the intent to unlawfully obtain the property of another or to provide knowingly or recklessly false information, including in any way that causes inaccuracy among the content on the Services.
9.4.Abusive Activity. To cause the Services, the Platform underlying blockchain network(s) or technologies, or any other functionality with which the Services interact, to work other than as intended; damage our reputation, or impair any of our legal rights or interests; engage in any activity or behavior that violates any applicable laws concerning, or otherwise damages, the integrity of the Services or any other service or software which relies on the Services; use the Services in any manner that could disable, overburden, damage, impair, or interfere with the Services, including the ability to engage in real time activities through the Services; use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services; attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services or information in connection with the Services is stored, or any server, computer, or database connected to the Services, including any underlying blockchain; through the use of a VPN software or any other privacy or anonymization tools or techniques intended to circumvent, or attempt to circumvent, any restrictions that apply to the Services.
9.5.Intellectual Property Infringement. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable law or regulation or that otherwise may be in conflict with these Terms; engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, software, or other licensed materials without the appropriate authorization from the rights holder; use of our intellectual property, name, or logo, including use of any of our trade or service marks, without our express consent or in a manner that otherwise harms us or our brand; any action that implies an untrue endorsement by or affiliation with us.
9.6.Representations and Warranties. Without limitation to any other term or condition in these Terms, you represent and warrant to us that: (a) you will not engage in any Prohibited Use; (b) you will abide by any and all applicable laws of the jurisdiction where you are located, all local, national, and international practices regarding Internet use, and all network agreements, rules, and procedures related to or in connection with the Services; (c) your interactions and transactions in connection with the Services will comply with applicable law and regulation in your jurisdiction; (d) you have obtained sufficient information about the Services, Digital Assets, Rewards, Digital Asset Wallets, the Platform, and all other services, applications, and features directly related to or in connection with the Services to make an informed decisions in regard to your use of the Services;  (e) you will bear the full responsibility for any and all activities that occurs in connection with your use or access to the Services including, without limitation: (i) any transaction or interaction on the Platform or in connection with the Services; (ii) disclosing or publishing information; (iii) clicking to agree with various agreements; and (iv) uploading and submitting various documents or information; and (f) you are the legal and rightful owner of the Digital Assets in the Digital Asset Wallet, and any and all Digital Assets you use in connection with the Services.
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10.Changes, Suspension, and Termination
10.1.Service Stoppage. We may, at our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, all or any part of the Services provided to you. You acknowledge that our decision to take certain actions including limiting, suspending, or terminating your access to the Services, may be based on our confidential criteria that are essential to our risk management and security protocols. You agree that we are under no obligation to disclose the details of our risk management and security procedures to you.
10.2.No Liability. We will not be liable for any losses suffered by you resulting from any modification of the Services or the Platform or from any suspension or termination of your access to all or a portion of the Services. You acknowledge that Digital Asset values may fluctuate during any period during which the Services have been suspended and agree that we will have no liability for any such fluctuations. You acknowledge and agree that in the event of permanent suspension or termination of the Services, the Digital Assets associated with your Synthetix Account may be lost and that we will have no liability for any such losses. You agree to indemnify and hold us and our affiliates, licensees, employees, agents, contractors, advisors, and service providers harmless from any claims resulting from any action taken by us and/or any of the foregoing parties during or taken as a consequence of any of the foregoing.
Effect of Termination. In the event the revocation of your limited license to access or use the Services, in addition to any and all remedies at law or equity, we may: (a) block your Wallet from accessing the Services and any part of the Platform; (b) delete, deactivate, or disable your Synthetix Trading Account  and all related information and/or materials associated therewith, without liability to you; (c) cancel any open transaction, or other use of the Services that are pending at the time of discontinuation or termination; (d) in the event that your access is terminated due to a Prohibited Use, you will be subject to immediate sanction, including without limitation subjecting to disgorgement and/or recoupment by us of any and all Rewards; and/or (e) any and all other amounts payable by you to us will immediately become due and payable.
