Staking Terms & Conditions
LEGAL NOTICE
PLEASE READ THESE TERMS AND CONDITIONS OF USE (HEREINAFTER THE “TERMS AND CONDITIONS”) CAREFULLY.
BY DIRECTLY OR INDIRECTLY ACCESSING OR USING OUR WEBSITES, APIs OR OTHER PRODUCTS THAT HAVE LINKED TO THESE TERMS AND CONDITIONS, OR OTHERWISE USING THE SERVICES (DEFINED BELOW), YOU (“YOU”, OR THE “CLIENT”) HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING ALL TERMS AND CONDITIONS THAT MAY BE INCORPORATED BY REFERENCE TO THESE TERMS AND CONDITIONS. IN ADDITION, YOU REPRESENT AND WARRANT THAT (1) YOU HAVE READ, UNDERSTAND AND CONSENT TO BE BOUND BY OUR PRIVACY POLICY AND (2) YOU HAVE THE NECESSARY POWER(S), RIGHT(S), OR AUTHORITY TO ENTER INTO THIS AGREEMENT AND THAT “YOU” / “YOUR” REFERS TO YOURSELF AND ANY LEGAL/NATURAL ENTITY, REPRESENTATIVES, AUTHORIZED USERS OR SIMILAR AGENTS THAT YOU ARE ACTING ON BEHALF OF.
We may amend or modify these terms and conditions at any time and for any reason and without notice to you. The amended or modified terms and conditions are effective immediately upon us posting them or otherwise making them available on https://globalstake.io. Any continued use of our Services constitutes your acceptance of them as posted. If you do not agree with the Agreement as modified or amended, your sole and exclusive remedy is to cease your use of our Services, Websites, APIs or other products that have linked to these terms and conditions.
LEGAL NOTICE
Table of Contents
1. Definitions
The definitions for certain defined terms used in this Agreement are set out below. Other terms are defined elsewhere in this Agreement.
1.1 “Digital Assets” means any digital blockchain asset subject to the Services.
1.2 “Digital Wallet” means the wallet or similar device or software used to store Digital Assets.
1.3 “Net Reward” means the sum of the Rewards minus Slashing Penalties (if any).
1.4 “Rewards” means any rewards granted by the Supported Blockchains, including block rewards, endorser rewards, and transaction fees, in each case as actually granted by such Supported Blockchains and received by GlobalStake or you, as applicable, in connection with the performance of the Services.
1.5 “Slashing Penalties” means any slashing penalty assessed by a Supported Blockchain pursuant to the Supported Blockchain’s protocols.
1.6 “Supported Blockchain” means a Proof-of-Stake network or blockchain ledger on which GlobalStake operates a validator node.
2. Services
2.1 GlobalStake offers to various blockchains’ token-holders a non-custodial platform through GlobalStake’s proprietary computational systems that operates, hosts and monitors validators and associated software for various proof-of-stake protocols. The Services are offered strictly on a non-custodial basis. These terms and conditions between GlobalStake and the Client govern the execution and receipt of the Services provided by GlobalStake to the Client.
2.2 The Services. In addition, you authorize GlobalStake to exercise your voting rights associated with Digital Assets that you delegate to our validator addresses; provided, however, that (i) voting rights are only applicable for certain Supported Blockchains, and (ii) we may exercise voting rights solely at our own discretion, and we are under no obligation to exercise voting rights on your behalf. Notwithstanding the foregoing, you also retain a right to exercise such voting rights associated with any such Digital Assets and, subject to the protocols of the applicable Supported Blockchain, may exercise those rights before we do or may change any vote that we cast after we have done so.
2.3 Consolidation. GlobalStake may perform the Services in any commercially reasonable manner, including, when applicable, by consolidating the token rights delegated by you to GlobalStake under these Terms and Conditions with other validation rights and voting rights delegated to or otherwise exercised by GlobalStake, including as self-stake.
