MetaPath Terms of Service
Effective Date:
Last Updated Date
TERMS OF SERVICE
DEFINITIONS:
“Digital Assets” refers to tokens, non-fungible tokens (NFTs), and GameFi items implemented on the MetaPath Protocol using smart contracts, including without limitation, MetaMask, TokenPocket, HuobiWallet, Bitkeep, BitPie, Phantom, HyperPay, Aolink, CoinbaseWallet, ONTO, MathWallet, imToken.
“NFT” means a non-fungible token or similar digital item implemented on a blockchain (such as the Ethereum blockchain), which uses smart contracts to link to or otherwise be associated with certain content or data.
Please note that MetaPath reserves the right to update this list without prior notice.
INTRODUCTION:
MetaPath is the intellectual property of SWFT Blockchain, an all-in-one cryptocurrency platform with instant cross-chain swaps & payments.
SWFT Blockchain is a next-generation, cross-chain transfer platform, and payment network. SWFT Blockchain’s technology combines blockchain, machine learning, and big data to enable direct swaps between over 200 cryptocurrencies at record speeds. SWFT Blockchain’s cryptocurrency transfer platform and wallet app feature one-click in-wallet transfers, decentralized transfers, price limit orders, and payments using SWFT Pay; offering a fast, affordable, and secure cryptocurrency experience. SWFT Blockchain has received funding from top VCs, including Draper Dragon, and is in the first cohort of startups at Berkeley Blockchain Xcelerator.
SWFT Blockchain is incorporated in Singapore in 2017 with registration number ________ and address at ______________________ d/b/a MetaPath Protocol (“MetaPath Protocol, MetaPath” “we,” “us” or “our”).
These Terms of Service (these “Terms”) govern your access to and use of the MetaPath website; including without limitation to the creation, purchase, sale, exchange, or modification of certain digital assets; our online services provided on or in connection with those services (collectively referred to as the “Service”).
METAPATH IS A TECHNOLOGICAL PLATFORM AND NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. METAPATH FACILITATES ROUTING TRANSACTIONS ACROSS-CHAIN BUT IS NOT A PARTY TO THE TRANSACTION. DUE TO THE DECENTRALIZED NATURE OF THE SERVICE WE PROVIDE, AT NO STAGE DOES METAPATH HOLD OR POSSESS ANY ASSETS ON BEHALF OF THE USERS.
LINKING A DIGITAL WALLET:
Action on the MetaPath website such as: initiating a routing transaction, can be performed strictly by linking your digital wallets on supported bridge extensions. We advise you to read the details on their website before you elect to use them. Before initiating a transaction on MetaPath, you will need to connect a supported electronic wallet extension and unlock your digital wallets with that extension.
ALL TRANSACTIONS INITIATED THROUGH OUR SERVICE ARE FACILITATED AND RUN BY THESE THIRD-PARTY ELECTRONIC WALLET EXTENSIONS, AND BY USING OUR SERVICES YOU AGREE THAT YOU ARE GOVERNED BY THE TERMS OF SERVICE AND PRIVACY POLICY FOR THE APPLICABLE EXTENSIONS.
NO REPRESENTATION:
YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS YOU PURCHASE ON METAPATH. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, METAPATH MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS ON THE PLATFORM.
THESE TERMS OF SERVICE ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS, SO PLEASE READ THEM CAREFULLY. WE WANT TO LET YOU KNOW THAT THE TERMS INCLUDE AN ARBITRATION AGREEMENT THAT WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT-OUT OF THE ARBITRATION AGREEMENT:
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND
YOU ARE AGREEING TO A MANDATORY INDIVIDUAL ARBITRATION FOR THE RESOLUTION OF DISPUTES AND WAIVING YOUR RIGHT TO A JURY TRIAL ON YOUR CLAIMS.
BY USING OUR SERVICES AND/OR PURCHASING DIGITAL ASSETS, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE OUR SERVICE OR PURCHASE DIGITAL ASSETS ON OUR PLATFORM.
CHANGES TO THE TERMS OF SERVICE:
MetaPath reserves the right to change or modify these Terms at any time and at our sole discretion. If we make changes to these Terms, we will provide notice of such changes by providing notice through the Service, or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use our Service, you confirm your acceptance of the revised Terms and all the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Service. If you do not agree to the revised Terms, you may not access or use our Service.
We sometimes need to describe additional terms for specific services. Those additional terms and conditions, which are available with the relevant services, will then automatically become part of your agreement with us if you use those services.
PRIVACY POLICY:
Please refer to our privacy policy for information about how we collect, use, and share personal information about you.
Regulatory Requirements: MetaPath may require you to provide additional information and documents at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-laundering (legalization) of incomes obtained by criminal means, or for counteracting financing of terrorism. MetaPath may also require you to provide additional information and documents in cases where it has reasons to believe that:
Our service is being used for money laundering or any other illegal activity,
You have concealed or reported false information and other details; or
Transactions executed on our service were affected in breach of these Terms.
In such cases, MetaPath, in its sole discretion, may pause or cancel your transactions until such additional information and documents are reviewed by MetaPath and accepted as satisfying the requirements of applicable law.
