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Terms and Conditions

These terms and conditions (“Terms”, “Agreement”) are an agreement between DJ3N, LLC (“DJ3N, LLC”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the Switchflip web application and any of its products or services (collectively, “Web Application”, “Services” or the “Site”).

Beta Test Agreement

This Beta Test Agreement (“Agreement”) governs the disclosure of information by DJ3N, LLC. (“Company”) to you (“User”, “you”, “your” or the “Recipient”) and Recipient’s use of Company’s beta service offering. This Agreement also sets forth the general guidelines and acceptable and prohibited uses of the Switchflip web application and any of its products or services (collectively, “Web Application” or “Service”).

  1. Subject to the terms and conditions of this Agreement, Company grants Recipient a nonexclusive, nontransferable license to use the Company Service for a period designated by the Company for the purpose of testing and evaluating the Service.
  2. The Recipient agrees that it will at all times will hold in strict confidence and not disclose Confidential Information (as defined below) to any third party except as approved in writing by the Company and will use the Confidential Information for no purpose other than evaluating the Service. The Recipient shall only permit access to Confidential Information to those of its employees having a need to know and who have signed confidentiality agreements or are otherwise bound by confidentiality obligations at least as restrictive as those contained herein. “Confidential Information” means all non-public materials and information provided or made available by Company to Recipient, including products and services, information regarding technology, know-how, processes, software programs, research, development, financial information and information the Company provides regarding third parties.
  3. The Recipient’s obligations under this Agreement with respect to any portion of the Confidential Information shall terminate when the Recipient can document that: (a) it was in the public domain at the time it was communicated to the Recipient; (b) it entered the public domain subsequent to the time it was communicated to the Recipient through no fault of the Recipient; (c) it was in the Recipient’s possession free of any obligation of confidence at the time it was communicated to the Recipient; (d) it was rightfully communicated to the Recipient free of any obligation of confidence subsequent to the time it was communicated to the Recipient; or (e) it was developed by employees or agents of the Recipient who had no access to any information communicated to the Recipient. After Recipient’s evaluation of the Service is complete, or upon request of the Company, the Recipient shall promptly return to the Company all documents, notes and other tangible materials and return or certify the destruction of all electronic documents, notes, software, data, and other materials in electronic form representing the Confidential Information and all copies thereof.
  4. The Recipient agrees that nothing contained in this Agreement shall be construed as granting any ownership rights to any Confidential Information disclosed pursuant to this Agreement, or to any invention or any patent, copyright, trademark, or other intellectual property right. The Recipient shall not make, have made, use or sell for any purpose any product or other item using, incorporating or derived from any Confidential Information or the Service. The Recipient will not modify, reverse engineer, decompile, create other works from, or disassemble any software programs contained in the Confidential Information or the Service.
  5. This Service is a beta release offering and is not at the level of performance of a commercially available product offering. The Service may not operate correctly and may be substantially modified prior to first commercial release, or at Company’s option may not be released commercially in the future. THE SERVICE AND DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND COMPANY AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN ADVICE OR CONSULTATION GIVEN BY COMPANY, ITS AGENTS OR EMPLOYEES WILL IN ANY WAY GIVE RISE TO A WARRANTY. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE REMAINS WITH RECIPIENT.
  6. COMPANY AND ITS LICENSORS SHALL NOT BE LIABLE FOR LOSS OF USE, LOST PROFIT, COST OF COVER, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE SERVICE OR THIS AGREEMENT, HOWEVER CAUSED AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY, OR OTHERWISE, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT RECIPIENT ACTUALLY PAID COMPANY UNDER THIS AGREEMENT (IF ANY).
  7. The Recipient’s obligations under this Agreement shall survive any termination of this agreement. This Agreement shall be governed by and construed in accordance with the laws of Wyoming. The Recipient hereby agrees that breach of this Agreement will cause Company irreparable damage for which recovery of damages would be inadequate, and that the Company shall therefore be entitled to obtain timely injunctive relief under this Agreement, as well as such further relief as may be granted by a court of competent jurisdiction. The Recipient will not assign or transfer any rights or obligations under this Agreement without the prior written consent of the Company.
  8. Recipient agrees to report any flaws, errors or imperfections discovered in any software or other materials where the Recipient has been granted access to the Beta Test. Recipient understands that prompt and accurate reporting is the purpose of the Beta Tests and undertakes to use best efforts to provide frequent reports on all aspects of the product both positive and negative and acknowledges that any improvements, modifications and changes arising from or in connection with the Recipient’s contribution to the Company, become the exclusive property of the Company.
  9. If any provision of this Agreement shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement.
  10. You acknowledge that you have read this Policy and agree to all its terms and conditions. By using the Web Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Web Application and its Services.