2.4 License to Access the Services. Subject to these terms and conditions, we hereby grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable right and license to access and use the Services for purposes of delegating supported Digital Assets to our validator addresses for staking on a Supported Blockchain.
2.5 Blockchain Events. You acknowledge and agree that the Supported Blockchains are independently and separately operated and controlled by third parties. As such, at any time and for any reason, such Supported Blockchains may modify their protocols, bond or unbond your Digital Assets, fork, or implement any other action or change that may impact your Net Rewards, Digital Assets, the Services or your access and use to each of the foregoing (together, a “Blockchain Event”).
2.6 Changes to the Services. We reserve the right to modify, alter or otherwise change the Services from time to time by adding, deleting, or otherwise modifying features or functionality to improve your experience, comply with applicable regulations or laws or for any other reason or purpose. We further reserve the right to (i) discontinue any feature of the Services or any portion thereof at any time, including, without limitation, discontinue to support any Digital Asset, or Supported Blockchain, or (ii) remove any content from the Services at any time, in each case for any reason in our sole discretion and without notice to you. You specifically acknowledge and agree that we are not (a) responsible for such modifications, changes, content removals, or (b) liable for any loss of value of your Digital Assets or loss of Net Rewards that may result directly or indirectly from any such changes or any Blockchain Event.
3. Rewards; Fees
3.1 Rewards. Your use of the Services may result in a Net Reward that is issued by the applicable Supported Blockchain and transferred to the Digital Wallet address where your Digital Assets originated or is otherwise used by you in connection with the Services. You acknowledge that (i) such Net Rewards may be issued in the same denomination as the Digital Assets, (ii) any estimates or projections of Rewards or Net Rewards, as applicable, are not a guarantee, (iii) we will never ask for and you should never provide to us the private key for your Digital Wallet, (iv) we are not responsible for the loss of your private key or your inability to access (a) your Digital Wallet, or (b) any resulting Net Rewards that may be stored therein, (v) GlobalStake will not continue to stake or re-stake any Net Rewards received by you hereunder, and (vi) you assume responsibility for ensuring we have the correct and valid address of your Digital Wallet(s). You specifically acknowledge and understand that your Net Rewards may be subject to a bonding period by a Supported Blockchain that may render your Net Rewards or Digital Assets unavailable or subject to other restrictions imposed and controlled by such Supported Blockchain (together, the “Bonding Period”).
3.2 Fees. In consideration for granting you a limited license to access and use our Services, you hereby authorize us to charge a service fee, which is transferred to us directly by the applicable Supported Blockchain. These service fees are publicly available on the relevant block explorer for each Supported Blockchain and are subject to change at any time for any reason.
3.3 No Custody; Rewards Not Guaranteed. You acknowledge and agree that GlobalStake: (i) will not accept or take custody over any Rewards for or on behalf of you, (ii) has no responsibility or control over whether the Supported Blockchain distributes any Rewards to you, and (iii) that GlobalStake’s sole obligation under this Agreement is to perform the Services and its other duties hereunder, upon the terms and conditions set forth in this Agreement.
4. Termination
4.1 Termination. We may terminate or suspend your right to use or otherwise access the Services with or without notice to you. In the event of your breach of these Terms and Conditions, such termination or suspension shall be a non-exclusive remedy for your breach and we reserve the right to pursue any and all additional remedies that may be available to us. We may also terminate or suspend the Services in whole or in part for whatever reason and at any time. Notwithstanding the foregoing, you acknowledge and agree that termination of these Terms and Conditions may be subject to other terms and conditions maintained and enforced by Supported Blockchains or other third parties.
4.2 Effects of Termination. In the event of any termination or suspension pursuant to Section 4.1 or otherwise, the Services will immediately cease. Termination or suspension of the Services may require us to complete certain delegated tasks that comprise part of the Services, including, but not limited to unbonding of Digital Assets. The performance of such tasks shall be at our discretion and you disclaim any responsibility or obligation that we may have to perform such tasks.