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11.Intellectual Property Rights
11.1. Intellectual Property rights. The Services, Platform, and any and all features, tools, and functionality including all information, software, text, displays, images, video, and audio, the design, selection, and arrangement thereof, and the “look and feel” of the Services, except any open source software, are owned by us (“Synthetix Materials”), our licensors, affiliates, or service providers and are protected by applicable and/or international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
11.2.  Limitations on Use. In connection with your use of the Services, you may use the Synthetix Materials solely as authorized by us for as long as we permit you to continue accessing the Services. Without limiting the foregoing, you agree not to: (a) resell, lease, lend, share, distribute, or otherwise permit any third party to use the Services, Synthetix Materials; (b) modify or create derivative works of the Services or Synthetix Materials, or any portion thereof, or any data or information received by you in connection therewith; (c) frame, display, or incorporate the Services or Synthetix Materials in any website or any other work of authorship; (d) decompile, disassemble, reverse engineer, or attempt to discover the source code of the Services or Synthetix Materials; (e) use the Services or Synthetix Materials to design, develop, or create any competing product or service; (f) use the Services or Synthetix Materials for any commercial or noncommercial purpose other than their intended purposes determined at our sole discretion; (g) suggest, imply, or misrepresent any affiliation, connection, or partnership with, or endorsement by, Synthetix; or (viii) use the Services or Synthetix Materials in any service bureau environment.
11.3.Rights We Grant You. We hereby permit you to use and access the Services, provided that you comply with these Terms. If any software, content, or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you a non-sublicensable, non-transferable, and non-exclusive right and license to execute, access, and display such software, content, and materials provided to you as part of the Services, in each case for the sole purpose of enabling you to use the Services as permitted by these Terms.
11.4.Reservation of Rights. If your use or access to the Services is in breach of these Terms, your right to access the Services will stop immediately and you must, at our sole option, return or destroy any copies of the materials that you made directly or indirectly from the Services. No right, title, or interest in or to the Services is transferred to you, and all rights not expressly granted are reserved by us. You may freely use any open-source materials up to the limits provided, but in accordance with any requirements placed, by those materials’ open-source licenses. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other applicable laws.
11.5.Trademarks. Our legal name, the term “Synthetix,” “Synthetix.io,” and any and all other related names, logos, product and/or service names, designs, and slogans are trademarks of Synthetix, its affiliates, or licensors. You agree to follow all brand guidelines published by us here.
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12.Content, Feedback, and Relationship
12.1.Platform Content. We do not warrant the accuracy, completeness, or usefulness of any materials or information that we or a third party present on or through the Services and such information is made available solely for general information and education purposes. Any material, content, or information posted to the Services and/or the Platform should not be construed as an intention to form a contract, and in no case should any information be construed as an offer from Synthetix to buy, sell, exchange, or otherwise transact with you using Digital Assets. We disclaim all liability and responsibility arising from any reliance placed on such information or materials by you, any other user or person who may be informed of any of the Services contents, or by the actions or omissions of others interacting with the Services. 12.2.Feedback. Any questions, suggestions, ideas, feedback, reviews, or other information or materials regarding the Services that you provide us with (collectively, “Feedback”) are non-confidential. Synthetix will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise without acknowledgment, attribution, or compensation to you. You hereby assign to Synthetix all right, title, and interest to Feedback together with all associated intellectual property rights and waive any claim for, acknowledgement or compensation based on any Feedback or any modifications made based on any Feedback.
12.3.Relationship. Synthetix is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in your use of the Services. Synthetix does not provide investment, tax, or legal advice, and you are solely responsible for any transaction, investment, strategy, decision, or other act that you make when using the Services. We may provide educational material or information on the Platform, through the Services, social media account, or other channel of communication. No communication or information provided to you by Synthetix is intended as, or shall be considered or construed as, advice. You acknowledge and agree to the fullest extent such duties or liabilities are afforded by law or by equity, such duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated, and that we shall be held completely harmless in relation thereof.
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13.Charges and Fees
We may, in our sole discretion and at any time, set or modify the fees for any or all of the Services. Except as required by law, fees are non-refundable.
13.1.Our Fees. You agree to pay us all applicable fees associated with your use of the Services. We may change the fees and any fee schedule at any time, without notice. Any fee we charge may vary between Digital Assets or Digital Asset Pair, funding rates, and any other applicable amounts.
13.2.Third Party Fees. You may be charged for your access or use of a Blockchain Protocol, Third Party Application, Third Party Service, or any other service or application you interact with and that is provided by a third party. You are responsible for doing your own diligence on any third party interface to understand any applicable fee or charge that the third party interface provider may charge you. Under no circumstances will Synthetix incur any liability, of any kind, to you arising from or relating to fees charged to you by your access or use to a Blockchain Protocol via a third party interface or any other third party service.
13.3.Blockchain Fees. Blockchain transactions require the payment of transaction fees to the appropriate network’s nodes, miners, validators, or operators (“Blockchain Fees”). You will be solely responsible to pay the Blockchain Fees for any transaction that you initiate via the Services. Blockchain Fees are determined by your use of the Services. You acknowledge and agree that Synthetix has no control over Blockchain Fees (including without limitation their applicability, payment, amounts, transmission, intended operation, and effectiveness) whether related to your use of the Services or otherwise, and in no event will Synthetix be responsible to you or any other party for the payment, repayment, refund, disbursement, indemnity, or for any other aspect of your use or transmission of Blockchain Fees.
