Legal disclaimers
Privacy policy
This is the privacy policy (“Privacy Policy”) that governs how we, StarkWare Ltd. (“StarkWare”, “we”, “our” or“us”), use Personal Information (defined below) that we collect, receive and store about individuals in connection withthe use of the website https://starknet.io and any other website that we operate (each, together with its sub-domains, content and services, a “Site”).
- Introduction. We have implemented this Privacy Policy because your privacy, and the privacy of other users, isimportant to us. This Privacy Policy explains our online information practices and the choices you can makeabout the way your Personal Information is collected and used in connection with the Site. “PersonalInformation” means any information that may be used, either alone or in combination with other information, to personally identify an individual, including, but not limited to, a first and last name, an email address, physicaladdress, or other contact information.
- Terms of Use. This Privacy Policy forms part of our Terms of Use which is available at https://starknet.io/terms/(“Terms”). Any capitalized but undefined term in this Privacy Policy shall have the meaning given to it in theTerms.
- Consent and Modification. You are not legally obligated to provide us Personal Information, and you hereby confirm that providing us Personal Information is at your own free will. By using the Site, you consent to the terms of this Privacy Policy and to our collection, processing and sharing of Personal Information for the purposes set forth herein. If you do not agree to this Privacy Policy, please do not access or otherwise use theSite. We reserve the right, at our discretion, to change this Privacy Policy at any time. Such change will be effective ten (10) days following posting of the revised Privacy Policy on the Site, and your continued use of theSite thereafter means that you accept those changes.
- What Personal Information We Collect and How We Collect It. We do not currently require you to providePersonal Information in order to have access to general information available on the Site. But, we do receive and/or collect Personal Information from you in the following ways:
4.1. ‘Contact Us’ Information. If you send us a “Contact Us” request, whether by submitting an online form that we make available or by sending an email to an email address that we display, you may be required to provide us with certain information such as your name, business email address, company, job title and phone number.
4.2. Create Account. If you create an account in order to use certain services provided in the Site, you will be required to provide us your email address, name and user name.
4.3. Third Party Accounts: You may choose to create an Account by clicking on a ‘connect’ or ‘sign-in’ button that we may display on the Site for a designated third party website or service (each a “Third Party Account”), such as GitHub, Discord and Twitter. Doing so will enable you to link your Service Account and your Third PartyAccount. If you choose this option, then you will be required to approve the connection as well as the types of information (which may include Personal Information) that we will obtain from your Third Party Account and the types of activities that we may perform in connection with your Third Party Account. Please note that in order to use this option, you will need to have, and may need to be signed-in to, an existing Third Party Account.
4.4. Log Files. We may make use of log files. The information inside the log files includes internet protocol (IP)addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us. We may use such information to analyze trends, administer the Site, track users’ movement around the Site, and gather demographic information.
4.5. Cookies and Other Tracking Technologies. Our Site may utilize “cookies”, anonymous identifiers and other tracking technologies in order for us to provide our Site and present you with information that is customized for you and in order to track users. A “cookie” is a small text file that may be used, for example, to collect information about activity on the Site. Certain cookies and other technologies may serve to recall PersonalInformation, such as an IP address, previously indicated by a user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser.
4.6. The Site may use a tool called “Google Analytics” to collect information about use of the Site. Google Analyticscollects information such as how often users visit this site, what pages they visit when they do so, and what othersites they used prior to coming to this Site. We use the information we get from Google Analytics to maintain
and improve the Site and our products. We do not combine the information collected through the use of GoogleAnalytics with personally identifiable information. Google’s ability to use and share information collected byGoogle Analytics about your visits to this Site is restricted by the Google Analytics Terms of Service, available at http://www.google.com/analytics/terms/us.html, and the Google Privacy Policy, available at http://www.google.com/policies/privacy/. You may learn more about how Google collects and processes data specifically in connection with Google Analytics at http://www.google.com/policies/privacy/partners/. You may prevent your data from being used by Google Analytics by downloading and installing the Google AnalyticsOpt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/. - The Way We Use Personal Information. If you submit or we collect Personal Information through the Site, then we may use such Personal Information in the following ways:
5.1. We may use your Personal Information to provide and improve our Site and services.
5.2. We may use your Personal Information to contact you and to provide you certain offerings and/or programs that you have registered to or that we think may interest you.