4.3 Survival. The following Sections shall survive termination of these Terms and Conditions: Section 3.2 (Fees), Section 4.2 (Effects of Termination), Section 5 (Intellectual property), Section 7 (Disclaimer), Section 8 (Limitation of Liability), Section 9 (Indemnification) and Section 10 (Taxes).
5. Intellectual property
5.1 Ownership. As between you and us, we own all rights, title, and interest in and to the Services and website and any modifications, improvements, adaptations, enhancements, derivates thereto and any intellectual property rights related thereto, including, but not limited to, patent rights, trademark rights, copyrights, and trade secret rights and any other intellectual property or industrial rights recognized anywhere in the world.
5.2 No Other Right. Except for the limited license granted to you in Section 2.2, we do not grant or convey to you by implication, waiver, estoppel or otherwise any license to, any right, title, or interest in and to our intellectual property rights in or to the Services and website or any other APIs, products, software or technology shared or made available by us under or in connection with these Terms and Conditions.
5.3 No Reverse Engineering; Restrictions. You shall not directly or indirectly (i) copy modify, reproduce, reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code or any other proprietary information or materials related to the Services or the website, (ii) use the Services or website to build a competitive product, software or other technology that could be used to offer similar services as to those offered hereunder, (iii) interfere with the Services or website, their security, network and the operability of any of the foregoing, or (iv) introduce, post, or upload, (a) bugs, time bombs, time locks, traps, trojan horses, or (b) any other harmful code or software that can corrupt or damage data, storage media, programs, equipment, or any hardware used in connection with the Services or website.
6. YOUR REPRESENTATIONS AND WARRANTIES; ACKNOWLEDGMENT OF RISKS
6.1 Your Representations and Warranties. You represent, warrant and covenant that: (i) the organization or entity you may be acting on behalf of is duly organized, validly existing, and in good standing under its jurisdiction of organization and has the right to enter into these Terms and Conditions, (ii) you have all requisite power and authority to, and no other proceedings on its part are necessary to, execute and deliver these Terms and Conditions, (iii) your performance of your duties and obligations under these Terms and Conditions and in connection with your use of the Services and Website shall comply with all applicable laws, rules, and regulations; (iv) you and the organization or entity you may be acting on behalf of are not located in a prohibited jurisdiction; (v) you have the full legal authority and right (a) to be bound to these Terms and Conditions, and (b) to bind the organization or entity you may be acting on behalf of to these Terms and Conditions; (vi) you have the right, title, and interest in and to the Digital Assets; (vii) you have all the rights and requisite authority to submit or otherwise provide your Digital Assets, data or any other materials you provide under and in connection with these Terms and Conditions; (viii) any assets, including Digital Assets subject to the Services is not encumbered or restricted in any manner that would prohibit compliance with these Terms and Conditions; (ix) you have the right to access and use the Digital Wallet(s) used in connection with the Services; (x) you understand that the continued ability to provide the Services is dependent on many elements and you understand the risk involved with use of the Services, Website and Supported Blockchains; (xi) you and the organization or entity you may be acting on behalf of are in compliance with all applicable laws and regulations; (xii) you and the organization or entity you may be acting on behalf of are not listed by the U.S. Government, any other government or legal authority as a prohibited or restricted party; (xiii) you and the organization or entity you may be acting on behalf of have not been convicted of, or agreed to enter into a pretrial diversion or similar program in connection with the prosecution of, a criminal offense involving theft, dishonesty, breach of trust, money laundering, the illegal manufacture, sale, distribution of or trafficking in controlled substances, or substantially equivalent activity in a domestic, military, or foreign court; (xiv) you are solely responsible for the security, custody and control of any Digital Wallets, including, any Digital Wallet designated by you for the receipt of Net Rewards; (xv) you will not use the Services or Website in a manner that infringes, misappropriates or otherwise violates the intellectual property rights and privacy rights of any third party; (xvi) you are not subject to any restriction or prohibition that would limit or prohibit your use of the Service or Website in accordance with these Terms and Conditions; (xvii) the Digital Assets are not derived from, and do not otherwise represent the proceeds of, any activities done in violation or contravention of applicable law or regulations; and (xviii) you will not use the Services or Website in any manner that violates applicable law or regulations.