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14.Warranty Disclaimer
We do not control any particular Digital Asset, Blockchain Protocol, or other blockchain application. You are responsible for your use of the Services, the functionalities that you enable, transactions engaged on the Protocol through the Services, and access or use of the information derived thereof. You are also solely responsible for complying with all applicable laws related to transactions and activities that directly or indirectly incorporate our provision of the Services. You acknowledge and understand that we are not registered nor licensed with, nor have the Services or the software contained therein been reviewed by any securities, commodities, or other financial or banking regulator. You further acknowledge and understand that we cannot and do not guarantee or warrant that files available for download from the Services will be free of viruses or other destructive code.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NOT EVENT WILL SYNTHETIX, ITS AFFILIATES, AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, MAN-IN-THE-MIDDLE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, PLATFORM, OR SYNTHETIX MATERIALS, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF SYNTHETIX THROUGH THE SERVICES, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD PARTY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES AND ANY SERVICE CONTENT IS AT YOUR SOLE RISK. THE SERVICES, SYNTHETIX MATERIALS, PLATFORM, SYNTHETIX PROTOCOL, REWARDS, AND ANY OTHER SERVICE, PRODUCT, FEATURE, OR SOFTWARE, PROVIDED BY OR ON BEHALF OF SYNTHETIX  ARE PROVIDED ON AN “AS IS’’ AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, IN NOT EVENT WILL SYNTHETIX, ITS AFFILIATES, AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR, AND EXPLICITLY DISCLAIM, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATED THE SERVICES, SYNTHETIX  MATERIALS, PLATFORM, PROTOCOL, REWARDS, AND ANY OTHER SERVICE, PRODUCT, FEATURE, OR REWARD, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (WITHOUT LIMITATION) THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER SYNTHETIX , ITS AFFILIATES, AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE  SERVICES, SYNTHETIX  MATERIALS, THE PROTOCOL, THE PLATFORM, AND/OR ANY PRODUCT, SERVICE, FEATURE, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF SYNTHETIX .
SYNTHETIX, ITS AFFILIATES, AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES DO NOT REPRESENT OR WARRANT THAT: (A) ACCESS TO THE SERVICES, SYNTHETIX  MATERIALS, THE PLATFORM, THE PROTOCOL, AND ANY OTHER PRODUCT, SERVICE, FEATURE, REWARD, OR ITEM PROVIDED BY OR ON BEHALF OF SYNTHETIX  WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, WITHOUT DELAY, ERROR-FREE, SECURE, OR FREE FROM DEFECTS; (B) THE INFORMATION CONTAINED OR PRESENTED ON THE SERVICES, SYNTHETIX  MATERIALS, THE PROTOCOL, OR THE PLATFORM IS ACCURATE, RELIABLE, COMPLETE, CONCISE, CURRENT, OR RELEVANT; (C) THE SERVICES, SYNTHETIX  MATERIALS, PLATFORM, PROTOCOL, REWARDS, AND ANY OTHER SERVICE, PRODUCT, FEATURE, REWARD, OR ANY SOFTWARE CONTAINED THEREIN WILL BE FREE FROM DEFECTS, MALICIOUS SOFTWARE, ERRORS, OR ANY OTHER HARMFUL ELEMENTS, OR THAT ANY OF SUCH WILL BE CORRECTED; OR (D) THE SERVICES, SYNTHETIX MATERIALS, PLATFORM, PROTOCOL, REWARDS, AND ANY OTHER SERVICE, PRODUCT, FEATURE, OR REWARD, WILL MEET ANY USER’S EXPECTATIONS. NO INFORMATION OR STATEMENT THAT WE MAKE, INCLUDING DOCUMENTATION OR PRIVATE COMMUNICATION, SHOULD BE TREATED AS OFFERING ANY WARRANTY CONCERNING THE SERVICES, SYNTHETIX  MATERIALS, PLATFORM, PROTOCOL, REWARDS, AND ANY OTHER SERVICE, PRODUCT, FEATURE, OR REWARD PROVIDED BY OR ON BEHALF OF SYNTHETIX . WE DO NOT ENDORSE, GUARANTEE, OR ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY CONTENT, ADVERTISEMENTS, OFFERS, STATEMENTS, OR ACTIONS BY ANY THIRD PARTY EITHER REGARDING THE SERVICES, SYNTHETIX MATERIALS, THE PLATFORM, THE PROTOCOL, REWARDS, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF SYNTHETIX. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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15.Indemnification
You agree to defend, indemnify, and hold harmless Synthetix, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of Services; (c) your interactions or transaction with or on the Platform, through the Services, or any other service, product, application, program, or feature accessible on or through the Services; (d) your use of or reliance on the Platform’s content, the Services, Synthetix Materials, and/or any other services or products other than as expressly authorized in these Terms; (e) your access or use of a Third Party Service including any liquidity aggregator; (f) engaging in any Prohibited Use, whether alone or in concert with others such as front-running; (g) any third party’s access or use of the Services with or without your assistance, using any device, account, profile, Digital Asset Wallet, or other mechanism that you own or control; (h) your use of any Software Development Kit (“SDK”), Command-Line Interface (“CLI”), or other software offered by us or provided through the Platform or Services; and/or (i) any actions or inactions we directly or indirectly make in connection with recovery of your Digital Assets.
