artio.bex.berachain.com Open in urlscan Pro
76.76.21.22  Public Scan

Form analysis
0 forms found in the DOM

Text Content

TERMS OF SERVICE

Public Testnet Terms of Use
Last updated: January 9, 2024
These Public Testnet Terms of Use (these “Terms”) apply to your access to and
use of the websites, platform, software, technologies, features, and other
online products and services (collectively, the “Services”) provided or made
available by Berachain Corporation (the “Company”, “we”, “our” or “us”) in
connection with the Berachain protocol (the “Protocol”) incentivized public
testnet (the “Testnet”).
YOUR PARTICIPATION IN THE TESTNET IS ENTIRELY VOLUNTARY. IF YOU ARE
PARTICIPATING IN THE TESTNET, YOU MUST STRICTLY ADHERE TO THESE TERMS.
Please read these Terms carefully as it governs your use of the Testnet and the
Services. These Terms contain important information, including a binding
arbitration provision and a class action waiver, both of which impact your
rights as to how disputes are resolved.
1. Agreement to Terms.
By accessing or using the Services or by participating in the Testnet, you agree
to these Terms and to our Privacy Policy and any other agreements or terms as
set forth by the Company. These Terms constitute a binding obligation between
you and the Company. If you do not agree to these Terms, do not use the Services
or otherwise participate in the Testnet.
If you are accessing or participating in the Testnet on behalf of a company
(such as your employer) or other legal entity, you represent and warrant that
you have the authority to bind that company or other legal entity to these
Terms. In that case, “you” and “your” will also refer to that company or other
legal entity.
2. Privacy Policy.
Please refer to our Privacy Policy for more details on the information that the
Company may collect, use and disclose and under what circumstances. You
acknowledge and agree that your participation in the Testnet and use of the
Services is subject to this Privacy Policy.
3. Changes to Terms and Privacy Policy.
The Company may update these Terms and its Privacy Policy at any time, in its
sole discretion. If it does so, the Company will be deemed to have delivered a
notice of such update to you if it: (a) has posted the updated Terms or Privacy
Policy at the website address where the Terms or Privacy Policy, as applicable,
were originally posted; (b) has posted the updated Terms or Privacy Policy on
its website, or on any applicable blog or forum used by the Company for sharing
of information; or (c) has delivered notice of such update to you through other
communications, including in person, in writing, by facsimile or by e-mail. You
agree to check the foregoing sources regularly for updates and review any and
all updates to the Terms and the Privacy Policy. If you continue to participate
in Testnet after the Company has posted updates to its Terms or Privacy Policy,
you are agreeing to be bound by the updated Terms or Privacy Policy, as
applicable. If you do not agree to be bound by the updated Terms or Privacy
Policy, then your only recourse is to immediately notify the Company, and
immediately and permanently cease all further participation in the Testnet.
4. Duration of the Testnet.
The Testnet will commence on the date prescribed by the Company and continue
until terminated by the Company in its sole discretion (the “Testnet Period”).
Notwithstanding any other information provided by the Company regarding the
Testnet including on its website, blog posts or through other communications
(such as forums, Telegram, Discord, or other channels), the Company may change,
discontinue, or terminate, temporarily or permanently, all or any part of
Testnet, at any time and without notice, at its sole discretion, including prior
to providing any Rewards (as defined below). The Testnet is designed to improve
the operational experience, security, and design of the Protocol mainnet and to
expose potential issues and to improve participant experiences prior to the
mainnet launch of the Protocol.
5. Eligibility for Testnet.
You may participate in the Testnet only if: (i) you are a natural person, 18
years or older, and capable of forming a binding contract with the Company; (ii)
you are not the subject of sanctions administered or enforced by any country or
government or otherwise designated on any list of prohibited or restricted
parties (including but not limited to the lists maintained by the United Nations
Security Council, the U.S. Government, the European Union or its Member States,
or other applicable government authority) or a citizen or organized or resident
in a country or territory that is the subject of country-wide or territory-wide
sanctions (including without limitation Cuba, Democratic People’s Republic of
Korea, the Crimea, Donetsk, and Luhansk regions, Iran or Syria); (iii) you are
not barred from participating under any applicable laws, statutes, ordinances,
rules, regulations, judgments, injunctions, orders and decrees (“Applicable
Laws”); (iv) you will not use a virtual private network (VPN) or other tool to
circumvent any geoblock or other restrictions that we may have implemented for
participants in the Testnet; and (v) you are not participating in, and have not
become eligible to participate in, the Testnet by receiving credentials from any
other person or entity. Any circumvention or violation of the above will
permanently disqualify you from participation in the Testnet.
In order to participate in the Testnet, you may be required to meet such
requirements as determined by the Company to the satisfaction of the Company in
its sole discretion (including without limitation such requirements as may be
set out in applicable documentation) and/or provide certain identifying
information (such as name, residence or domicile, date of birth, etc.) Failure
to provide such identifying information and/or a failure to demonstrate
compliance with the requirements herein may result in termination of your
participation, forfeiture of any Testnet incentives or rewards (collectively,
“Rewards”), prohibition from participating in future testnet challenges and/or
other actions by the Company.
The Company may disclose its plan regarding the Testnet from time to time on its
website, blog posts or through other communications (such as forums, Telegram,
Discord, or other channels). However, notwithstanding this information or any
other information provided by the Company regarding the Testnet, the Company may
change or modify such plan at any time in its sole discretion, including with
respect to its eligibility requirements, the number of participants eligible to
participate in Testnet, the requirements of the Testnet, and the Rewards.
The Testnet may operate in certain phases. Your selection or participation in
any one phase of the Testnet does not imply that you will be selected for any
other phases of the Testnet.
The Company reserves the right to block your access to the Testnet at any time,
in its sole discretion. The Company may terminate the Testnet, or your right to
participate in the Testnet, at any time, in its sole discretion.
6. Third-Party Services.
The Company may share identifying information and documentation with certain
vendors or third-party providers who provide various services such as identity
verification and/or sanctions and watchlist screening services (the “Third-Party
Services”). You agree that your access and use of such Third Party Services is
governed solely by the terms and conditions of such Third Party Services, and