Accounts and membership

You must be at least 13 years of age to use this Web Application. By using this Web Application and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age. If you create an account in the Web Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

User content

We do not own any data, information or material (“Content”) that you submit in the Web Application in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review Content in the Web Application submitted or created using our Services by you. Unless specifically permitted by you, your use of the Web Application does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you and users of the platform. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

User Acknowledgements

By accessing the Site and/or using the Services, the User acknowledges and agrees to the following:

  1. Any and all transactions are final.
  2. Payments are nonrefundable and there are no refunds or credits.
  3. User is fully liable for all charges related to the Services.
  4. User acknowledges that DJ3N expressly disclaims the profitability of any Services.
  5. The Site and the Services (as defined below) provided by DJ3N are intended solely for Users who are 18 or older and who satisfy the criteria described herein.
  6. The Site and Services are operated from the United States of America, and if the User is not located in the United States of America, then by accessing the Site and/or Services, the User agrees to utilize an interface and services which are not located in, and may not be subject to the regulatory jurisdiction of, the country in which the User resides.
  7. DJ3N does not guarantee uninterrupted, secure access to any part of the Site and/or Services, and the operation thereof may be disturbed by numerous factors beyond DJ3N’s control.

User Restrictions

User acknowledges and agrees that use of the Site and/or Services shall be for non-commercial purposes. User further agrees in connection with User’s use of the Site and/or Services that User shall not:

  1. Provide false, inaccurate, or misleading information;
  2. Use, or attempt to use, the Site and/or Services to harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person or group;
  3. Partake in any transaction involving the proceeds of illegal activity;
  4. Violate or assist in the violation of any applicable law, statute, ordinance, or regulation;
  5. Intentionally try to defraud DJ3N or its Users;
  6. Take any action that interferes with, intercepts, or expropriates any system, data, or information;
  7. Transmit or upload any malicious software or program;
  8. Attempt to gain unauthorized access to other accounts, the Site or any related networks;
  9. Disrupt the Site and/or Services in any manner; or
  10. Use the Site and/or Services if User is located in, or a citizen or resident of any state, country, territory or other jurisdiction that is embargoed by the United States of America, the European Union, or where use of the Site and/or Services would be illegal or otherwise violate any applicable law.

User Representations and Warranties

The User represents and warrants that such User:

  1. has not previously been suspended or removed from using the Site or Services;
  2. is not identified as an individual who is restricted or barred from conducting banking or financial transactions, in any jurisdiction or under any applicable laws;
  3. is not a citizen or resident of any jurisdiction where use of the Site and/or Services would be illegal or otherwise violate any applicable law and that User will not use the Site and/or Services while located in any such jurisdiction;
  4. is not placed on any list of suspicious persons banned from traveling or conducting business or financial transactions in any jurisdiction;
  5. has full power and authority to agree to these Terms of Use and Service;
  6. has the necessary technical expertise and ability to review and evaluate the security, integrity and operation of any assets (defined herein below) that User decides to acquire; and
  7. has the knowledge, experience, understanding, professional advice and information to make User’s own evaluation of the merits and risks of any assets.