6.2 Additional Representations by You. Without limiting the generality of any of the representations in Section 6.1, you represent, warrant and covenant that
- You acknowledge and agree that the performance of the Services and these Terms and Conditions does not (a) represent or constitute a loan or a contribution of capital to, or other investment in, GlobalStake or (b) provide you with any ownership interest, equity, security, or right to or interest in the assets, rights, properties, revenues or profits of, or voting rights whatsoever in, GlobalStake; or (c) create or imply any fiduciary or other agency relationship between GlobalStake (or any of its directors, managers, officers, employees, agents, or Affiliates) and you or entitle you to any fiduciary duty or similar duty on the part any of the foregoing persons.
- You, your agents (and, if you are a business entity, your officers, directors, managers and employees (collectively, the “Representatives”)) are in compliance with the Foreign Corrupt Practices Act of 1977 (United States), and any rules and regulations thereunder respectively, similar Laws of other jurisdictions, anti-money laundering obligations, and anti-terrorist financing obligations under the Law of United States, or your jurisdiction, and as otherwise applicable to you, your Representatives, or GlobalStake;
- You have not (and, if you are a business entity, your Representatives have not) been convicted of, or have agreed to enter into a pretrial diversion or similar program in connection with the prosecution of, a criminal offense involving theft, dishonesty, breach of trust, money laundering, the illegal manufacture, sale, distribution of or trafficking in controlled substances, or substantially equivalent activity in a domestic, military, or foreign court;
- You are not (and, if you are a business entity, your Representatives are not) (i) a person described or designated in the Specifically Designated Nationals and Blocked Persons List of the U.S. Department of Treasury Office of Foreign Assets Control, Section I of the U.S. Anti-Terrorism Order, the Regulations Establishing a List of Entities under s.83.05(1) of the Criminal Code of Canada, any regulations promulgated under Canada’s Special Economic Measures Act, United Nations Act, Justice for Victims of Corrupt Foreign Officials Act, Freezing of Assets of Corrupt Foreign Officials Act, or the United Nations Security Council Consolidated Sanctions List or (ii) engaged in any dealings or transactions with any such person;
- Without limiting the generality of the foregoing, you are not and are not owned or controlled by, or acting on behalf of, any person who is, identified on any list of prohibited parties under any applicable law or by any governmental authorities, such as any lists maintained by the United Nations Security Council, the U.S. government (including the U.S. Treasury Department’s Specially Designated Nationals list and Foreign Sanctions Evaders list), the Canadian government, the European Union (EU) or its member states, and the government of your home country. You are not, and are not owned or controlled by, or acting on behalf of, any person who is, located, ordinarily resident, organized, established, or domiciled in Cuba, Iran, North Korea, Sudan, Syria, the Crimea region of Ukraine (including Sevastopol) or any other country or jurisdiction against which the U.S. or Canada maintains comprehensive economic sanctions or an arms embargo.;
- You are sophisticated and experienced in using and evaluating the Supported Blockchain and applicable protocols and related technologies. You have conducted your own due diligence and analysis of the Supported Blockchains and the matters provided under this Agreement to determine whether you wish to enter into this agreement and delegate token rights to GlobalStake in order that GlobalStake may perform the Services. You have not relied upon any information, statement, omission, representation or warranty, express or implied, written or oral, made by or on behalf of GlobalStake in connection with the entering into and performance of this agreement by you and GlobalStake.