the Company is not responsible or liable for, and make no representations as to
any aspect of such Third Party Services, including, without limitation, their
content or the manner in which they handle, protect, manage or process data or
any interaction between you and the provider of such Third Party Services. You
irrevocably waive any claim against the Company with respect to such Third-Party
Services. We are not liable for any damage or loss caused or alleged to be
caused by or in connection with your enablement, access or use of any such
Third-Party Services, or your reliance on the privacy practices, data security
processes or other policies of such Third-Party Services.
7. Rewards/Incentives.
As part of your participation in the Testnet, the Company may choose, in its
sole discretion, to provide certain Rewards to eligible participants for
completing certain activities, including running a validator node and meeting
certain performance criteria or other requirements set by the Company.
Other contributions to the Testnet may further be rewarded by the Company in its
discretion. Such Rewards may include Protocol mainnet tokens. In order to
receive Rewards, including Protocol mainnet tokens, you must (i) continue at all
times to meet the eligibility requirements for participation in the Testnet, as
set forth herein, and (ii) not be located in the United States, not be a U.S.
Person (as defined in Rule 902(k) of Regulation S under the U.S. Securities Act
of 1933, as amended (the “Securities Act”)) and not be participating in the
Testnet on behalf of a person or entity located in the United States or any U.S.
Person.
Notwithstanding any other information provided by the Company regarding the
Testnet (including on its website, blog posts or through other communications
(such as forums, Telegram, Discord, or other channels), the Company may in its
discretion change or modify the amounts or types of Rewards and/or discontinue,
or terminate, temporarily or permanently, all or any part of the Rewards program
at any time and without notice and the Company may remove or reallocate any
Rewards earned by any participant or elect not to provide any rewards to any
participant. You agree that any Rewards received will be in consideration for
your services in testing the Testnet and the Protocol.
The Company reserves the right to request information about, review and
investigate all Testnet activities, and to disqualify participants if it
believes a participant has engaged in any activity that is abusive, fraudulent,
in bad faith or otherwise fails to meet the Testnet standards and requirements.
If you violate any of the terms and conditions of these Terms (as determined
solely by the Company), if you have engaged in any activity that is abusive,
fraudulent, in bad faith, or if you do not complete the necessary information or
fail to provide accurate information, then you will not be eligible to receive
Rewards, and the Company may require you to promptly return any Rewards you have
already received.
Your eligibility to receive Rewards is made in reliance upon your representation
to the Company, which by your agreement to these Terms you hereby confirm, that
any Rewards you receive will be for your own account, not as a nominee or agent,
and not with a view to the resale or distribution of any part thereof, and that
you have no present intention of selling, granting any participation in, or
otherwise distributing the same. By agreeing to these Terms, you further
represent that you do not presently have any contract, undertaking, agreement or
arrangement with any person to sell, transfer or grant participations to such
person or to any third person, with respect to any Rewards. If you are agreeing
to these terms on behalf of an entity, that entity has not been formed for the
specific purpose of obtaining the Rewards.
Any Rewards delivered to you shall be subject to such restrictions on
transferability as determined by the Company, in its sole discretion, which may
include delivery to a multi-sig wallet or to any other device, mechanism,
program or application intended to enforce the transfer restrictions imposed on
the Rewards, or additional lock-up or legending requirements. If required by the
Company, you must accept the smart contract or other electronic contract
containing the terms applicable to the distribution of such Rewards (including,
without limitation, any token terms and conditions or Protocol terms and
conditions); failure by you to accept such contract or contracts shall render
your rights to receive such Rewards void. You agree to comply with all such
terms, conditions and restrictions, and consent to the imposition of the
foregoing.
You acknowledge that: (i) the Rewards have not been registered under the
Securities Act or any other Applicable Laws, and that the Company has no plans
to register the Rewards under the Securities Act, or any other Applicable Laws;
(ii) there is substantial uncertainty as to the application of securities,
financial, and other Applicable Laws to tokens and token rights, and that the
interpretation of existing Applicable Laws or new laws may affect the regulatory
status of the Rewards, the offer or sale of the Rewards, and the use of the
associated network; (iii) in light of such uncertainty and although the Company
does not intend for the Rewards to be deemed securities, the Rewards may be
deemed to be “restricted securities” under U.S. federal securities laws or other
Applicable Laws, and that the Rewards are subject to restrictions including, but
not limited to, restrictions on transfer; (iv) in the event that transactions of
the Rewards are deemed to be transactions of restricted securities, you may not
sell, resell, assign, encumber or transfer all or any part of the Rewards being
acquired through the Testnet except if registered under the Securities Act or
pursuant to an exemption from such registration (or in compliance with such
other Applicable Laws); (v) you may be required to deliver to the Company
certification and/or other information satisfactory to the Company prior to any
resale or transfer of the Rewards; and (vi) any transfer not made in compliance
with these restrictions shall be void and the Company may refuse to recognize
any transfer not made in accordance with these restrictions. The Rewards are
deemed to include a legend to the foregoing effect. If you determine
subsequently to resell Rewards provided any applicable restriction period has
expired, it is your sole responsibility to determine if such resale is
permissible at such time under Applicable Laws. You have read and understand the
restrictions and limitations set forth in these Terms that will be imposed on
the Rewards. You agree to comply with all such restrictions and consent to the
imposition of any such restrictions on transfer as the governing body of the
Company may, pursuant to the advice of legal counsel, consider necessary or
prudent to comply with Applicable Law, which restrictions may include delivery
to multi-sig wallets or additional lock-up or legending requirements.
You understand that no public market now exists for the Rewards, and that the
Company has not made any assurances that a public market will ever exist for the
Rewards.
You acknowledge and agree that at no time were you presented with or solicited
by any publicly issued or circulated newspaper, mail, radio, television or other
form of general advertising or solicitation in connection with any invitation to