The Site

The Site is the exclusive property of DJ3N. The Site is protected, without limitation, pursuant to U.S. and foreign intellectual property laws, including, without limitation, copyright and trademark laws. DJ3N hereby grants the User a limited, non-sublicensable right to access and make use of the Site. The foregoing right is hereby granted to the User only to the extent such User’s indirect or direct use of the Site does not violate these Terms of Use and Service. Upon such violation, the foregoing right of access and use shall terminate immediately and without the need for any action on the part of DJ3N. The User shall not modify copy, reverse engineer, decompile, create derivative works, distribute, republish, commercially exploit, or upload any of the Site and/or the material on the Site without prior, written consent from DJ3N. No intellectual property or other rights in and to this Site — other than the limited right to use set forth above — are transferred to the User. DJ3N expressly reserves the right, at any time, to change or discontinue any content or feature of the Site or any Services made available through the Site without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all Users. The User expressly agrees that DJ3N shall not be liable for any such modification, suspension or discontinuance of the Site or of any Service, content, or feature offered through the Site.

Definitions; Description of Services

“Cryptocurrency,” “token,” “asset,” “digital asset,” “altcoin,” “coin,” “good,” and “ledger entry,” and “smart contract” all refer to data entries in a blockchain-based software ledger. “Staking” or “to stake,” “validator node,” “validator node services,” and “validator rewards” all refer to concepts in “proof of stake” transactions validation on a blockchain. More specifically as used herein, “Staking Rewards” means Tokens distributed by the Supported Network less any DJ3N validation fees and any Slashing Penalties; “Nominator” means the User using the Site and/or Services to gain Staking Rewards; “Platform” means DJ3N’s technology platform and infrastructure uses to perform the Services; “Slashing Penalties” means any penalty assessed by the Supported Network for a failure to perform the applicable Services according to the Supported Network Protocol; “Staking” means use of the Services by a Nominator to gain Staking Rewards; “Staked Tokens” means the Tokens that a Nominator has Staked with the Services; “Supported Network” means any blockchain network for which DJ3N’s Platform is able to perform the Services; “Supported Network Protocol” means the rules by which the Supported Network operates, including, but not limited to, the process for Staking, the quantity and timing of Staking Rewards, and the conditions under which Slashing Penalties are imposed; and “Token” means the underlying digital asset of the Supported Network. DJ3N operates staking validator nodes to support the decentralized functioning of various Supported Networks, including, without limitation, the Harmony Blockchain, together with producing and validating new blocks, processing transaction, and securing the applicable Supported Network, along with any ancillary services provided by DJ3N, in its sole discretion (collectively, the “Services”).

Earnings and Payments

1.1. DJ3N, LLC, in its discretion, may change the methods of payment that are available, and certain methods of payment may not be available for all balances.

1.2. DJ3N, LLC is subject to Stripe regulations and service restrictions – if Stripe does not provide service to you or within your desired country, it will be necessary for you to select another payment method.

1.3. Provide All Necessary Information: You must provide DJ3N, LLC with all information necessary to process your Earnings payment (e.g., relevant tax information, proper Stripe account information).

2.1. In the event you have not provided us with this information, DJ3N, LLC may withhold payments until you have provided all necessary information.

2.2. In the event that a check sent to the address listed as the payee address in your Account is returned as undeliverable, DJ3N, LLC may withhold further payments until you have corrected or updated your address.

2.3. Have a Non-Negative Earnings Balance: If your payable Earnings become negative (including but not limited to for any of the following reasons), DJ3N, LLC reserves the right to not pay you Earnings until (i) your payable Earnings increase to the point where they become positive, and (ii) they become otherwise payable under the provisions of this Section:

3.1. If any of your Earnings are associated with Products that are or are alleged to be infringing of a third party’s rights or are otherwise in violation of the Policies, DJ3N, LLC may do any of the following without providing a warning or prior notice: (i) deduct the associated Earnings from your Account; (ii) suspend your Account and payment of any Earnings; or (iii) deduct all Earnings and terminate your Account, if we determine (in our sole discretion) that you are a repeat infringer.