- You acknowledge that certain blockchain protocols impose bonding, unbonding, warm-up, lockup or any other restrictions on the applicable blockchain network (collectively, “Network Restrictions”) on staking or delegating digital assets, and that all Services and Rewards provided hereunder are subject to such restrictions. YOU ACKNOWLEDGE AND AGREE (THAT YOU HAVE MADE YOUR OWN INDEPENDENT INVESTIGATION, REVIEW AND ANALYSIS OF THE APPLICABLE NETWORK RESTRICTIONS OF EACH SUPPORTED BLOCKCHAIN.
6.3 Acknowledgment of Risk. You understand and agree that (i) use of the Services exposes you to considerable risk of loss; (ii) you may not earn any Net Rewards; (iii) the operation of the Services and any resulting Net Rewards, if any, may depend on services provided by third parties whom we do not control; (iv) Digital Assets and Supported Blockchains are new technologies that currently face uncertain and evolving regulatory requirements in many jurisdictions; and (v) one or more such jurisdictions may, in the future, adopt laws, regulations or directives that affect Digital Assets or Supported Blockchains and that may result in sudden changes (a) to the Services or (b) in connection with your Rewards or Digital Assets. For the avoidance of doubt, we specifically disclaim any liability for any losses or damages you experience in connection with any of the foregoing.
7. DISCLAIMER
THE SERVICES, WEBSITE, AND ANY OTHER PRODUCTS, SOFTWARE OR TECHNOLOGY PROVIDED BY US HEREUNDER IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THESE TERMS AND CONDITIONS (EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT), AND HEREBY DISCLAIM ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WE FURTHER DISCLAIM ANY LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSSES RESULTING FROM OR IN CONNECTION WITH SLASHING PENALTIES RESULTING FROM EVENTS OUTSIDE OF GLOBALSTAKE’S REASONABLE CONTROL. TO THE EXTENT THAT GLOBALSTAKE MAY NOT AS A MATTER OF LAW DISCLAIM ANY WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE REDUCED TO THE MINIMUM PERMITTED UNDER SUCH LAW. WITHOUT LIMITING THE FOREGOING, GLOBALSTAKE MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE AMOUNT OF NET REWARDS THAT MAY BE GENERATED UNDER THIS AGREEMENT.
8. LIMITATION OF LIABILITY
8.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCE AND REGARDLESS OF THE NATURE OF ANY CLAIM SHALL GLOBALSTAKE BE LIABLE UNDER THESE TERMS AND CONDITIONS TO YOU OR ANY OTHER PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES OR LOST PROFITS, INTEREST, ATTORNEYS’ FEES, COMPUTER FAILURE OR MALFUNCTION, DATA LOSS, LOSS OF GOODWILL, OR REVENUE ARISING OUT OF RELATING TO, OR IN CONNECTION WITH THESE TERMS AND CONDITIONS. TO THE EXTENT OUR LIABILITY IS NOT ALREADY EXCLUDED BY THE FOREGOING SENTENCE, OUR AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS SHALL OTHERWISE BE LIMITED TO AN AMOUNT EQUAL TO ONE HUNDRED U.S. DOLLARS ($100). THE SOLE LIABILITY FOR SLASHING PENALTIES WITHIN THE REASONABLE CONTROL OF GLOBALSTAKE SHALL BE REPLACEMENT OF YOUR SLASHED TOKENS WITH AN EQUIVALENT NUMBER OF SUCH SLASHED TOKENS.
8.2 Except to the extent caused by GlobalStake’s gross negligence, willful misconduct or fraud, GlobalStake shall not be responsible nor liable for any failure in the Services, missed Rewards, Slashing Penalties or any other damages or losses resulting from, caused by or attributable to (i) protocol-wide malfunction of a supported Blockchain, (ii) bug in validator software, or malfunction by other validators than those operated by GlobalStake, (iii) in connection with protocol changes, airdrops or forks (iv) your delay in or failure to take any actions upon which GlobalStake’s performance is dependent; (v) your failure to use the Services following GlobalStake’s requirements; (vi) your failure to act in accordance with the network protocol; (vii) your products or services, or your (or your or Representative’s) gross negligence, willful misconduct, or (viii) unauthorized access, breach of firewalls or other hacking by third parties. For the avoidance of doubt, GlobalStake will not be liable for correlated Slashing Penalties caused by non- GlobalStake validators slashing on the Ethereum Blockchain.