participate in the Testnet or offer of the Rewards.
You acknowledge, assume, and hold the Company, its affiliates, and their
respective shareholders, members, partners, directors, officers, employees,
contractors, advisors, lawyers, accountants, suppliers, licensors, agents and
other representatives (collectively, the “Company Parties”) harmless, from and
against any losses, liabilities, claims, demands, damages, expenses or costs
(“Claims”) arising out of, in connection with or related to the following risks
with respect to the Rewards: (i) the Protocol may never fully be developed, and
to the extent developed, may not function as intended; (ii) the Protocol may
fail to attract sufficient interest from key stakeholders and the general
public; (iii) the Protocol (and/or the individuals or entities behind it) may be
subject to investigation and punitive actions from governmental authorities;
(iv) tokens, and the markets for tokens, are, by their nature, highly
experimental, risky, and volatile due to factors including (but not limited to)
adoption, speculation, technology, security, and regulation; (v) the cost and
speed of transacting with tokens are variable and may increase dramatically at
any time; (vi) cryptography is a progressing field with advances in code
cracking and other technical advancements, such as the development of quantum
computers, which may present risks to tokens, including theft and loss; and
(vii) token transactions are generally irreversible, and subject to loss due to
human error.
You acknowledge and agree that if you are unable to claim Rewards due to
technical bugs, gas fees, loss of access to a digital wallet or the keys
thereto, or for any other reason, you will have no recourse or claim against us
or any Company Party and that neither we nor any other Company Party will bear
any liability.
You acknowledge and agree that claiming a Reward may require reliance on or an
integration with third party products (e.g., a digital wallet or an unaffiliated
network or blockchain) that we do not control. In the event that you are unable
to access such products or integrations, or if they fail for any reason, and you
are unable to participate in the Testnet or claim Rewards, you will have no
recourse or claim against us or any other Company Party and neither we nor any
other Company Party will bear any liability.
8. Taxes.
You are responsible for the payment of all taxes associated with your receipt of
any Rewards (including, if applicable, Protocol mainnet tokens). You agree to
provide the Company with any additional information and complete any required
tax or other forms relating to your receipt of such Rewards.
You may suffer adverse tax consequences as a result of your participation in the
Testnet. You hereby represent that: (i) you have consulted with such financial,
legal and/or tax adviser that you deem advisable in connection with your
participation, or that you have had the opportunity to obtain such advice but
have chosen not to do so; (ii) the Company has not provided you with any
financial, legal, tax or any other advice with respect to your participation;
and (iii) you are not relying on the Company for any financial, legal or tax
advice.
9. Security; Wallet.
You are responsible for maintaining adequate security and control of any and all
IDs, passwords, hints, personal identification numbers (PINs), or any other
codes that you use to access the Testnet as part of your systems. The Company
assumes no responsibility for any losses resulting from any compromise of your
systems. or wallet(s).
As part of certain phases of the Testnet, the Protocol mainnet or as part of
providing Rewards, the Company may send or receive Testnet tokens or Rewards to
your digital wallet application. In such cases, you are responsible for the
management of the private keys and security for your digital wallet(s). The
Company does not and will not manage, store, collect or otherwise access the
private keys for your digital wallet(s). You are responsible for all activities
that occur using your digital wallet, whether or not you know about them. In the
event you provide an incorrect digital wallet address, you shall be solely
responsible, and will hold the Company harmless, for any Testnet tokens or
Rewards delivered to such incorrect digital wallet address.
10. Updates; Monitoring.
We may make improvements, modifications, changes or updates to the Testnet,
including but not limited to changes and updates to the underlying software,
infrastructure, security protocols, technical configurations or service features
(the “Updates”) from time to time. Your continued access and use of the Testnet
are subject to such Updates and you shall accept any patches, system upgrades,
bug fixes, feature modifications, or other maintenance work that arise out of
such Updates. We are not liable for any failure by you to accept and use such
Updates in the manner specified or required by us. Although the Company is not
obligated to monitor access to or participation in the Testnet, it has the right
to do so for the purpose of operating the Testnet, to ensure compliance with
these Terms and to comply with Applicable Law or other legal requirements.
11. Testnet; Testnet Tokens.
In your use of the Testnet, you may accumulate “Testnet tokens,” such as through
a faucet, which are not, and shall never convert to or accrue to become Protocol
mainnet tokens or any other tokens or virtual assets. Testnet tokens are virtual
items with no monetary value. Testnet tokens do not constitute any currency or
property of any type and are not redeemable, refundable, or eligible for any
fiat or virtual currency or anything else of value. Testnet tokens are not
transferable between users outside of the Testnet, and you may not attempt to
sell, trade, or transfer any Testnet tokens outside of the Testnet, or obtain
any manner of credit using any Testnet tokens. Any attempt to sell, trade, or
transfer any Testnet tokens outside of the Testnet will be null and void.
The Company may, in its sole discretion, decide to delete, wipe or otherwise
remove the Testnet at any time without notice, including, without limitation,
the modification of the presence, amounts, or any other conditions applicable to
the Testnet tokens, without any liability to you or other Testnet users. The
Company does not guarantee that Testnet tokens will continue to be offered for a
specific length of time and you may not rely upon the continued availability of
any Testnet tokens. If the Testnet expires or terminates, you acknowledge and
agree that your access to and use of your Testnet tokens will be removed, and
all accrued Testnet tokens will be deleted from the Testnet system. Testnet
tokens will not be converted into any future Rewards offered by the Company.
12. Intellectual Property Rights; Feedback.
We grant you a nonexclusive, limited, revocable, terminable, personal,
non-assignable and non-sublicensable license to use any Services that we or our
affiliates provide to you solely for the purpose of participating in the
Testnet, in strict accordance with these Terms. Such license shall automatically
expire upon the termination of your participation in the Testnet. Except as set
forth in the immediately preceding sentence, all right, title, and interest in
and to the Services, the Testnet and the Protocol (and all elements thereof),
including all modifications, improvements, and enhancements made thereto, and
all proprietary rights therein, shall be and remain the Company’s sole and