 

Taxes; Fees

It is each User’s sole responsibility to determine what, if any, taxes apply to the payments a User makes or receives, and to collect, report, and remit the correct tax to the appropriate tax authority. DJ3N is not responsible for determining whether taxes apply to any transaction, or for collecting, reporting, or remitting any taxes arising from any transaction. In consideration for access to the Site and/or Services, DJ3N may take fees that are based on Services, including transaction fees, market fees or withdrawal fees. The amounts of fees and their description are provided on the Site. Fees are subject to revision by DJ3N with or without prior notification. Each User hereby acknowledges the foregoing and agrees to pay all the applicable fees and any other amounts incurred by such User or on such User’s behalf through the Site and/or Services, in the amounts that are in effect when such fees are incurred.

DISCLAIMERS; LIMITATION OF LIABILITY

  1. USER ACKNOWLEDGES AND IS AWARE THAT THE RISK OF LOSS IN TRADING OR HOLDING CRYPTOCURRENCIES, TOKENS OR ANY CRYPTO ASSETS CAN BE SUBSTANTIAL. THE SITE AND/OR SERVICES ARE NOT CURRENTLY REGULATED BY ANY SECURITIES REGULATOR OR FINANCIAL CONDUCT AUTHORITY OR ANY OTHER GOVERNMENTAL AGENCY. DJ3N IS NOT AND SHALL NOT ACT AS ANY USER’S BROKER-DEALER, INTERMEDIARY, AGENT OR ADVISOR AND OWES NO AND EXPRESSLY DISCLAIMS ANY FIDUCIARY DUTY TO ANY USER. EACH USER IS HEREBY ADVISED AND ACKNOWLEDGES THAT SUCH USER SHOULD CAREFULLY CONSIDER WHETHER TRADING OR HOLDING VIRTUAL CURRENCIES OR ASSETS ARE SUITABLE FOR SUCH USER IN LIGHT OF SUCH USER’S FINANCIAL CIRCUMSTANCES.
  2. DJ3N CANNOT AND DOES NOT REPRESENT OR GUARANTEE THAT ANY OF THE INFORMATION AVAILABLE THROUGH THE SITE AND/OR SERVICES IS ACCURATE, RELIABLE, CURRENT, COMPLETE, VALID, STABLE OR APPROPRIATE FOR ANY USER’S NEEDS, INCLUDING, WITHOUT LIMITATION, ANY ASSISTANCE DJ3N MAY OR MAY NOT PROVIDE TO A USER WITH RESPECT TO WALLET CONFIGURATION. DJ3N DOES NOT GUARANTEE TIMELINESS OF THE TECHNOLOGY OR INFORMATION INVOLVED IN THE SITE AND/OR SERVICES. DJ3N DISCLAIMS ANY LIABILITY FOR ANY LOSS OR DAMAGE SHOULD A USER USE OR VIEW INFORMATION AVAILABLE THROUGH THE SITE AND/OR SERVICES.
  3. DJ3N BEARS NO RESPONSIBILITY UNDER ANY CIRCUMSTANCES FOR ANY PROBLEM THAT MAY BE CAUSED BY USING THE APPLICABLE BLOCKCHAIN.
  4. DJ3N IS NOT LIABLE AND EXPRESSLY DISCLAIMS ANY LIABILITY TO A USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL USE, OR DATA), EVEN IF A PARTY HAS BEEN PROVIDED NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, DJ3N WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION OR DAMAGES ARISING IN CONNECTION WITH: (A) A USER’S INABILITY TO USE THE SITE AND/OR SERVICES, INCLUDING AS A RESULT OF ANY (I) DENIAL OF ACCESS TO OR SUSPENSION OF ANY WALLET PURSUANT TO THESE TERMS AND CONDITIONS, (II) DJ3N’ DISCONTINUATION OF ANY OR ALL PARTS OF THE SITE AND/OR SERVICES, OR, (III) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SITE AND/OR SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS MADE BY A USER OR A USER’S USE OF OR ACCESS TO THE SITE AND/OR SERVICES OR THE APPLICABLE BLOCKCHAIN; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF WALLET OR OTHER DATA.
  5. EACH USER ACCEPTS RESPONSIBILITY AND ASSUMES ALL LIABILITY FOR ALL ACTIVITIES AND CONTENTS GENERATED BY SUCH USER ON THE SITE AND/OR SERVICES. ANY COMMUNICATION BY DJ3N TO A USER SHALL NOT BE CONSTRUED UNDER ANY CIRCUMSTANCES AS LEGAL, TAX, ACCOUNTING OR FINANCIAL ADVICE. ANY USE OF OR ACCESS TO THE SITE AND/OR SERVICES SHALL NOT BE CONSTRUED AS THE FACILITATION OF ANY SALE OR EXCHANGE OF SECURITIES AS AN EXCHANGE.