9. INDEMNIFICATION
9.1 You shall indemnify, defend and hold us and our representatives, officers, managers, directors, employees, successors and assignees harmless from and against any liabilities, damages, or losses suffered by us and all costs and expenses (including reasonable attorney’s fees) arising from or in connection with (i) your breach of these Terms and Conditions, (ii) a breach of your representations and warranties or covenants made hereunder, (iii) your use of the Services or website in violation of these Terms and Conditions, (iv) your infringement, misappropriation, or violation of the rights of any other person or entity, (v) any content, materials, or information (in any form or medium) that you submit, post, upload, provide, contribute, or make available (or authorize or instruct us to do so) through the Services or website, and (vi) violation of any law or applicable regulation. If you are obligated to indemnify us, we have the right to control any action if we want and you cannot settle any action without our consent, unless the settlement is only for money damages which you entirely pay.
10. TAXES
10.1 You shall be solely responsible for the payment to applicable governmental authorities of any and all taxes, penalties, duties, levies, and interest (together, “Taxes”) (i) applicable to your respective Rewards and other amounts receivable or received by you in connection with or resulting from this Agreement, and (ii) all your other Taxes or which may apply to you resulting from or related to the transactions contemplated under this agreement. You shall indemnify and hold harmless GlobalStake and its indemnified parties as described herein in respect of all Taxes levied, applied or assessed by any governmental authority on any Rewards and other amounts receivable or received by you in connection with this Agreement.
10.2 Neither GlobalStake nor any of its agents has provided or will provide advice or guidance with respect to any law, applicable Tax or other obligations. You are strongly encouraged to seek advice from your legal and tax advisors with respect to any law, applicable Tax and other obligations related to the entering into and performance of this agreement.
11. Confidentiality and Use of Data
11.1 Confidentiality
All information provided under these Terms and Conditions by a party (the “Disclosing Party”) to the other party (the “Receiving Party”) regarding the Disclosing Party’s business, products, codes, operations, including without limitation the terms of this T&Cs, shall be treated as confidential (“Confidential Information”). All confidential information provided under this agreement by Disclosing Party shall be used, including disclosure to third parties, by the Receiving Party or its agents or service providers, solely for the purpose of performing or receiving the Services and discharging the Receiving Party’s other obligations under this agreement or managing the business of the Receiving Party and its affiliates, including financial and operational management and reporting, risk management, legal and regulatory compliance and client service management. However, information is not confidential to the extent (i) it is or becomes publicly available other than through a breach of this agreement, (ii) it is independently derived by the Receiving Party without the use of any information provided by the Disclosing Party in connection with these Terms and Conditions, (iii) it is disclosed to comply with any legal or regulatory proceeding, investigation, audit, examination, subpoena, civil investigative demand or other similar process, (iv) it is disclosed as required by operation of law or regulation, or (v) where the party seeking to disclose has received the prior written consent of the party providing the information, which consent shall not be unreasonably withheld.
11.2 Personal data:
By accepting these Terms and Conditions, you consent to the collection, processing, storing of data by GlobalStake or its affiliates for developing new services, conducting analytics and reselling aggregate information for business dealings.
Data collected are cryptocurrency wallet public address, IP address, user name, email address.
GlobalStake may collect, process, and store data regarding you and share it with its affiliates, agents and third parties to: (i) create its account, (ii) provide the Service; and (iii) manage the services including, but not limited to, on-boarding you, financial and operational management and reporting, risk management, legal and regulatory compliance and service management.
