Be advised that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you.
We reserve the right to change the terms and conditions of this Agreement by providing you with notice of such changes, such as providing notice through the Site, or updating the "Last Updated" date at the beginning of this Agreement. Any changes we make will be effective immediately upon providing notice to you. Your continued use of the Site will constitute your acceptance of any such updated Agreement terms. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.Section 2: Rules Governing Your Use of the Site
The Site will provide you with information relating to our services and the use of tokens apeswap.finance offers.
You represent and warrant that you are old enough legally a on your country of residence and have the full right, power, and authority to enter into and perform this Agreement without the consent or approval of any third party.
You may not use the Site, or assist or encourage any other party, to engage in any of the following prohibited activities:
Violating any applicable law, statute, ordinance, or regulation, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability;
Copying, framing, or mirroring any part of the Site;
Permitting any third party to access the Site;
Publishing, transmitting, distributing, or storing content, material, information, or data that: (a) is illegal, obscene, defamatory, libelous, threatening, harassing, abusive, or hateful or that advocates violence or threatens the health of others; (b) is harmful to or interferes with the Site or any third party’s networks, equipment, applications, services, or websites (e.g., viruses, worms, Trojan horses, etc.); (c) infringes, dilutes, misappropriates, or otherwise violates any privacy, intellectual property, publicity, or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets, or other proprietary information (including unauthorized use of domain names); or (d) is fraudulent or contains false, deceptive, or misleading statements, claims, or representations (such as “phishing”);
Attempting to disrupt, degrade, impair, or violate the integrity or security of the Site or the computers, services, accounts, or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing, or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of the Company internet protocol space;
Collecting or harvesting any personally identifiable information, including account names, from the Site;
Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
Submitting to the Site or to the Company any personally identifiable information, except as requested by the Company;
Bypassing the measures we may use to prevent or restrict access to the Site;
Transmitting any trade secret or other material, non-public information about any person, company, or entity without the authorization to do so;
Removing any copyright, trademark, or other proprietary rights notices contained in or on the Site;
Sublicensing, selling, renting, leasing, transferring, assigning, or conveying any rights under this Agreement to any third party, except as expressly permitted herein;
Executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine, or display any packets used to communicate between the Company’s servers or any data not intended for you; and/or Harvesting or collecting information about any Site visitors or members.
Improper use of the Site may result in termination of your access to and use of the Site, and/or civil or criminal liabilities. You agree to use the Site in accordance with all applicable laws and regulations.
Users and purchasers of crypto assets must be made aware of certain illustrative risk factors as set out in Appendix A.
3.1 Your Rights. The Company grants you a limited, revocable right to access and use the Site solely for your own internal, non-commercial use. Use of the Site for any other purpose is strictly prohibited. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site. Except as expressly set forth herein, no rights or licenses are granted to you under this Agreement, whether by implication, estoppel, or otherwise.
3.2 Company Rights. The Site and its contents are owned and operated by the Company. The Site and its contents are protected by international copyright, trademark, and other laws and will remain the property of the Company. The Company reserves all rights not expressly granted herein in the Site. You acknowledge that you do not acquire any ownership rights by using the Site. The trademarks, logos, and service marks displayed on the Site (collectively, the "Company Trademarks") are the registered and unregistered trademarks of the Company. Nothing contained in this Agreement, or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Company Trademarks without the express written permission of the Company.Section 4: Privacy
This Agreement is effective from the date on which you first access the Site and shall remain effective until terminated in accordance with its terms. The Company may immediately terminate this Agreement, and/or your access to and use of the Site, or any portion thereof, at any time and for any reason, with or without cause, by providing notice to you. The Company may also terminate this Agreement immediately if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to access and use the Site shall immediately cease and you shall cease all access and use of the Site.
Upon termination or expiration of this Agreement for any reason, Sections 1, 2, 3.2, 4 and 11 shall survive.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any part or portion thereof. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, or any part or portion thereof. Nothing in this Agreement shall be construed to obligate the Company to maintain and support the Site, or any part or portion thereof, during the term of this Agreement.
The site is provided “as is” and “with all faults” and without warranties of any kind, either express or implied, and all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, completeness, merchantability, fitness for a particular purpose, any warranties that may arise from course of dealing, course of performance, or usage of trade, and any warranties that the site is current and/or up-to-date are hereby expressly disclaimed to the fullest extent permissible under applicable law.