5.3. We may use your designated email address to: (i) send you updates or newsletters regarding the Site and our products; and/or (ii) to contact you and/or respond to a “Contact Us”. - How We May Share Your Personal Information.
6.1. We may transfer your Personal Information to our local or foreign subsidiaries or affiliated companies and/or to our third party service providers and partners for the purpose of storing or processing such information on ourbehalf, for our business purposes and to provide our Site to you and other users. Such information may be transferred to other countries. We require that these parties agree to process such information in compliance with our Privacy Policy.
6.2. We may disclose your Personal Information or any information you submitted via the Site if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our Terms, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues;or (iv) protect against harm to the rights, property or safety of StarkWare, our users, yourself or the public. - Use of Anonymous Information. We may use Anonymous Information (as defined below) or disclose it to third party service providers in order to improve our Site and enhance your experience with the Site. We may also disclose Anonymous Information (with or without compensation) to third parties. “Anonymous Information”means information which does not enable identification of an individual user, such as aggregated information about the use of our Site.
- Opting Out. You may choose not to receive future promotional, advertising, or other Site-related emails from us by selecting an unsubscribe link at the bottom of each email that we send. Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any “Contact Us” request and a request to receive demo of our products, that are necessary to facilitate your use of the Site.
- Choice. At all times, you may choose whether or not to provide or disclose Personal Information. If you choose not to provide mandatory Personal Information, you may still visit parts of the Site, but you may be unable to access certain options, programs, offers, and services that involve our interaction with you.
- Access/Accuracy. To the extent that you do provide us with Personal Information, we wish to maintain accuratePersonal Information. If you would like to delete or correct any of your other Personal Information that we maybe storing, you may submit an access request by sending an email to info@starnet.io. Your email should include adequate details of your request.
- Links to and Interaction with Third Party Products. The Site may enable you to interact with or contain links to your Third Party Account and other third party websites, mobile software applications and services that are not owned or controlled by us (each a “Third Party Service”). We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that Third Party Services may collect PersonalInformation from you. Accordingly, we encourage you to read the terms and conditions and privacy policy of each Third Party Service that you choose to use or interact with.
- Children’s Privacy. The Site is not structured to attract children under the age of 13 years. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 13 years. If we learn that we have collected Personal Information from a child under 13 years, we will delete that information as quickly as possible. If you believe that we might have any such information, please contact us at info@starnet.io.
- Security. The security of Personal Information is important to us. We follow generally accepted industry standards, including the use of appropriate administrative, physical and technical safeguards, to protect thePersonal Information submitted to us. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use reasonable acceptable means to protect yourPersonal Information, we cannot guarantee its absolute security or confidentiality. If you have any questions about security on the Service, you can contact us at info@starknet.io.
- Merger, Sale or Bankruptcy. In the event that we are acquired by or merged with a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer or assign Personal Information in connection with the foregoing events.
- Our California Do Not Track Notice. We may collect personally identifiable information about an individual consumer’s online activities over time and across different web sites when a consumer uses the Site.We do not allow third parties to collect personally identifiable information about an individual consumer’s online activities over time and across different web sites when a consumer uses the Site. [Please confirm that it’s correct]
- Commitment. We are committed to protecting your privacy. Protecting your privacy online is an evolving area, and we are constantly evolving our Service to meet these demands. If you have any comments or questions regarding our Privacy Policy, or your Personal Information that we may be storing and using, please contact us at info@starknet.io.
Terms & conditions
Welcome to https://starknet.io. (together with its subdomains, Content, Marks and services, the “Site”). Please read the following Terms of Use carefully before using this Site so that you are aware of your legal rights and obligations with respect to StarkWare Ltd. (“StarkWare“, “we“, “our” or “us“). By accessing or using the Site, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy (the “Terms“). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms please do not access or use the Site.
Background. The Site is intended to provide general information regarding StarkWare and its products and services.
Modification. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.
Ability to Accept Terms. The Site is only intended for individuals aged thirteen (13) years or older. If you are under 13 years please do not visit or use the Site. If you are between 13 and 18 years of age, then you must review these Terms with you parent or guardian before visiting or using the Site to make sure that you and your parent or guardian understand these Terms and agree to them.
Site Access. For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site provided that you comply with these Terms and applicable law.
Restrictions. You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.
Account. In order to use some of the services of the Site, you may have to create an account (“Account“). You agree not to create an Account for anyone else or use the account of another without their permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify StarkWare immediately of any breach of security or unauthorized use of your Account. As between you and StarkWare, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send an email request to StarkWare at info@starknet.io.