  6. DJ3N IS NOT AND SHALL NOT BE CONSIDERED AS A REGULATED AND/OR REGISTERED SECURITIES EXCHANGE AND IS NOT SUBJECT TO THE SAME KIND OF REQUIREMENTS AS NATIONAL SECURITIES EXCHANGES OR ALTERNATIVE TRADING SYSTEMS.
  7. DJ3N MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE AND/OR SERVICES OR THEIR CONTENTS, WHICH ARE PROVIDED ON AN “AS-IS, WHERE-IS BASIS.” DJ3N DISCLAIMS ANY AND ALL REPRESENTATIONS AND/OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SITE AND/OR SERVICES AND ANY WEBSITE WITH WHICH IT IS LINKED. DJ3N FURTHER DISCLAIMS ANY AND ALL REPRESENTATIONS AND/OR WARRANTIES THAT THE SITE AND/OR SERVICES WILL MEET A USER’S REQUIREMENTS; THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; AND/OR ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. DJ3N IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF COMMUNICATION ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S PROPERTY RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB OR IN CONNECTION WITH THE SITE AND/OR SERVICES. DJ3N ALSO EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND/OR WARRANTIES AS TO WHETHER ANY INFORMATION ACCESSIBLE VIA THE SITE AND/OR SERVICES IS ACCURATE, COMPLETE, OR CURRENT. IT IS THE USER’S RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS, AND OTHER MATERIAL AVAILABLE VIA THE SITE AND/OR SERVICES.
  8. TO THE FULLEST EXTENT PERMITTED BY ALL APPLICABLE LAWS, DJ3N AND ITS AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS SHALL IN NO EVENT BE LIABLE FOR ANY CLAIMS, CHARGES, DEMANDS, DAMAGES, LIABILITIES, LOSSES, AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING, WITHOUT LIMITATION, ANY COMPENSATORY, INCIDENTAL, DIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A COMPUTER OR ELECTRONIC VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF DJ3N HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR ANY WEBSITE WITH WHICH IT IS LINKED. THE USER EXPRESSLY ASSUMES TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS-CHECKING AS THE USER DEEMS NECESSARY.
  9. USERS OF THE SITE AND/OR SERVICES ARE RESPONSIBLE FOR THE RESULTS OF THEIR ACTIONS, AND ARE RESPONSIBLE FOR PROTECTING ACCESS TO INFORMATION TO THE SITE AND/OR SERVICES INCLUDING, BUT NOT LIMITED TO, PRIVATE KEYS, PASSWORDS, AND WALLET FILES. DJ3N IS NOT AN INSURED FINANCIAL INSTITUTION. AS A RESULT, UNLIKE FUNDS HELD IN MOST BANKS OR CREDIT UNIONS, AMOUNTS DISPLAYED THROUGH THE SITE AND/OR SERVICES ARE NOT INSURED AGAINST LOSS.
  10. EACH USER ACCEPTS THE RISK OF USING THE SITE AND/OR SERVICES AND IS SOLELY RESPONSIBLE FOR CONDUCTING SUCH USER’S OWN INDEPENDENT ANALYSIS OF THE RISKS SPECIFIC TO THE SITE AND/OR SERVICES OR THE APPLICABLE BLOCKCHAIN. EACH USER ACKNOWLEDGES THAT IN USING THE SITE AND/OR SERVICES, SUCH USER IS NOT RELYING IN ANY MANNER ON DJ3N OR ITS AFFILIATES IN MAKING SUCH DECISION, AND THE FACT THAT ANY PARTICULAR ASSET IS ACCESSIBLE OR DISCOVERABLE THROUGH THE SITE AND/OR SERVICES IN NO WAY CONSTITUTES ANY ENDORSEMENT OR INDICATION THAT THE ASSET HAS UNDERGONE ANY FORM OF DUE DILIGENCE REVIEW OR QUALIFICATION, AND IN NO WAY INDICATES ANY PARTY’S OPINION THAT THE ASSET IS SAFE, SUITABLE, TRUE TO ANY THIRD PARTY REPRESENTATIONS MADE, VERIFIED OR VERIFIABLE, OR OF ANY VALUE OR QUALITY OR LEGALITY. EACH USER ACKNOWLEDGES AND AGREES THAT SUCH USER SHOULD NOT ACQUIRE OR TRADE ANY ASSETS UNLESS SUCH USER HAS SUFFICIENT FINANCIAL RESOURCES AND CAN AFFORD TO LOSE ALL VALUE OF THE ASSETS.