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16.Limitation Of Liability; Disclaimer of Damages
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SYNTHETIX, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE SERVICES, SYNTHETIX MATERIALS, THE PLATFORM, THE PROTOCOL, AND/OR ANY PRODUCT, SERVICE, REWARD, DIGITAL ASSET, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF SYNTHETIX, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS DISCLAIMER OF LIABILITY EXTENDS TO ANY AND ALL DAMAGES CAUSED BY ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY FRAUD, DECEIT, OR MANIPULATION), WHETHER OR NOT A USER, OR ANY FAILURE, EXPLOIT, OR  VULNERABILITY OF THE SERVICES, THE PLATFORM, THE PROTOCOL, SYNTHETIX MATERIALS, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF SYNTHETIX.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SYNTHETIX, AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID DIRECTLY TO SYNTHETIX FOR THE SERVICES IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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17.Dispute Resolution And Mandatory Arbitration
Please read this section carefully because it waives any right to participate in any class action or other representative action or proceeding. This section requires you to arbitrate certain disputes and limits the ways in which you can seek relief, including by precluding you from suing in court or having a jury trial.
17.1.Waiver of Class Actions and Right to Jury Trial. To the extent permissible by law, any claim, controversy, or dispute arising out of or related to this Agreement, or any products or services provided in connection with the Services (each a “Dispute”) must be brought in your individual capacity, and not as a plaintiff or class member in any putative class, collective action, or representative proceeding (collectively “Class Action Waiver”). The arbitrator may not consolidate more than one person’s claims or engage in any arbitration on behalf of a class. You agree that, by entering into this Agreement, you are waiving the right to a trial by jury and the right to participate in a class action.
17.2.Informal Resolution. Before filing a claim against Synthetix, you agree to try to resolve the Dispute by first emailing disputes@snxdao.io with a description of your claim and proof of your relationship with Synthetix. If we can’t resolve the Dispute within sixty days of our receipt of your first email, you or Synthetix may then submit the Dispute to binding arbitration as provided herein.
17.3.Arbitration Agreement. All Disputes between you and Synthetix must be resolved by final and binding arbitration. By agreeing to binding arbitration, you and Synthetix expressly waive the right to formal court proceedings including without limitation trial by jury and class action. This Agreement affects interstate commerce, and the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act 9 U.S.C. § 1, et. Seq. (“FAA”).
17.4.Conducting Arbitration. The arbitration shall be conducted by the International Chamber of Commerce (“ICC”) under its Commercial Arbitration Rules (“ICC Rules”) then in effect. If you are a consumer, the most recent version of the ICC Rules can be accessed here. These Terms shall govern any conflict between the ICC Rules and these Terms. The location and type of hearing shall be determined in accordance with the ICC Rules. Further, a party’s right to request a hearing shall also be determined in accordance with the ICC Rules. Unless otherwise ordered by an arbitrator or pursuant to the ICC Rules, any in-person arbitration shall be in English and held remotely to the maximum extent and administered in New York, New York, or another mutually agreeable location.
17.5.Confidentiality. Synthetix, the arbitrator, and you, will each maintain the confidentiality of any arbitration proceedings, judgments, and awards including information shared and produced during the arbitration.
17.6.Arbitration Time for Filing. Any arbitration must be commenced by filing a demand for arbitration within one year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. If a claim is not filed within such period, the Dispute is permanently barred.