exclusive property. We reserve all rights not expressly granted in this Section
12(a).
The Company welcomes feedback, comments and suggestions for improvements to the
Testnet and related technologies of the Protocol (“Feedback”). You agree that
your submission of any Feedback will be made on a strictly non-confidential
basis, and that we will be free to use or disclose your Feedback in any way, for
any purpose. You grant to the Company an exclusive, transferable, worldwide,
perpetual, irrevocable, fully-paid, royalty-free license, with the right to
sublicense, under any and all intellectual property rights that you own or
control to use, copy, modify, create derivative works based upon and otherwise
exploit the Feedback for any purpose, in any form, format, media or media
channels now known or later developed or discovered. You represent and warrant
that neither your submission of any Feedback to us, nor our commercialization or
exploitation of that Feedback in any way, will violate any intellectual
property, proprietary or other rights of any person.
13. Prohibited Activities.
You will not (in each case except as otherwise contemplated as part of these
Terms):
unless as expressly requested by the Company as part of a security or similar
challenge, disrupt or initiate any attacks against users of the Services or the
Testnet;
initiate any attacks that violate your cloud service, data-center or other
applicable third party service provider’s rules or policies;
disrupt, compromise, or otherwise damage data or property owned by other
parties;
impersonate any person or entity or misrepresent your affiliation with any
person or entity;
access any accounts or data other than your own (or those for which you have
explicit, permission from their owners);
interfere with, or attempt to interfere with, the access of any user, host or
network, including, without limitation, sending a virus, overloading, flooding,
spamming, creating, encouraging or implementing Sibyl attacks;
sell or resell the Services;
participate in the Testnet from a jurisdiction other than the jurisdiction of
your residence; and
encourage or enable any other individual or entity to do any of the foregoing or
otherwise violate these Terms.
14. Compliance with Applicable Laws.
You agree that to comply with all Applicable Laws and any generally accepted
practices or guidelines in the relevant jurisdictions (including any Applicable
Laws regarding the export of data or software to and from the United States or
other relevant countries and all applicable privacy and data collection laws and
regulations) in connection with your participation in the Testnet. To the extent
required by Applicable Laws, you are solely responsible for obtaining or filing
any approval, clearance, registration, permit, or other regulatory authorization
and shall comply with the requirements of such authorization.
15. Disclaimers; Limitations of Liability.
THE COMPANY MAKES NO, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF
ANY KIND WITH RESPECT TO THE TESTNET. THE TESTNET IS PROVIDED “AS IS” AND WITH
ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE
COMPANY EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, VALUE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY
WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
The Company has made no promises or guarantees with respect to delivery of any
future features or functions. Any discussions of any future features or
functions, either prior to or following the agreement to these Terms, are for
informational purposes only, and the Company has no obligation to provide any
such features or functions. You acknowledge that you have not relied on any
statement, promise, assurance, or warranty that is not set out in these Terms.
YOU ACCEPT AND ACKNOWLEDGE THAT THERE ARE RISKS ASSOCIATED WITH PARTICIPATING IN
TESTNET INCLUDING, BUT NOT LIMITED TO, THE RISK OF FAILURE OF HARDWARE, SOFTWARE
AND INTERNET CONNECTIONS, THE RISK OF MALICIOUS SOFTWARE INTRODUCTION, LOSS OF
REWARDS, LOSS OF DATA AND SECURITY RISKS. YOU ACCEPT AND ACKNOWLEDGE THAT THE
COMPANY WILL NOT BE RESPONSIBLE FOR ANY LOSSES, FAILURES, DISRUPTIONS, ERRORS,
DISTORTIONS OR DELAYS YOU MAY EXPERIENCE WHEN PARTICIPATING IN TESTNET, HOWEVER
CAUSED. THE COMPANY WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND
TAKES NO RESPONSIBILITY FOR AND WILL NOT BE LIABLE TO YOU FOR YOUR PARTICIPATION
IN TESTNET.
The Company makes no warranty that the Testnet will meet your requirements or be
available on an uninterrupted, secure, or error-free basis or free of viruses,
errors, or defects. The Company makes no warranty regarding the quality,
accuracy, timeliness, truthfulness, completeness or reliability of any
information or materials offered in connection with the Testnet. Any Rewards you
received (including any tokens) as part of the Testnet may have no value.
You understand and agree that:
access to the Testnet may require the use of your personal computer and/or
mobile devices, as well as communications with or use of data and storage on
such devices. You are responsible for any Internet connection or mobile fees and
charges that you may incur as part of your voluntary participation in the
Testnet;
certain information, including your on-chain transaction records, are all public
information and can be accessed by anyone, including participants and
non-participants of the Testnet; and
security and other blockchain audits undertaken by the Company or third parties
will access user data and could result in the loss of data or provoke actions
from telecommunications and other third party service providers.
YOU WAIVE AND RELEASE US FROM ANY AND ALL LIABILITIES, CLAIMS, CAUSES OF ACTION,
OR DAMAGES ARISING FROM OR IN ANY WAY RELATING TO ANY INFORMATION, TOOLS OR
SERVICES THAT WE OR OUR AFFILIATES PROVIDE IN CONNECTION THE SERVICES OR THE
TESTNET. FURTHER, YOU WAIVE THE BENEFITS AND PROTECTIONS OF CALIFORNIA CIVIL
CODE § 1542 OR ANY SIMILAR LAW OR REGULATION IN EFFECT IN THE JURISDICTION IN
WHICH YOU RESIDE. CALIFORNIA CIVIL CODE § 1542 PROVIDES: “[A] GENERAL RELEASE
DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND
THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL ANY COMPANY
PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF USE, LOST PROFITS, OR LOSS OF DATA
ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES OR THE TESTNET, HOWEVER
CAUSED AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT
LIABILITY, OR OTHERWISE, EVEN IF WE OR OUR SUPPLIERS OR LICENSORS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY
LAW, IN NO EVENT WILL THE CUMULATIVE LIABILITY OF US, OUR SUPPLIERS, AND OUR
LICENSORS FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES
OR THE TESTNET EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100).
YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING DISCLAIMERS, EXCLUSIONS AND
LIMITATIONS OF LIABILITIES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS
OF THE BARGAIN BETWEEN COMPANY AND YOU.
16. Indemnification.
To the fullest extent permitted by applicable law, you will indemnify, defend
and hold harmless the Company Parties from and against any Claims arising out
of, in connection with or related to: (a) your access to or use of the Services
or the Testnet; (b) your violation of these Terms; (c) your violation,
misappropriation or infringement of any rights of another (including
intellectual property rights or privacy rights); and (d) your conduct in
connection with the Services or your participation in the Testnet. You agree to