DISCLAIMER OF LIABILITY FOR THIRD PARTY PRODUCTS. The Site may include links to third party services or applications, including those that are built on, or are compatible with, StarkNet (“Third Party Services”). The links are provided a service to the user, and in no way constitute an endorsement by StarkWare of the Third Party Services. You alone are responsible for verifying the fitness, quality, security, stability and terms of such Third Party Services before using them. Use of any Third Party Services is at your own risk. STARKWARE DISCLAIMS ANY AND ALL LIABILITY, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES, WHETHER ORAL OR WRITTEN, FOR SUCH THIRD PARTY SERVICES. YOU ACKNOWLEDGE THAT NO REPRESENTATION HAS BEEN MADE BY STARKWARE WITH RESPECT TO THE THIRD PARTY SERVICES, INCLUDING AS TO THE FITNESS OF THE THIRD PARTY SERVICES FOR YOUR INTENDED PURPOSE.
Intellectual Property Rights.
Content and Marks. The (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Materials“), (ii) and User Submissions, as defined below (together with the Materials, the “Content“), and (iii) the trademarks, service marks and logos contained therein (“Marks“), are the property of StarkWare and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “StarkWare”, the StarkWare logo, and other marks are Marks of StarkWare or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content.
Use of Content. Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
User Submissions.
Responsibility. The Site permit the submission, hosting, sharing and publishing of Content by you and other users via the Site blog (“User Submissions“). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Site (including User Submissions) at any time and for any reason.
Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize StarkWare to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Submissions. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.
License to User Submissions. By submitting the User Submissions to StarkWare, you hereby grant StarkWare a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the User Submissions in connection with the Site and StarkWare’s business, including without limitation for redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Site or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.
Prohibited Content. You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.
Spam. You agree not to, and will not, use the communications systems provided by the Site to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.
Copyright Infringment. It is our policy to respect the legitimate rights of copyright and other intellectual property owners, and we will use commercially reasonable efforts to respond to clear notices of alleged copyright infringement. Any complains in this respect should be submitted to info@starknet.io.
Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
Links.
The Site may contain links, and may enable you to post content, to third party websites that are not owned or controlled by StarkWare. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and (ii) expressly release StarkWare from any and all liability arising from your use of any third party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit.
StarkWare permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with StarkWare or present any false information about StarkWare and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website (“Third Party Website”) which prohibited linkinkg to third parties; (v) such Third party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.
Privacy. We will use any personal information that we may collect or obtain in connection with the Site in accordance with our privacy policy which is available at https://starknet.io/privacy-policy/. You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.
Warranty Disclaimers.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. STARKWARE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. STARKWARE DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT STARKWARE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.
STARKWARE DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.
YOU SPECIFICALLY ACKNOWLEDGE THAT STARKWARE SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SITE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY SITE USER OR OWNER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SITE USER OR OWNER IN CONNECTION WITH THE SITE OR ANY USER SUBMISSION, YOU AGREE THAT STARKWARE IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. STARKWARE RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, STARKWARE DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.
Limitation of Liability.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, STARKWARE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF STARKWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
Indemnity. You agree to defend, indemnify and hold harmless StarkWare and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Site; (ii) your User Submissions; (iii) your interaction with any Site user; or (iv) your violation of these Terms.
Term and Termination. These Terms are effective until terminated by StarkWare or you. StarkWare, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). StarkWare shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section 15 and Sections 7 (Intellectual Property Rights), 8.3 (License to User Submissions), 11 (Privacy), 12 (Warranty Disclaimers), 13 (Limitation of Liability), 14 (Indemnity), and 16 (Independent Contractors) to 18 (General) shall survive termination of these Terms.
Independent Contractors. You and StarkWare are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and StarkWare. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of StarkWare.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by StarkWare without restriction or notification to you.