Personal data which might be collected and processed are kept for the duration necessary for the contractual relationship, unless a longer duration is imposed by any applicable law or regulation.
12. MISCELLANEOUS
12.1 Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York applicable therein, without regard for choice of law provisions thereof.
12.2 Severability. If any provision of these Terms and Conditions or the application thereof to any person or circumstance is held invalid or unenforceable to any extent, the remainder of these Terms and Conditions and the application of that provision to other persons or circumstances is not affected thereby, and that provision will be enforced to the greatest extent permitted by applicable laws.
12.3 Waiver. No waiver of any right under these Terms and Conditions will be of any effect or binding upon anyone unless such waiver is in writing and is signed by an authorized representative of the party so waiving such right. No delay or failure of any party in exercising any right hereunder and no partial or single exercise of any such right will be deemed of itself to constitute a waiver of such right or other rights hereunder.
12.4 No Third-Party Beneficiaries. The provisions hereof are solely for the benefit of the parties and are not intended to, and will not be construed to, confer a right or benefit on any other person.
12.5 Assignment. You shall not assign or transfer (whether by operation of law or otherwise) these Terms and Conditions (or any rights or obligations hereunder) to a third party.
12.6 Force Majeure. Neither Party shall be liable to the other Party for any failure or delay caused by a Force Majeure Event (defined below), provided that such Party uses commercially reasonable efforts to resume performance as soon as reasonably practicable. The non-performing Party shall notify the other Party of the Force Majeure Event (defined below) as soon as reasonably possible after the non-performing Party becomes aware of the Force Majeure Event (defined below), to the extent feasible. “Force Majeure Event” means any of the following and the effects thereof, if and only to the extent that such event is not caused by, and the effects are beyond the reasonable control of the affected Party and that could not have been prevented or avoided by the exercise of due diligence, including, but not limited to: acts of God, war or civil war (whether declared or undeclared) or armed conflict, invasion and acts of foreign enemies, blockades and embargoes; pandemics; civil unrest, commotion or rebellion; any act, or credible threat, of terrorism or espionage; lightning, earthquake or extraordinary storm or weather conditions; public power outages; labor strikes; nuclear, chemical or biological contamination; explosion, fire and flooding; technological attacks (e.g. DoS, DDoS, MitM), cyberattack or malfunction on a blockchain network or protocol, or governmental action rendering performance illegal or impossible, or shortages and unavailability of materials or resources, and operations and actions of and changes to Blockchain Protocols.
12.7 External Sites and Third-Party Content. The website may contain links to third-party websites or content (“External Sites”). Such External Sites are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when (i) interacting with such External Sites, or (ii) downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
12.8 Exclusive Forum. Any claim, dispute, or controversy arising out of or relating to the Services or these Terms and Conditions (including the arbitrability of any claim, dispute or controversy), or the breach, termination, enforcement, interpretation, validity, or scope hereof shall be resolved by private, confidential and binding arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by written agreement of the parties or, in the absence of an agreement, such arbitrator shall be appointed by a judge upon the application of either party. Arbitration shall be held in the County of New York, State of New York unless otherwise agreed by the parties in writing. The arbitration procedure to be followed shall be agreed in writing by the parties or, in absence of an agreement, determined by the arbitrator. The arbitration shall proceed in accordance with the provisions of the American Arbitration Association. Subject to any right of appeal, the decision arrived at by the arbitrator shall be final and binding. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
12.9 Class Action Waiver. Notwithstanding anything to the contrary contained herein, any arbitration pursuant to these Terms and Conditions must be on an individual basis. As a result, you may not join or consolidate claims in an arbitration by or against any other person, or litigate in court or arbitrate any claims as a representative or member of a class or private attorney general action.
12.10 Notices. All notices required under this Agreement must be delivered by email to the personnel designated below. Such notices shall be effective upon actual receipt by the other Party.
To GlobalStake: [email protected]
To Client: at the address identified in any notice delivered by Client to GlobalStake.