promptly notify the Company Parties of any third-party Claims, cooperate with
the Company Parties in defending such Claims and pay all fees, costs and
expenses associated with defending such Claims (including legal fees and
expenses). You also agree that the Company Parties will have control of the
defense or settlement, at Company’s sole option, of any third-party Claims.
17. Confidentiality.
You acknowledge that, in connection with your participation in the Testnet, you
may be exposed to data and information, including product, technology, business,
and strategy information that is confidential and proprietary to the Company,
its affiliates and/or their respective clients, service providers and business
partners (collectively, “Confidential Information”). All Confidential
Information shall be sole and exclusive property of the Company and may be used
by you only for assisting us in resolving any security issue you have reported
to us. You may not reveal, publish, or otherwise disclose the Confidential
Information to any third party without the prior written consent of the Company,
and shall protect the Confidential Information from disclosure using the same
degree of care you use to protect your own confidential information of like
kind, but in no event using less than reasonable care.
18. Governing Law; Forum.
These Terms and any action related thereto will be governed by the laws of the
British Virgin Islands without regard to its conflict of laws provisions. The
exclusive jurisdiction for all Disputes (defined below) will be in the British
Virgin Islands and you and Company each waive any objection to such jurisdiction
and venue.
19. Dispute Resolution.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE
CERTAIN DISPUTES AND CLAIMS WITH THE COMPANY AND LIMITS THE MANNER IN WHICH YOU
CAN SEEK RELIEF FROM US. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE
ALLOWED UNDER THIS ARBITRATION PROVISION. IN ADDITION, ARBITRATION PRECLUDES YOU
FROM SUING IN COURT OR HAVING A JURY TRIAL.
You and we agree that any dispute, claim or controversy arising out of or
relating to your participation in the Testnet, use of the Services, or these
Terms or the breach, termination, enforcement, interpretation or validity
thereof (collectively, “Disputes”) will be resolved solely by binding,
individual arbitration and not in a class, representative or consolidated action
or proceeding.
The arbitration will be conducted by the BVI International Arbitration Centre in
accordance with the BVI IAC Arbitration Rules then in effect, except as modified
by these Terms. The number of arbitrators shall be one (the “Arbitrator”). The
place of arbitration shall be Road Town, Tortola, British Virgin Islands, unless
the parties mutually agree otherwise. The language to be used in the arbitral
proceedings shall be English. The parties agree that the Arbitrator shall have
exclusive authority to decide all issues relating to the interpretation,
applicability, enforceability and scope of this arbitration agreement. Each
party shall be responsible for its own costs and expenses arising from the
arbitration, except as may otherwise be determined by the Arbitrator.
Notwithstanding anything to the contrary in these Terms, we retain the right to
seek injunctive or other equitable relief from any court to prevent (or enjoin)
the infringement or misappropriation of our intellectual property rights.
Other than as set out in Section 19(d), the Arbitrator shall determine all
issues of liability on the merits of any claim asserted by either party and may
award declaratory or injunctive relief only in favor of the individual party
seeking relief and only to the extent necessary to provide relief warranted by
that party’s individual claim. To the extent that you or we prevail on a claim
and seek public injunctive relief (that is, injunctive relief that has the
primary purpose and effect of prohibiting unlawful acts that threaten future
injury to the public), the entitlement to and extent of such relief must be
litigated in a civil court of competent jurisdiction and not in arbitration. The
parties agree that litigation of any issues of public injunctive relief shall be
stayed pending the outcome of the merits of any individual claims in
arbitration.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE COMPANY ONLY IN YOUR INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through
arbitration, the Arbitrator may not consolidate another person’s claims with
your claims and may not otherwise preside over any form of a representative or
class proceeding. If this specific provision is found to be unenforceable, then
the entirety of this Dispute Resolution section shall be null and void. You
agree to waive your right to a trial by jury or to participate in a class
action.
This Section 19 shall survive termination of these Terms.
20. General Terms.
You may not sell, assign or transfer any of your rights, duties or obligations
under these Terms without our prior written consent. Any attempt by you to
assign or transfer these Terms, without such consent, will be null and void. We
reserve the right to assign or transfer these Terms or any of its rights, duties
and obligations hereunder to any third party. Subject to the foregoing, these
Terms will bind and enure to the benefit of the parties, their successors and
permitted assigns.
Except as otherwise set forth herein, any notices or other communications to be
provided by Company under these Terms shall be deemed to have been delivered to
you: (i) if posted on the Company’s website, or on any applicable Company blog
or forum used for sharing of information (such as Telegram, Discord, or other
channels); or (ii) through other communications, including in person, in
writing, by facsimile or by e-mail. You agree to check the foregoing sources
regularly for updates. Any notices or other communications to be provided by you
under these Terms must be given at the following address: founders@berachain.com
Except as otherwise set forth herein, if any provision of these Terms is held by
an arbitrator or court of competent jurisdiction to be illegal or unenforceable,
the provision will be modified so as to be enforceable to the maximum extent
possible under Applicable Laws in accordance with the original intent of the
provision and the remainder of these Terms will remain in full force and effect.
The Company’s failure to enforce any right or provision of these Terms will not
be considered a waiver of such right or provision. The waiver of any such right
or provision will be effective only if in writing and signed by a duly
authorized representative of the Company. Except as expressly set forth in these
Terms, the exercise by either party of any of its remedies under these Terms
will be without prejudice to its other remedies under these Terms or otherwise.
Nothing herein shall constitute an employment, consultancy, joint venture, or
partnership relationship between you and the Company. These Terms reflect the
entire agreement between the parties relating to the subject matter hereof and
supersede all prior agreements, representations, statements and understandings
of the parties relating to the subject matter hereof. The section titles in
these Terms are for convenience only and have no legal or contractual effect.
Use of the word “including” will be interpreted to mean “including without
limitation.
If you have any questions about these Terms, the Services or the Testnet, please