There is no warranty, representation, or guarantee that the site, or your use of the site, will be uninterrupted, complete, accurate, current, reliable, error-free, secure, or that any problems will be corrected, or that the site, or any information, software, or other material accessible from the site, is free of viruses or other harmful components. we do not warrant, guarantee, or make any representation regarding the use of, or the results of the use of, the site and you assume all responsibility and risk for your use of the site, and your reliance thereon.
Notwithstanding the failure of essential purpose of any limited remedy of any kind, neither the company nor any of its licensors, sponsors, agents, successors, or assigns, nor our or their directors, officers, employees, consultants, or other representatives, are responsible or liable for any incidental, consequential, special, exemplary, punitive or other indirect damages (including, without limitation, any loss of profits, lost savings, or loss of data) under any contract, negligence, strict liability, or other theory arising out of or relating in any manner to your use, or inability to use, the site, whether or not we have been informed of the possibility of such damages or liabilities.
Some jurisdictions do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain of the above limitations or exclusions may not apply to you.
You agree to fully indemnify, defend (at the Company’s request), and hold the Company, our licensors, suppliers, agents, successors, and assigns, and our and their directors, officers, employees, consultants, and other representatives (collectively, the “Company Parties”) harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your actual or alleged breach of this Agreement; (b) any allegation that any materials you submit to us or transmit to the Site infringe, misappropriate, or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Site; (d) your negligence or willful misconduct; (e) your use of the results, content, data, or information provided via the Site; (f) any service or product offered by you in connection with or related to your use of the Site; and/or (g) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities.Section 9: Jurisdictional Issues
The Company makes no representation that the Site operates (or is legally permitted to operate) in all geographic areas, or that the Site is appropriate or available for use in other locations. Accessing the Site from territories where the Site or any content or functionality of the Site or portion thereof is illegal is expressly prohibited. If you choose to access the Site, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws.Section 10: Choice of Law and Forum
This Agreement and your relationship with the Company shall be governed by, and construed and interpreted in accordance with, the laws of the Cayman Islands regarding consumers, without regard to its conflict of laws principles. The parties irrevocably consent to bring any action to enforce this Agreement in courts located in Cayman Islands, and you consent to the exclusive jurisdiction of the located in Cayman Islands.Section 11: Miscellaneous
If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, then the remaining provisions will nevertheless remain in full force and effect, and such provision will be reformed in a manner to effectuate the original intent of the parties as closely as possible and remain enforceable. If such reformation is not possible in a manner that is enforceable, then such term will be severed from the remaining terms, and the remaining terms will remain in effect. This is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. This Agreement may not be changed, waived, or modified except by a written instrument signed by the Company. If any employee or third party consultant hired by the Company offers to modify this Agreement, he or she is not acting as an agent for the Company or speaking on the Company’s behalf. You may not rely, and should not act in reliance on, any statement or communication from an employee of the Company or anyone else purporting to act on the Company’s behalf. This Agreement is between you and the Company; there are no third-party beneficiaries. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with the Company’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. The Company may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Except as explicitly stated otherwise, legal notices shall be served on the Company at firstname.lastname@example.org. Notice to you shall be deemed given 24 hours after the e-mail is sent. For just common notices to the platform users in charge, you can you head to the Telegram or Discord space. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
The Site is Operated By
Effective February 13, 2021
A private key, or a combination of private keys, is necessary to access a digital wallet or vault containing a purchaser’s BANANA tokens. As a result, such private key(s) are necessary in order to control, sell and otherwise dispose of the BANANA tokens stored in such digital wallet or vault. The loss of the private key(s) needed to access such digital wallet or vault containing a purchaser’s BANANA tokens will result in such purchaser’s effective loss of such BANANA tokens. Furthermore, any third-party that gains access to such private key(s), including by gaining access to login credentials of a digital wallet or vault service that a purchaser uses, may be able to misappropriate a purchaser’s BANANA tokens. Any errors or malfunctions with respect to the digital wallet or vault a purchaser uses to receive and store BANANA tokens, including such purchaser’s failure to properly maintain or use such digital wallet or vault, could also result in such purchaser’s effective loss of BANANA tokens. Additionally, a purchaser’s failure to precisely follow the procedures for buying and receiving BANANA tokens, including, for instance, providing the wrong wallet or vault address for receiving BANANA tokens, could result in such purchaser’s effective loss of BANANA tokens.Risks Associated with the BNB Chain Protocol (BNB) or other Blockchain Protocol that runs Banana Token.
