Legal Disclaimer
Please read this disclaimer carefully before using https://cellana.finance (hereinafter referred to as the "Website", and the services offered therein as "Our Services").
The terms of use of the Website contained herein (the "Terms of Use") are entered into by and between the Website user ("You") and Cellana Finance (hereinafter referred to as the "Foundation" or "We/Our/Us").
By using the Website and clicking past this legal disclaimer page, you confirm that you accept this legal disclaimer, the Terms of Use and agree to comply. If you do not agree, you must not use the Website.
To be eligible to use or access the Website and/or the Platform, including any Services offered on or through them, you must be of legal age to enter into a binding contract (at least 18 years old in most jurisdictions or the applicable age of majority and contractual capacity in your country of residence). By accessing or using the Website and/or the Platform, including any Services offered on or through them, you represent and warrant that you are of legal age to enter into a binding contract. If you are accessing or using the Website and/or the Platform, including any Services offered on or through them, on behalf of a legal entity, you represent and warrant that such legal entity is duly organized and validly existing under the applicable laws of its jurisdiction and that it authorizes you to act on its behalf.
Usage restrictions
By accessing or using the Website or Our Services, you hereby confirm and agree that:
Any person or entity, including anyone acting on their behalf, that is based, domiciled, located, or incorporated in, or is a citizen, resident, or green card holder of any territory under the jurisdiction of the United States of America (including any state or the District of Columbia), Canada, Republic of Korea, Singapore, the People’s Republic of China, Albania. You are not currently residing in Afghanistan, Belarus, Bosnia and Herzegovina, Burundi, Central African Republic, Democratic Republic of Congo, Cuba, Ethiopia, Guinea, Guinea-Bissau, Haiti, Iran, Iraq, North Korea, Lebanon, Libya, Mali, Moldova, Montenegro, Myanmar, Nicaragua, Niger, Russia, Serbia, Somalia, South Sudan, Sudan, Syria, Tunisia, Turkey, Ukraine, Venezuela, Yemen, Zimbabwe, or any other specifically designated OFAC sanctions listed jurisdiction; and
Your access to and use of the Website and Our Services is lawful in your country of residence in the way you access and use them.
Usage risks
The Website will not be responsible for any losses, damages, or claims arising from events falling within the scope of events like, but not limited to: mistakes made by the user (e.g., payments sent to wrong addresses), software problems of the Website or any related software or service (e.g., malware or unsafe cryptographic libraries), technical failures (e.g., hardware wallets malfunction), security problems experienced by the user (e.g., unauthorized access to wallets), actions or inactions of third parties (e.g., bankruptcy of service providers, information security attacks on service providers, and fraud conducted by third parties).
To access the Website or some of the resources it offers, you may be asked to provide an Ethereum wallet address "Wallet". Our Website does not collect, nor store this information.
Investment risks
The investment in cryptocurrencies involves a high degree of risk and can lead to loss of money and prices having large range fluctuations. The information published on the Website cannot and does not guarantee that amounts invested will not be lost.
You are responsible for understanding all risks, doing Your own due diligence, and making Your own decision on how to interface with the Website.
Compliance with tax obligations
The users of the Website are solely responsible to determinate what, if any, taxes apply to their cryptocurrency holdings. The owners of, or contributors to, the Website are NOT responsible for determining the taxes that apply to user transactions.
No warranties
The Website is provided on an "as is" basis without any warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that availability, accessibility, or use of the Website and/or any content, data, materials or services provided hereon will be uninterrupted or error-free.
Website functionality is not guaranteed and could be disabled fully or in part without prior notice.