contact us at: founders@berachain.com
21. Trading View
TradingView charts and analysis tools are integrated into our DeFi perpetual
trading platform under the terms of TradingView's API usage agreement and terms
of service. TradingView is a registered trademark of TradingView, Inc., and
their services are used in compliance with their respective terms and
conditions.
Privacy Policy
Last updated: December 18, 2023
This Privacy Notice explains how Berachain Corporation (the “Company”, “we”,
“our” or “us”) collects, uses, and discloses personal information in connection
with our websites, forums, blogs, web applications and other online products and
services (collectively the “services”).
This Privacy Notice does not address our privacy practices relating to job
applicants, employees and other personnel. This Privacy Notice is also not a
contract and does not create any legal rights or obligations.
OUR COLLECTION OF PERSONAL INFORMATION
The Company is the controller of the personal information we collect or
otherwise maintain in connection with our services. This means that we determine
and are responsible for how personal information is used.
The categories of personal information we collect depend on how you interact
with us and our services. The Company collects information that individuals
provide directly to us, information we collect automatically when individuals
interact with us, and information we collect from third-party sources and other
organizations.
Personal Information Individuals Provide Directly to Us
We may collect the following personal information individuals provide directly
to us in connection with our services:
Contact Information, including name, email address, social media handles, and
communication preferences;
Account Information, including username, profile pictures, profile description,
general location, trust level, join date, and the products and services
developed, used, or interacted with and any requests for feedback you provide in
connection with your account, including requests for feedback on code you have
developed;
Community information, including number of days visited, topics and posts
created, topics viewed, posts read, time spent reading, likes given and
received, badges, certifications, and community preferences;
Event, contest, promotion, and survey information, including contact
information, preferences, feedback, and other relevant content provided when
signing up for an event, entering a contest or promotion, or completing a
survey; and
Inquiry information, including information provided in custom messages sent
through our services or provided directly to a member of our team.
When an individual chooses to contact us, we may need additional information to
fulfill the request or respond to inquiries. We may provide additional
privacy-related information where the scope of the inquiry/request and/or
personal information we require fall outside the scope of this Privacy Notice.
In that case, the additional privacy notice will govern how we may process the
information provided at that time.
Personal Information Automatically Collected
As is true of many digital platforms, we and our third-party providers may also
collect certain personal information from an individual’s device, browsing
actions, and site usage patterns automatically when visiting or interacting with
our services, which may include:
Log data, such as cookie identifiers, internet protocol (IP) address, mobile
carrier, MAC address, user settings, mobile ad identifiers, Internet service
provider, browser or device information, the URL entered and the referring
page/campaign, date/time of visit, the time spent on our services, and any
errors that may occur during the visit to our services;
Analytics data, such as the electronic path taken to our services, through our
services, and when exiting our services, as well as information pertaining to
usage and activity on our services (including pages visited, links clicked,
content interacted with, and duration and frequency of the activities); and
Location data, such as general geographic location based on the log data we or
our third-party providers collect.
For information about our and our third-party providers’ use of cookies and
related technologies to collect information automatically, and any choices
individuals may have in relation to its collection, please review the Cookies
and Related Technologies section below.
Personal Information from Third Parties and Other Sources
We also obtain personal information from third-party sources, which we often
combine with personal information we collect either automatically or directly
from an individual.
We may receive the same categories of personal information as described above
from the following third parties:
Affiliates: We may receive personal information from other companies owned or
controlled by the Company, and other companies owning or under common ownership
with the Company, particularly when we collaborate in providing services.
Single Sign-On: Some parts of our services may allow community members to login
through a third-party social network or authentication service such as Discord,
Google, or Github. These services will authenticate the community member’s
identity and provide them the option to share certain personal information with
us, which could include name, email address, address book and contacts, or other
information. The data we receive is dependent on that third party’s policies and
the community member’s privacy settings on that third-party site. However, we do
not receive the community member’s login credentials for the relevant
third-party service. Instead, we receive tokens from the single sign-on service
to help identify the community member in our system (such as by their username)
and confirm the community member successfully authenticated with the single
sign-on services. This information allows us to more easily provide community
members access to our platform.
Social Media: If an individual chooses to interact with us on social media, we
may collect personal information about them from their social media account that
they make public. We use personal information collected in connection with their
social media account to communicate with them, better understand their interests
and preferences, and better understand our user base in the aggregate.
Identity Verification Providers: In rare circumstances, we may engage
third-party identity verification providers to help us verify the identity of a
specific individual with whom we are interacting. This information is used
primarily for purposes of preventing fraud.
Event, Promotion and Other Business Partners: We may from time to time offer
opportunities for individuals to take part in events or promotions, or obtain
services provided in connection with a third-party business partner. Our event,
promotion, and other business partners may collect or share personal information
with us in connection with the relevant event, promotion or service. For
example, we may receive personal information from third-party business partners
that help foster the community in order to identify community members eligible
for benefits in relation to a promotion.
Data Analytics Providers: We rely on third-party providers to help us collect
analytics relating to our services and user base. These data analytics providers
often collect personal information directly from individuals and share some or
all of this information with us in connection with their analytics services.