Privacy Policy - By submitting personal data through our Site or Services, you agree to the terms of our privacy policy and you expressly consent to the collection, use, and disclosure of your personal data in accordance with the privacy policy.
NECESSARY EQUIPMENT AND SOFTWARE:
You must provide all equipment and software necessary to connect to the Service and services, including but not limited to, a mobile device that is suitable to connect with and use the service and services, in cases where the Service offers a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service or services.
OWNERSHIP:
Unless otherwise indicated in writing by us, the Service and all content and other materials contained therein, including, without limitation, the MetaPath logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of MetaPath or our affiliates, licensors or users, as applicable.
Third-Party Components: Notwithstanding anything to the contrary in these Terms, the Service and Content may include software components provided by MetaPath or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
MetaPath IP ‘Authorization for Use’ Requirement: The MetaPath logo and any MetaPath product or service names, logos, or slogans that may appear on the Service or Service are trademarks of MetaPath or our affiliates and may not be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “MetaPath” or any other name, trademark product, or service name of MetaPath or our affiliates without our prior written permission. In addition, the look and feel of the Service and Content, including, without limitation, all page headers, custom graphics, button icons, and scripts, constitute the service mark, trademark, or trade dress of MetaPath and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and MetaPath names or logos mentioned on the Service are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes, or other information by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by MetaPath.
License to Access and Use Our Service and Content
You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, and personal license to access and use the Service and Content; provided, however, that such license is subject to these Terms and does not include any right to:
sell, resell or use commercially the Service or Content,
distribute, publicly perform or publicly display any Content,
modify or otherwise make any derivative uses of the Service or Content, or any portion thereof,
use any data mining, robots, or similar data gathering or extraction methods,
download (other than page caching) any portion of the Service or Content, except as expressly permitted by us, and
use the Service or Content other than for their intended purposes.
Hyperlinks
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Service for noncommercial purposes, provided that such link does not portray MetaPath or our affiliates or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any offensive material, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a logo or other proprietary graphic of MetaPath to link to the Service or Content without our express written permission. Further, you may not use, frame, or utilize framing techniques to enclose any MetaPath trademark, logo, or other proprietary information, including the images found on the Service, the content of any text or the layout or design of any page, or form contained on a page, on the Service without our express written consent.
Third-Party Services
The Service may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left our Service and are subject to the Terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications are not under the control of MetaPath. MetaPath is not responsible for any Third-Party Websites or Third-Party Applications. MetaPath provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services. You use all links in Third-Party Websites and Third-Party Applications at your own risk. When you leave our Service, our Terms and policies no longer govern. You should review all applicable agreements and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
USER CONDUCT
You agree that you will not violate any law, contract, intellectual property, or other third-party rights and that you are solely responsible for your conduct while accessing or using our Service or executing a transaction. You agree that you will abide by these Terms and will not:
Provide false or misleading information to MetaPath;
Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner;
Develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Service;
Reverse engineer any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Service, area, or code of the Service;
Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Service that you are not authorized to access;
Use any robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Service, extract data or otherwise interfere with or modify the rendering of Service pages or functionality;
Use data collected from our Service to contact individuals, companies, or other persons or entities;
Use data collected from our Service for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
Bypass or ignore instructions that control all automated access to the Service;
Use the Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms;
Use the Platform to carry out any illegal activities, including but not limited to money laundering, terrorist financing, or deliberately engaging in activities designed to adversely affect the performance of the Ethereum Platform, or the Service;
Engage in wash trading or other deceptive or manipulative trading activities;
Use the Service to carry out any financial activities subject to registration or licensing, including but not limited to creating, listing, or buying securities, commodities, options, real estate, or debt instruments.
These policies are made to ensure that our platform offers the widest selection of assets possible while promoting trust and respect, as well as adherence to the law.
Delisting:
MetaPath may exercise judgment in allowing or disallowing certain assets, listings, smart contracts, and collections in line with the spirit of openness in a worldwide community of users of a radical new technology. We carefully consider the complete situation and all its details in light of our policies before deciding to remove inappropriate assets, listings, smart contracts, and collections when we discover them or they're brought to our attention.
Assets, listings, smart contracts, and collections that MetaPath deems inappropriate, disruptive, or illegal are prohibited on MetaPath. MetaPath reserves the right to determine the appropriateness of listings on its site and remove any listing at any time. If you create or offer an asset, listing, smart contract, or collection in violation of these policies, we will take corrective actions, as appropriate, including but not limited to removing the asset, listing smart contract, or collection. MetaPath cannot destroy or impound your assets or smart contracts, but we reserve the right to destroy inappropriate metadata stored on our servers.
Assets, listings, smart contracts, and collections that include metadata that violates international or intellectual property laws, promotes suicide or self-harm, incites hate or violence against others, degrades or doxes another individual, depicts minors in sexually suggestive situations, or is otherwise illegal are prohibited on MetaPath and will be removed.