BANANA tokens are based on the BNB Chain. As such, any malfunction, unintended function, unexpected functioning, forking, breakdown or abandonment in the BNB Chain protocol or other Blockchain protocol, or any attack on such, could cause BANANA tokens to malfunction or function in an unexpected or unintended manner, including, but not limited to, impacting your ability to transfer or securely hold BANANA tokens. Such impact could adversely affect the value of BANANA tokens. Furthermore, advances in cryptography or other technical advances, such as the development of quantum computing, could present risks to BANANA tokens by rendering ineffective the cryptographic consensus mechanism that underpins the BNB Chain protocol or other blockchain protocol.Risk of Hacking and Security Weaknesses
Hackers and other malicious groups or organizations may attempt to interfere with the functioning and ownership of BANANA tokens in a variety of ways, including, but not limited to, undertaking malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing and spoofing. Furthermore, because BANANA tokens are based on open-source software, there is a risk that a third-party or a member of the ApeSwap Foundation team could intentionally or unintentionally introduce weaknesses into BANANA tokens which could in turn be exploited by such groups. It may be difficult for the ApeSwap Foundation to maintain or develop BANANA tokens to address emerging issues or malicious programs that develop adequately or in a timely manner, and ApeSwap Foundation may not have adequate resources to do so. Such events could result in a loss of trust in the security and operation of BANANA tokens, which could materially adversely affect the value of BANANA tokens and the ownership thereof.Risk of Theft of Funds Raised in the Token Generation Event
The ApeSwap Foundation will make every effort to ensure that the funds received from the BANANA token sale will be securely held. Notwithstanding such security measures, there is no assurance that there will be no theft of the cryptocurrencies as a result of hacks, sophisticated cyber-attacks, distributed denials of service or errors, vulnerabilities or defects on the ApeSwap Foundation website, in the smart contract(s) on which the escrow wallet and the BANANA token sale relies, on BNB Chain or any other blockchain, or otherwise.
Such events may include, for example, flaws in programming or source code leading to exploitation or abuse thereof. In such event, even if the BANANA token sale is completed, the ApeSwap Foundation may not be able to receive the cryptocurrencies raised. In such case, the ApeSwap platform and any associated plans might be temporarily or permanently curtailed. As such, distributed BANANA tokens may hold little worth or value.
Blockchain technologies and cryptocurrencies are relatively recent technologies which have developed rapidly and have been rolled out into numerous applications. This evolution has presented novel issues in terms of the classification, regulation and control of these technologies. As a result, it is often unclear what, if any, regulatory regime is applicable to blockchain technologies and cryptocurrencies.
As the popularity of blockchain technologies and cryptocurrencies, as well as the aggregate capitalization of cryptocurrencies, have grown, blockchain technologies have come under the scrutiny of various regulatory bodies around the world, and in some cases initiated efforts to regulate, their use and operation.
In light of this evolving technological and legal landscape, the regulation of tokens (including BANANA tokens), token offerings, cryptocurrencies, blockchain technologies, and cryptocurrency exchanges is likely to continue to evolve rapidly, to vary significantly among international jurisdictions and regulatory bodies, and to be subject to significant uncertainty. Going forward, various legislative, executive, and regulatory bodies in countries could adopt laws, regulations or guidance, or take other actions, which could materially negatively impact the functioning, use or legality of BANANA tokens. For example, regulatory inquiries or actions, including the imposition of licensing requirements or restrictions on the use, sale, or possession of digital tokens such as BANANA tokens, could impede, limit or terminate the development of the tokens.
Furthermore, any failure by the ApeSwap Foundation, purchasers of BANANA tokens or related parties to comply with any laws, rules, and regulations, some of which may not yet exist or may be subject to uncertain or varying interpretation, and which may be subject to change, could result in a variety of adverse consequences for such parties, including civil penalties and fines.
The regulatory landscape of blockchain technologies and cryptocurrencies is also uncertain and varied. Various jurisdictions could, in the near future, adopt laws, regulations or directives that affect BANANA tokens. Such laws, regulations or directives may negatively and impact ApeSwap Foundation business. The effect of any future regulatory change is impossible to predict and could have a material adverse effect on the ApeSwap Foundation, the value of the tokens and holders tokens.
New or changing laws and regulations, or interpretations of existing laws and regulations, could also materially adversely affect the value of currencies into which BANANA tokens may be exchanged, the liquidity of the tokens, the ability to access marketplaces or exchanges to trade the tokens and the structure, use and transferability of the tokens. The ApeSwap Foundation may choose to cease operations in a particular jurisdiction in the event that regulatory actions, or changes to law or regulation, make it illegal to operate in such jurisdiction, or commercially undesirable to obtain the necessary regulatory approvals to operate in such jurisdiction.