Disclaimer of Responsibility. We and our indemnified parties are not responsible for any injury, damage, loss, or unauthorized access or use of the Services. The Services may contain audio-visual effects, strobe lights, or other materials that may affect your physical senses and/or condition. We and our indemnified parties are not liable for any loss or damage caused by another user's conduct, unauthorized actors, or any unauthorized access or use of the Services. We also disclaim any representation, warranty, or undertaking regarding the truth, accuracy, and completeness of the information in this Agreement and the project documentation. We are not responsible for the cryptocurrency market or the value of cryptographic tokens. The value of cryptographic tokens can be volatile, and we are not liable for any losses incurred by holding or trading cryptographic tokens. We make no representations or warranties concerning the quality, suitability, usefulness, accuracy, or completeness of the Services or any materials therein.
No Financial Advice. We do not provide investment advice in any manner. Any information available on the Website and the Platform should not be construed as providing investment or financial advice. It is recommended that you seek independent financial and/or investment advice and conduct your own research before using our Website, Platform, or Services. Any decisions or investments based on the content of the Website are your sole responsibility.
Security
Security audits don't eliminate risks completely. The Website is not guaranteed to be secure or free from bugs or viruses.
Reliance of User on Information Posted
Information Accuracy. The information presented on the Website, the Platform, or the Services is provided for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility for any reliance placed on such materials by you, other visitors to the Website, or anyone informed of its contents.
Corrections. There may be instances where the Website or the Platform contains typographical errors, inaccuracies, or omissions, including in descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website or the Platform at any time, without prior notice.
Third-Party Content. The Website, the Platform, or the Services may include content provided by third parties, such as materials from other users, bloggers, third-party licensors, syndicators, aggregators, or reporting services. Any opinions or statements expressed in these materials, including articles, responses to questions, and other content, are solely the opinions and responsibility of the person or entity providing them. They do not necessarily reflect the opinion of the Company. We are not responsible or liable for the content or accuracy of any materials provided by third parties.
Advertisers. Certain areas of the Website or the Platform may display advertisements and other information from advertisers, such as sidebar advertisements or banner advertisements. If you are an advertiser, you are fully responsible for the advertisements you place on the Website or the Platform, as well as any services or products sold through those advertisements. As an advertiser, you warrant and represent that you have the necessary rights and authority to place advertisements, including intellectual property rights, publicity rights, and contractual rights. We only provide the space to display such advertisements and have no other relationship with advertisers.
Links to Third-Party Websites. The Website or the Platform may contain links to other websites and resources provided by third parties. These links are provided for your convenience only, including links within advertisements such as banner advertisements and sponsored links. We have no control over the content of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you choose to access any third-party websites linked to the Website or the Platform, you do so at your own risk and subject to the terms and conditions of those websites.
Limitation of liability
To the fullest extent allowed by applicable law, in no event shall the owners of, or contributors to, the Website be liable for any damages of any kind, including, but not limited to, indirect, special, incidental, punitive, or consequential damages of any kind, including damages for loss of use, loss of profits, business interruption, loss of goodwill, or loss of data arising out of or in any way connected with the use of the Website.
Disclaimer of Damages. To the fullest extent permitted by applicable law, neither the Company nor any associated parties shall be liable for any indirect, special, incidental, consequential, punitive, or exemplary losses or damages of any kind arising out of or in connection with this Agreement, the use of the Website, the Platform, and/or the Services, or otherwise related to these Terms. This includes, but is not limited to, loss of revenue, income, profits, diminution of value, loss of use or data, loss or depletion of goodwill, loss of business opportunity, loss of contract, damages for business interruption, loss of anticipated savings, or similar damages. This limitation applies regardless of the form of action, whether based in contract, tort (including negligence), or any other legal or equitable theory, even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable.
No Liability for Certain Events. Additionally, no party shall be liable for any damages caused in whole or in part by user error, server failure or data loss, blockchain or crypto asset network malfunctions, changes in value of any crypto asset, changes in law or regulation, events of force majeure, or any actions of third parties.