Risks Disclosure. Assumptions of Risks

THIS SECTION CONTAINS INFORMATION REGARDING SIGNIFICANT RISKS OF HOLDING AND PURCHASING CRYPTOCURRENCIES, TOKENS OR ANY CRYPTO ASSETS. PLEASE READ THIS SECTION CAREFULLY.

  1. Each User hereby represents and warrants that any asset such User owns, holds, operates or interacts was received by in accordance with applicable law and such User did not conduct any violation of any law or crime regarding obtaining or selling any asset through the Site and/or Services.
  2. Holding and purchasing assets, and use of the Site and/or Services, involves significant risks and potential for financial losses, including without limitation the following:
    1. The features, functions, characteristics, operation, use and other properties of any cryptocurrency assets (“Asset Properties”) and the software, networks, protocols, systems, and other technology (including, if applicable, any distributed ledger (blockchain)) (“Underlying Technology”) used to administer, create, issue, transfer, cancel, use or transact in assets may be complex, technical or difficult to understand or evaluate.
    2. Any asset and its Underlying Technology may be vulnerable to attacks on the security, integrity or operation of the asset or its Underlying Technology (“Attacks”), including Attacks using computing power sufficient to overwhelm the normal operation of a decentralized distributed ledger (blockchain) or other Underlying Technology.
    3. Any asset, Asset Properties or Underlying Technology may change or otherwise cease to operate as expected due to a change made to the Underlying Technology, a change made using features or functions built into the Underlying Technology or a change resulting from an Attack. These changes may include, without limitation, a “fork” or “rollback” of the asset or blockchain.
    4. Any asset may be cancelled, lost or double spent, or otherwise lose all or most of their value, due to forks, rollbacks, Attacks, changes to Asset Properties or failure of the asset to operate as intended.
    5. Any asset may decrease in value or lose all of its value due to various factors including discovery of wrongful conduct, market manipulation, changes to Asset Properties or perceived value of Asset Properties, Attacks, suspension or cessation of support for an asset by exchanges, decentralized platforms or service providers, and other factors outside our control.
    6. Any asset may decrease in value or lose all of its value due to legislative or regulatory activity, or other government action.
    7. Any asset may be lost if sent to the wrong address.
    8. Any transaction by a User and such User’s account involving an asset may be viewable on a public blockchain ledger, including by regulatory authorities.
  3. DJ3N makes no representation whatsoever that any of the assets that may be found or are accessible through the Site and/or Services, are safe, suitable, true to any representations made by the asset sponsor, verified or verifiable, or of any value or quality or legality.
  4. DJ3N undertakes no responsibility for conducting any due diligence or screening process with regard to any asset that is accessible or discoverable through the Site and/or Services.
  5. DJ3N may at any time be required by governmental authorities to freeze accounts or provide information about Users.
  6. DJ3N may at any time, with or without prior notice to users, remove any asset from display or accessibility through the Site and/or Services for any business or regulatory reason that it may deem appropriate. In the event that any asset held by a User is either not available or was previously available and later becomes inaccessible through the Site and/or Services, it shall be such User’s responsibility to find alternate means of accessing, trading, exchanging or managing that asset.