Assets, listings, smart contracts, and collections with a primary or substantial purpose in a game or application that violates international or the United States intellectual property laws, promotes suicide or self-harm, incites hate or violence against others, degrades or doxes another individual, depicts minors in sexually suggestive situations, or is otherwise illegal in the United States are prohibited on MetaPath and will be removed.
We require all users to be 18 years old or older. If you are under 18, you may use MetaPath under the supervision of a parent or guardian.
Indemnification:
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless MetaPath, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “MetaPath Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to:
your use or misuse of the Service, User Information or digital Assets,
any feedback you provide,
your violation of these Terms, and
your violation of the rights of a third party, including another user.
You agree to promptly notify MetaPath of any third-party Claims and cooperate with the MetaPath Parties in defending such Claims. You further agree that the MetaPath Parties shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND METAPATH.
Disclaimers:
Except as expressly provided to the contrary in a writing by MetaPath, the service, content contained therein, and digital assets listed therein are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied. MetaPath (and its suppliers) make no warranty that the service:
will meet your requirements;
will be available on an uninterrupted, timely, secure, or error-free basis; or
will be accurate, reliable, complete, legal, or safe.
MetaPath disclaims all other warranties or conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement as to the service, content contained therein. MetaPath does not represent or warrant that content on the service is accurate, complete, reliable, current, or error-free. We will not be liable for any loss of any kind from any action taken or taken in reliance on material or information, contained in the service. While MetaPath attempts to make your access to and use of the service and content safe, MetaPath cannot and does not represent or warrant that the service, content, any digital assets listed on our service or our servers are free of viruses or other harmful components. We cannot guarantee the security of any data that you disclose online. You accept the inherent security risks of providing information and dealing online over the internet and will not hold us responsible for any breach of security unless it is due to our gross negligence.
We will not be responsible or liable to you for any loss and take no responsibility for, and will not be liable to you for, any use of digital assets, including but not limited to any losses, damages, or claims arising from:
user error such as incorrectly constructed transactions, or mistyped addresses;
server failure or data loss;
corrupted wallet files;
unauthorized access to applications;
any unauthorized third-party activities, including without limitation the use of viruses, phishing, brute-forcing, or other means of attack against the service or digital assets.
MetaPath is not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains, or any other features of the digital assets. MetaPath is not responsible for casualties due to late reports by developers or representatives (or no report at all) of any issues with the blockchain supporting digital assets including forks, technical node issues, or any other issues having fund losses as a result.
Nothing in these terms shall exclude or limit the liability of either party for fraud, death, or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.
Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.
Assumption of Risk
You accept and acknowledge:
Volatility: The prices of digital assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the digital assets, which may also be subject to significant price volatility. It cannot be guaranteed that any purchasers of digital assets will not lose money.
Taxation: You are solely responsible for determining what, if any, taxes apply to your digital assets’ transactions. Neither MetaPath nor any other MetaPath Party is responsible for determining the taxes that apply to Digital Assets transactions.
Inherent risks while exchanging Digital Assets: There are risks associated with transacting with Blockchain-based assets such as Digital Assets, including but not limited to, the risk of hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that MetaPath will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Digital Assets, however, caused. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of Digital Assets.
Service Depending on Third-Party Service Providers: The Service relies on third-party platforms to perform certain transactions. Changes in the way these third-party service providers provide these services may materially affect the Service we provide.
No Warranty regarding the Digital Assets and MetaPath’s rights to restrict usage of a Digital Asset: There are risks, including but not limited to, the risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable. MetaPath reserves the right to hide collections, contracts, and assets affected by any of these issues or by other issues. Assets you purchase may become inaccessible on MetaPath. Under no circumstances shall the inability to view your assets on MetaPath serve as grounds for a claim against MetaPath.
Limitation of Liability:
To the fullest extent permitted by law, in no event will MetaPath be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from these terms, the service, products, or third-party sites and products, or for any damages related to loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable and even if MetaPath has been advised of the possibility of such damages. Access to, and use of, the services, products, or third-party sites and products are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data resulting therefrom.
Notwithstanding anything to the contrary contained herein, in no event shall the maximum aggregate liability of MetaPath arising out of or in any way related to these terms, the access to and use of the service, content, digital assets, or any products or services purchased on the service exceed the greater of (a) $100 or (b) the amount received by MetaPath from the sale of crypto assets that are the subject of the claim.
The foregoing limitations of liability shall not apply to the liability of MetaPath for death or personal injury caused by a member of MetaPath’s negligence; or for any injury caused by a member of MetaPath’s fraud or fraudulent misrepresentation.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
Modifications to the Service:
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Services (or any features or parts thereof) or suspend or discontinue transactions at any time and without liability therefore.
Dispute Resolution; Arbitration.
Governing Law and Venue
These Terms, your access to and use of the Service and Content shall be governed by and construed and enforced in accordance with the laws of Singapore (without regard to conflict of law, rules, or principles of Singapore, or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.
Termination
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
Severability
If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause or provision of these Terms.
Miscellaneous
These Terms constitute the entire agreement between you and MetaPath relating to your access to and use of our Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of MetaPath prior, concurrent or subsequent circumstance, and MetaPath’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
END OF AGREEMENT
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