Liability for Misuse of Tokens. To the fullest extent permitted by applicable law, neither the Company nor any associated parties shall be liable for the use of cryptographic tokens, tokenized assets, or traditional assets (such as stocks or commodities) on the Website, the Platform, or the Services in a manner that violates legal rights, promotes illegal activity, causes harm or harassment, infringes on privacy rights, or engages in any unauthorized or improper activities.
Use of Services at Your Own Risk. Access to and use of the Services, products, and third-party sites and products are at your own discretion and risk. You will be solely responsible for any damage or loss of data resulting from such use. In no event will the cumulative liability of the Cellana.Finance indemnified parties to you or any other user exceed a certain amount.
No Virtual Currency as Damages. Under no circumstances shall any Cellana.Finance indemnified party be required to deliver virtual currency as damages or provide specific performance. If damages are calculated based on the value of virtual currency, both parties agree that the calculation shall be based on the lowest value of the virtual currency during the relevant period.
Exceptions to Limitations. The limitations set forth in this clause shall not limit or exclude liability for gross negligence, fraud, or intentional, willful, or reckless misconduct of the Company.
Jurisdictional Variations. Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the limitations in this clause may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliates, service providers, officers, directors, agents, employees, representatives, partners, and licensors (collectively referred to as "Indemnified Parties") from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to: (a) your breach or alleged breach of the Agreement, including these Terms; (b) any content or contribution you provide to the Services; (c) your misuse of the Website, the Platform, the Services, or any associated smart contracts or scripts; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (e) your infringement upon the rights of any third party, including intellectual property rights, publicity rights, confidentiality rights, property rights, or privacy rights; (f) your use of a third-party product, service, or website; or (g) any misrepresentation made by you. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of any such claim. You shall not settle any claim without our prior written consent.
Arbitration
Except for disputes related to copyrights, logos, trademarks, trade names, trade secrets or patents, any dispute, controversy or claim arising out of, relating to, or in connection with Your use of the Website or Our Services, or in connection with these Terms of Use, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, shall be finally resolved by binding arbitration by the Judicial Arbitration and Mediation Services (JAMS) pursuant to its Comprehensive Arbitration Rules and Procedures. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate.
The parties agree to arbitrate solely on an individual basis, and that these Terms of Use do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.
The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of this agreement to arbitrate will remain in force.
Changes
We may revise and update the Terms of Use in this Legal Disclaimer from time to time in Our sole discretion and without notice. All changes are effective immediately when We post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that You accept and agree to the changes. You are expected to check this page from time to time so You are aware of any changes, as they are binding on You.
Third-Party Services and Content
In using this Website, You may view content or utilize services provided by third parties ("Third Parties"), including links to Web pages and services of such parties ("Third-Party Content"). We do not control, endorse, or adopt any Third-Party Content and will have no responsibility for Third-Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable in Your jurisdiction. Your business dealings and/or correspondence with such Third Parties is a matter solely between You and the Third Parties. We are not liable or responsible for any loss or damage of any sort incurred as a result of such dealings and You understand that Your use of Third-Party Content, and Your interactions with Third Parties, is at your own risk.
Retention of Intellectual Property Rights
Assignment of Intellectual Property. These Terms do not imply the assignment of any Intellectual Property rights unless explicitly defined as such within these Terms. You are not authorized to use any Intellectual Property unless you have obtained our express, prior written consent.
Ownership and Protection of Intellectual Property. The Website, the Platform, and the Services, including their design elements, concepts, and underlying Intellectual Property, such as copyrights, patents, service marks, registered trademarks, domain names, and other proprietary rights, are the property of the Company. They are protected by copyright, patent, trade secret, and other intellectual property laws. Unless expressly stated otherwise, the Company retains all rights, title, and interest in the Website, the Platform, and the Services, including all Intellectual Property rights, including copies, modifications, extensions, and derivative works. Your right to use the Website, the Platform, and the Services is limited to the rights explicitly granted in these Terms. The use of any trademarks or Company brands does not imply or grant any licenses unless expressly stated. All rights not expressly granted to you are reserved and retained by the Company.
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