Accuracy of information

Occasionally there may be information in the Web Application that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Web Application or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Web Application including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Web Application should be taken to indicate that all information in the Web Application or on any related Service has been modified or updated.

Backups

We perform regular backups of the Content, however, these backups are for our own administrative purposes only and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty.

Links to other web applications

Although this Web Application may link to other web applications, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked web application, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their web applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any web application which you access through a link from this Web Application. Your linking to any other off-site web applications is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Web Application or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related web application, other web applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related web application, other web applications, or the Internet. We reserve the right to terminate your use of the Service or any related web application for violating any of the prohibited uses.

Disclaimer of warranty

You agree that your use of our Web Application or Services is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will DJ3N, LLC, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if DJ3N, LLC has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of DJ3N, LLC and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to DJ3N, LLC for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold DJ3N, LLC and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Web Application or Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Wyoming, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Albany County, Wyoming, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Web Application or Services at any time, effective upon posting of an updated version of this Agreement in the Web Application. Continued use of the Web Application after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Web Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Web Application and its Services.

Disclaimer

This disclaimer (“Disclaimer”, “Agreement”) is an agreement between DJ3N, LLC (“DJ3N, LLC”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Disclaimer sets forth the general guidelines, terms and conditions of your use of the Switchflip web application and any of its products or services (collectively, “Web Application” or “Services”).

Representation

Any views or opinions represented in this Web Application belong solely to the Content creators and do not represent those of people, institutions or organizations that the DJ3N, LLC or creators may or may not be associated with in professional or personal capacity, unless explicitly stated. Any views or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.

Content and postings

You may print a copy of any part of this Web Application for your personal or non-commercial use. You may submit content in the Web Application. By uploading or otherwise making available any information to DJ3N, LLC, you grant DJ3N, LLC the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy the information contained therein, for the purpose of the User’s benefit within the User’s ecosystem via the software services provided by DJ3N, LLC. You may not impersonate any other person through the Web Application. You may not post content that is defamatory, fraudulent, obscene, threatening, invasive of another person’s privacy rights or that is otherwise unlawful. You may not post content that infringes on the intellectual property rights of any other person or entity. You may not post any content that includes any computer virus or other code designed to disrupt, damage, or limit the functioning of any computer software or hardware. You understand the risks of submitting content to a public blockchain. You understand some content may only only be hidden from public view, but not altered or deleted once added to the blockchain.

Indemnification and warranties

While we have made every attempt to ensure that the information contained in the Web Application is correct, DJ3N, LLC is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information in the Web Application is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied. In no event will DJ3N, LLC, or its partners, employees or agents, be liable to you or anyone else for any decision made or action taken in reliance on the information in the Web Application or for any consequential, special or similar damages, even if advised of the possibility of such damages. Information in the Web Application is for general information purposes only and is not intended to provide legal, financial, medical, or any other type of professional advice. Please seek professional assistance should you require it. Furthermore, information contained in the Web Application and any pages linked to and from it are subject to change at any time and without warning. We reserve the right to modify this Disclaimer relating to the Web Application or Services at any time, effective upon posting of an updated version of this Disclaimer in the Web Application. When we do we will send you an email to notify you. Continued use of the Web Application after any such changes shall constitute your consent to such changes.

Acceptance of this disclaimer

You acknowledge that you have read this Disclaimer and agree to all its terms and conditions. By accessing the Web Application you agree to be bound by this Disclaimer. If you do not agree to abide by the terms of this Disclaimer, you are not authorized to use or access the Web Application.

Contacting us

If you would like to contact us to understand more about these Agreements and Policies or wish to contact us concerning any matter relating to them, you may send an email to [email protected].

Contact Us

30 N Gould St Ste R

Sheridan, WY 82801

[email protected]

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