Cryptographic tokens, especially those built on the BNB Chain, such as BANANA tokens, are generally tradable on exchanges or through direct peer-to-peer trading protocols that are not currently regulated by any governmental authority in a manner that traditional stock or equity interests are regulated. Therefore, purchasers of BANANA tokens are not afforded any of the protections of laws or regulations that purchasers of traditional shares or equity would enjoy. Additionally, the ApeSwap Foundation has included transfer restrictions as a condition for the purchase of any BANANA tokens, but, due to the interoperability of BNB Chain tokens, such as BANANA tokens, the ApeSwap Foundation may not be able to effectively enforce such restrictions and may be unable to prevent the negative consequences of unauthorized BANANA token transfers and potentially subject the ApeSwap Foundation to regulatory fines, actions or registration requirements.Risks Associated with Cryptocurrency Exchanges
Cryptocurrency exchanges on which BANANA tokens may trade may be relatively new and largely unregulated and may therefore be more exposed to fraud and failure than established regulated exchanges. To the extent that the cryptocurrency exchanges representing a substantial portion of the volume in BANANA token trading are involved in fraud or experience security failures or other operational issues, such cryptocurrency exchange failures may result in a reduction in the price and can adversely affect the value of the tokens. A lack of stability in cryptocurrency exchanges and the closure or temporary shutdown of cryptocurrency exchanges due to fraud, business failure, hackers or malware, or government-mandated regulation may result in greater volatility in the price of the tokens.Risks Related to Future Sales or Issuance of BANANA tokens
Any future sale or issuance of the BANANA tokens would increase the supply of BANANA tokens in the market and this may result in a downward price pressure on the BANANA tokens. The sale or distribution of a significant number of BANANA tokens outside of the token generation event (including but not limited to the sales of BANANA tokens undertaken after the completion of the pre-sale and issuance of BANANA tokens to persons other than purchasers for purposes outlined in the whitepaper), or the perception that such further sales or issuance may occur, could adversely affect the trading price of BANANA tokens.Risks Related to Token Taxation
The tax characterization of BANANA tokens in the United States and elsewhere is uncertain. Purchasers of the tokens must seek their own tax advice in connection with purchasing, holding and selling the tokens, which may result in adverse tax consequences, including withholding taxes, increased income tax liability and additional tax reporting requirements. Purchasers of the tokens should consult with and must rely upon the advice of their own professional tax advisors with respect to the U.S. and non-U.S. tax treatment of their receipt, purchase, holding and sale of the tokens.Risk of Negative Publicity
Negative publicity involving the ApeSwap Foundation, BANANA tokens, or any of the key personnel of the ApeSwap Foundation, regulation of cryptocurrencies in the U.S. or worldwide, may materially and adversely affect the market perception or market price of the BANANA token, whether or not it is justified.Risk of Personal Information Disclosure
The ApeSwap Foundation may determine, in its sole discretion, that it is necessary to obtain certain information about a purchaser of BANANA tokens in order to comply with applicable law or regulation in connection with selling BANANA tokens to such purchaser. A purchaser may be asked to provide such information upon request, and the ApeSwap Foundation may refuse to sell BANANA tokens to such purchaser until they provide the requested information and the ApeSwap Foundation has determined that it is permissible to sell BANANA tokens to them under applicable law or regulation. The ApeSwap Foundation will take reasonable measures to ensure that any such disclosed personal information is maintained confidentially and/or destroyed as applicable, but where such information is transmitted or stored electronically, there is a risk of its unintentional disclosure to third parties as a result of hacking, accidental disclosure or disclosure demanded by governmental authorities.Risk of Uninsured Losses
Unlike bank accounts or accounts at certain other financial institutions, BANANA tokens are uninsured as a store of value unless a purchaser specifically obtains private insurance to insure them. Thus, in the event of loss or loss of value of BANANA tokens, there is no public insurer, such as the Federal Deposit Insurance Corporation, or private insurance arranged by the ApeSwap Foundation, to offer recourse to a purchaser of BANANA tokens.Unanticipated Risks
Cryptographic tokens are a new and untested technology. In addition to the risks discussed here there are risks that the ApeSwap Foundation cannot anticipate. Further risks may materialize as unanticipated combinations or variations of the aforementioned risks, or yet unforeseen risks, develop. Such risks could have unanticipated consequences, including a material adverse impact on the value of BANANA tokens or the ownership thereof.