Other Service Providers: Other service providers that perform services solely on
our behalf, such as website hosting and marketing providers, collect personal
information and often share some or all of this information with us in
connection with their services.
Information Providers: We may from time to time obtain information from
third-party information providers to correct or supplement personal information
we collect. For example, we may obtain updated contact information from
third-party information providers to connect with an individual who may be
interested in our services.
Publicly Available Sources: We may collect personal information about
individuals that we do not otherwise have, such as contact information or an
individual’s interest in our services, from publicly available sources. We may
combine this information with the information we collect from an individual
directly.
Inferences: We may generate inferences or predictions about individuals and
their interests and preferences based on the other personal information we
collect and the interactions we have with the individuals.
Our Collection of Blockchain Information
Blockchain is a shared, immutable ledger used to record transactions of assets.
In connection with our services, we may collect the following blockchain
information directly from individuals, from the third parties identified above,
or from the public blockchain itself (including the Berachain blockchain):
Account Address: The unique blockchain address or domain from or to which assets
are transferred;
Wallet Information: The wallet connected to a specific account address;
Account Balance and Assets: The balance associated with the blockchain address,
as well as the assets stored in connection with that account;
Transaction Details: The transaction identifier, blockchain position for the
transaction, date and time of the transaction, type of transaction, amount sent
or received, fee amount, account address of the sender and recipient, and
storage size of the transaction;
Connected Apps: The name of the apps to which an individual connects using our
blockchain services.
We may in certain circumstances combine the blockchain information we obtain
with the personal information described above.
OUR USE OF PERSONAL INFORMATION AND BLOCKCHAIN INFORMATION
We use the information we collect to:
Manage our organization and its day-to-day operations;
Administer, provide, maintain, improve, and personalize our products and
services;
Improve and support the community;
Facilitate identity and transaction management services at your request;
Process or otherwise facilitate transactions and send you related information,
including confirmations, receipts, invoices, customer experience surveys, and
recall notices;
Personalize and improve your experience on our services;
Send you technical notices, security alerts, and support and administrative
messages;
Respond to your comments and questions and provide customer service;
Communicate with you about products, services, and events offered by the Company
and others and provide news and information that we think will interest you;
Tailor and provide you with content and advertisements, including through
in-person events, social media, email, and other online venues, based on
individual interests and interactions with us;
Monitor and analyze trends, usage, and activities in connection with our
services;
Facilitate contests, sweepstakes, and promotions and process and deliver entries
and rewards;
Test, enhance, update, and monitor the services, or diagnose or fix technology
problems;
Help maintain the safety, security, and integrity of our property and services,
technology assets, and business;
Detect, prevent, investigate, or provide notice of security incidents or other
malicious, deceptive, fraudulent, or illegal activity and protect the rights and
property of The Company and others;
Debug to identify and repair errors in our services;
Facilitate business transactions and reorganizations impacting the structure of
our business;
Defend, protect, or enforce our rights or applicable contracts and agreements;
Comply with our legal and financial obligations;
Carry out any other purpose described to you at the time the information was
collected.
OUR DISCLOSURE OF PERSONAL INFORMATION AND BLOCKCHAIN INFORMATION
We disclose the information we collect to:
Affiliates: We share information with other companies owned or controlled by the
Company, and other companies owning or under common ownership with the Company,
particularly when we collaborate in providing services.
Identity Verification Providers: Where we engage a third-party identity
verification provider to help us verify the identity of a specific individual
with whom we are interacting, we will typically provide the third-party identity
verification provider sufficient information to facilitate the identity
verification service.
Event, Promotion and Other Business Partners: Just as we may receive information
from our event, promotion and other business partners, we may share information
with them in connection with the relevant event, promotion or service we are
offering.
Data Analytics Providers: We may share information with our data analytics
providers to facilitate the analytics services they are providing us.
Other Service Providers: In addition to the third parties identified above, we
engage other third-party service providers that perform business or operational
services for us or on our behalf, such as web hosting, shipping and delivery,
payment processing, fraud prevention, customer service, contests, sweepstakes,
promotions, and marketing and advertising service. Depending on the function the
provider serves, the service provider may process information on our behalf or
have access to information while performing functions on our behalf.
Business Transaction or Reorganization: We may share or otherwise disclose
personal information or blockchain information to a third-party during
negotiations concerning, in connection with, or as an asset in a merger, sale or
other transfer of company assets, joint venture, financing, or acquisition of
all or a portion of our business by another company. Personal information or
blockchain information may also be disclosed in the event of insolvency,
bankruptcy, or receivership.
Legal Obligations and Rights: We share or otherwise disclose information to
third parties, such as our lawyers, other professional advisors and law
enforcement:
Where necessary to obtain advice or otherwise protect and manage our business
interests;In connection with the establishment, exercise, or defense of legal
claims;To comply with laws or to respond to lawful requests or legal process,
including lawful requests by public authorities to meet national security or law
enforcement requirements;To protect our rights and property and the rights and
property of others, including to enforce our agreements and policies;To detect,
suppress, or prevent fraud;To protect the health and safety of us and others;As
otherwise required by applicable law.
Otherwise with Consent or Direction: We may share or otherwise disclose
information with your consent or at your direction. We may also share community
content with your intended recipients or make information available to the
public blockchain to facilitate proper recording of activities relating to your
blockchain wallet. We also share aggregated or de-identified information that
cannot reasonably be used to identify you.
Cookies and Related Technologies