17.7.Severability. If any portion of this section is found to be unenforceable or unlawful for any reason, the unenforceable or unlawful provision shall be severed from these Terms and such severance of the provision(s) shall have no impact whatsoever on the remainder of this section. Further, to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Lastly, if any provision in this section is found to prohibit an individual claim seeking public injunctive relief, such provision shall have no effect to the extent relief is allowed to be sought outside of arbitration. The remainder of this section shall remain in full force and effect.
17.8.Modification. Notwithstanding any term or provision in this Agreement to the contrary, you and Synthetix agree that if Synthetix makes any future material change to this section, we will notify you. Your continued use of the Services including the acceptance of features and services offered following the posting of changes constitutes your acceptance of any such changes.
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18.Governing Law
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of Panama without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. You agree that Synthetix may initiate a proceeding relating to the enforceability or validity of its intellectual property rights in any court of competent jurisdiction. With respect to any other proceeding not subject to arbitration under this Agreement, the courts of Panama will have exclusive jurisdiction. You waive any objection to venue in any such courts.
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19.Miscellaneous Terms
19.1.Assignment. These Terms, and any other document, material, or information referenced herein is particular to you and any attempt that you make to assign, novate, or transfer your rights, interests, liabilities, and/or obligations is null and void, unless you have received Synthetix’s prior written consent. Synthetix reserves the right to assign our rights without restriction, including without limitation to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their successors and permitted assigns.
19.2.Term and Survival. We reserve the right to change, suspend or discontinue, or terminate, restrict, or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice. All sections of this Agreement that by their nature should survive termination shall survive termination.
19.3.Nonwaiver of Rights. Our failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
19.4.Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation, or any governmental agency whether local, state, or federal, such provision shall be interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law, and the validity or enforceability of any other provision of the Terms shall not be affected.
19.5.Headings. Headings of sections are for convenience only and shall not be used to limit or construe such sections.
19.6.Force Majeure. You acknowledge and consent that the Services are provided by us according to our current technological capability and other business conditions. While we have made every effort to ensure continuity and security of the Services, we are unable to completely foresee and hedge against all legal, technological, and other risks.  Synthetix will not be held liable for delays, failure in performance, or interruption of Services that result directly or indirectly from any cause or condition beyond our reasonable control. Such instances include: (a) acts of God such as earth earthquakes, fires, cyclones, explosions, typhoons, monsoons, landslides, lightning, storms, tempests, pandemics, droughts or meteors; (b) acts of war, whether declared or undeclared, including invasion, act of a foreign enemy, hostilities between nations, civil insurrection, or militarily usurped power; and acts of terrorism; (c) civil disorder, such as acts of a public enemy, malicious damage, terrorism, sabotage, or civil unrest; (d) embargoes or sanctions (such as confiscation, nationalization, requisition, expropriation, prohibition, restraint or damage to property by or under the order of any government or governmental authority; (e) unnatural disasters, such as ionizing radiation or contamination by radioactivity from any nuclear waste or from combustion of nuclear fuel; (f) labor disputes, including strikes, blockades, lock-outs, or other industrial disputes; (g) failure of telecommunication outlets, including the internet, communications networks and facilities, or other infrastructure, systems, operations or of equipment relevant to the provision or use of the Services; (h) data breaches or data-processing failure or incomplete processing; and/or (i) changes in laws or regulations that may materially affect the Digital Assets and/or blockchain industries (collectively, “Force Majeure Events”).
19.7.Taxes. It is your sole responsibility to determine whether and to what extent any taxes apply to activity you conduct through the Services; and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. No communication or information provided to you by Synthetix is intended as, or considered or construed as, legal or tax advice.
19.8.Notice. Any notices or other communications provided by us under these Terms including those regarding modifications to these Terms will be posted online, in the Services, or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices, and disclosures that we provide in connection with your use of the Services.
19.9.Privacy. To understand how Synthetix collects, uses, and shares information about you, please review our Privacy Policy.
19.10.Third Party Beneficiaries. Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties and their successors and permitted assigns, any of the rights hereunder.
19.11.Entire Agreement. These Terms and every other term or provision applicable to you, including any document incorporated by reference herein, constitute the entire agreement and understanding between you and Synthetix as to the subject matter hereof, and supersede any and all prior discussions, agreements, and understandings of any kind (including any prior versions of these Terms). Unless otherwise specifically stated, these Terms govern and control any conflict between these Terms and any other agreement you may have with Synthetix.
19.12.Translation. These Terms are set forth in the English language and all communications including any notices or information being transmitted shall be in English. In the event that these Terms or any part of it is translated (for any proceedings, for your convenience, or otherwise) into any other language, the English language text of these Terms shall prevail.
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