We engage third parties to provide us with analytics and other services across
the web and in mobile apps. We and our third-party providers may use (i) cookies
or small data files that are stored on an individual’s computer and (ii) other,
similar technologies, such as web beacons, pixels, embedded scripts,
location-identifying technologies and logging technologies (collectively,
“cookies”) to automatically collect personal information and use or disclose the
personal information for the purposes described in the sections above, including
to analyze and track data, determine the popularity of certain content, and
better understand each user’s online activity.
If an individual would prefer not to accept cookies, most browsers will allow
the individual to: (i) change the individual’s browser settings to notify the
individual when the individual receives a cookie, which lets the individual
choose whether to accept it; (ii) disable existing cookies; or (iii) set the
individual’s browser to automatically reject cookies. Please note that doing so
may negatively impact the individual’s experience using our website, as some
features and offerings may not work properly or at all. Depending on the
individual’s device and operating system, the individual may not be able to
delete or block all cookies. In addition, if the individual wants to reject
cookies across all browsers and devices, the individual will need to do so on
each browser on each device the individual actively uses.
The individual may also set their email options to prevent the automatic
downloading of images that may contain technologies that would allow us to know
whether they have accessed our email and performed certain functions with it.
CHILDREN’S PERSONAL INFORMATION
Our services are not directed to, and we do not intend to, or knowingly, collect
or solicit personal information from children under the age of 13. If an
individual is under the age of 13, they should not use our services or otherwise
provide us with any personal information either directly or by other means. If a
child under the age of 13 has provided personal information to us, we encourage
the child’s parent or guardian to contact us to request that we remove the
personal information from our systems. If we learn that any personal information
we collect has been provided by a child under the age of 13, we will promptly
delete that personal information.
LINKS TO THIRD-PARTY WEBSITE OR SERVICE
Our services may include links to third-party websites, plug-ins, and
applications. Except where we post, link to, or expressly adopt or refer to this
Privacy Notice, this Privacy Notice does not apply to, and we are not
responsible for, any personal information practices of third-party websites and
online services or the practices of other third parties. To learn about the
personal information practices of third parties, please visit their respective
privacy notices.
UPDATES TO THIS PRIVACY NOTICE
We may change this Privacy Notice from time to time. If we make changes, we will
notify you by revising the date at the top of this notice and, if we make
material changes, we may provide you with additional notice (such as adding a
statement to our services or sending you a notification). We encourage you to
review this Privacy Notice regularly to stay informed about our information
practices and the choices available to you.
Contact Us
If you have any questions or requests in connection with this Privacy Notice or
other privacy-related matters, please send an email to: founders@berachain.com.
ADDITIONAL PRIVACY DISCLOSURES
Residents of the European Economic Area
If you are a resident of the European Economic Area (“EEA”), you have certain
rights and protections under the law regarding the processing of your personal
data. Any reference to Personal Information in this Privacy Policy should be
understood as referring to “personal data”, defined under the General Data
Protection Regulation (“GDPR”) as “any information relating to an identified or
identifiable natural person (“data subject”); an identifiable natural person is
one who can be identified, directly or indirectly, in particular by reference to
an identifier such as a name, an identification number, location data, an online
identifier or to one or more factors specific to the physical, physiological,
genetic, mental, economic, cultural or social identity of that natural person”.
Legal Basis for Processing
Data Subject Requests
If you are a resident of the EEA, you have the right to access personal data we
hold about you and to ask that your personal data be corrected, erased, or
transferred. You may also have the right to object to, or request that we
restrict, certain processing. If you would like to exercise any of these rights,
you can contact us as indicated below. Please note that the limitation or
deletion of your personal data may mean we will be unable to provide our
Services. You also have the right to receive your personal data in a
machine-readable format and have the data transferred to another party
responsible for data processing.
Questions or Complaints
If you are a resident of the EEA and have a concern about our processing of
personal data that we are not able to resolve, you have the right to lodge a
complaint with the data privacy authority where you reside. For contact details
of your local Data Protection Authority, please see:
http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm.
Residents of California
California Civil Code Section § 1798.83 permits users who are California
residents to request certain information, including the categories of personal
information disclosed to third parties for their marketing purposes and the
names and addresses of those third parties, regarding our disclosure of personal
information to third parties for their direct marketing purposes, if any. If you
are a California resident and you have questions about our practices with
respect to sharing information with third parties and affiliates for their
direct marketing purposes, please contact us at founders@berachain.com.
By checking the box below and using our services, you acknowledge that you have
read, understood, and agree to be bound by the terms and conditions, including
any additional guidelines and future modifications (the "Terms of Service"). If
you do not agree to these terms, please do not use our services.
I have read, understood, and agree to be bound by the terms and conditions,
including any additional guidelines and future modifications outlined in the
Public Testnet Terms of Use.
I AGREEI DISAGREE
SwapPoolRewards
 * Explore


Toggle theme
Connect


🌱 NEW TO 🐻 BERACHAIN?

Kick off your journey with these helpful tips.


SWAP OPEN POPOVER

 * Select a token
   
   
   

 * Select a token
   
   

Exchange rate

-

Gas fee

<0.0001 Bwei

Connect


FOOTER

© 2024 Berachain | All rights reserved | Terms of Service | Privacy Policy

Made W/❤️ at the 🐻Beraden

*Annual Percentage Yield (APY) data is provided from third party and publicly
available information, is subject to change, may not be accurate or complete and
may not reflect your actual earnings but rather the general network yields
estimated to be applicable to all relevant network participants based on current
conditions of the network, which may change. Presented rates are retrospective
in nature and there is no guarantee that historic rates will represent current
or future rates. APY data is provided for informational purposes only and should
not be relied on.