General. StarkWare reserves the right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship between you and StarkWare shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel-aviv, Jaffa and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that StarkWare may seek injunctive relief in any court of competent jurisdiction These Terms shall constitute the entire agreement between you and StarkWare concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Terms of use
These “StarkNet Terms of Use” cover the access to and use of the StarkNet Networklaunched by “StarkWare Ltd”.The “StarkNet Network” is a Layer 2 platform on Ethereum, which enablesdecentralized applications to reduce the Ethereum gas consumption of their computation .These Terms apply to all participants in the Network, including: (i) developers (both individuals andentities) that will run applications over the Network (“Developers”); and (ii) the individuals andentities that are the end-users of such applications or that otherwise interact directly or indirectlywith the Network (“End-Users”) (collectively, the “Subject Persons”). All users of and participants inthe Network, including Developers and End-Users will collectively be referred to as “you” or “your.”Your use of and access to the Network and any services or applications available on the Network, andany information, text, photos, graphics, videos, idea, concept, discovery, invention, development,technology, algorithm, program, code, documentation or any other material or information availableon or through the Network is subject to these Terms.These Terms are a legal agreement, and they contain important information on your legal rights,remedies and obligations. You may use the Network only if you can form a binding contract.Please read and review these Terms carefully.If you are using the Network as a natural person, by using the Network (i) you agree that you haveread, understood and are bound by these Terms; (ii) you will comply with all applicable laws,regulations, rules and policies; and (iii) you represent that you are an adult and have the legalcapacity to enter a contract in the jurisdiction where you reside, and are of the minimum agerequired by the law of your jurisdiction to engage in activity of the type you will engage in on theNetwork, including entering into a binding agreement to abide by these Terms. You also agree thatyour access to and use of the Network is a valuable benefit that you receive by agreeing to andcomplying with these Terms. If you do not agree to these Terms, you may not access or use theNetwork.If you are using the Network as a natural person representing a legal entity, by using the Network, inaddition to the foregoing undertakings, you represent and warrant on behalf of such entity that: (i)you are authorized to act on the Network on behalf of such entity, including accepting these Terms;(ii) such entity is duly organized, validly existing and in good standing under the laws of thejurisdiction of its formation; (iii) such entity has all requisite power and authority to enter into theseTerms and to consummate the transactions contemplated hereby; (iv) such entity has duly andproperly taken all corporate acts and other proceedings required to be taken to authorize theexecution and performance of these Terms and to consummate the transactions contemplatedhereby; (v) such entity is in compliance with all applicable laws and will not use the Network for or inconnection with any unlawful act or purpose; and (vi) the use and operation of any content andmaterials that such entity may contribute to the Network does not and will not infringe,misappropriate or conflict with any Intellectual Property or other right of any third party. If you donot agree to these Terms and such entity is not able to make the foregoing representations andwarranties, you may not use or access the network.Minors Prohibited: The Network is not directed to individuals under the age of eighteen ((18) or theage of majority in your jurisdiction if the age of majority is greater). If you are under the age ofeighteen or the age of majority (if greater), you are not authorized to access or use the Network.
IMPORTANT NOTICE: DUE TO THE “ALPHA” STATE OF THE NETWORK, THE NETWORK MAY INCLUDESECURITY ISSUES, BUGS AND OTHER SOFTWARE ERRORS. SUCH ISSUES, BUGS AND ERRORS MAY
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RESULT IN INCORRECT OR UNINTENDED FUNCTIONING OF THE NETWORK, OR MAY BE EXPLOITEDBY MALICIOUS ACTORS, EACH OF WHICH MAY RESULT IN THE LOSS OR IRRETRIEVABLEMISPLACEMENT OF ALL OR A PORTION OF ANY OF YOUR FUNDS AND/OR DIGITAL ASSETS AND/ORPRIVATE KEYS THAT ARE STORED OR TRANSFERRED VIA THE NETWORK OR ANY APPLICATIONRUNNING ON THE NETWORK. BY ELECTING TO USE THE NETWORK OR AN APPLICATION RUNNINGON THE NETWORK, YOU DO SO AFTER ACKNOWLEDGING AND ACCEPTING SUCH RISKS.STARKWARE SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER, AND YOU HEREBY RELEASESTARKWARE FROM ANY AND ALL LIABILITY OR RESPONSIBILITY, FOR ANY LOSS OF FUNDS AND/ORDIGITAL ASSETS AND/OR PRIVATE KEYS DUE TO THE FOREGOING FACTORS.\
- Overview of the NetworkThe StarkNet Network is a Layer 2 platform on Ethereum, which enables decentralized applicationsto reduce the Ethereum gas consumption of their computation. StarkWare also developed a bridgeto coordinate movement of tokens between Ethereum and the Network, which is included in thedefinition of Network for purposes of these Terms. The participants in the Network are Developersand End-Users.You hereby expressly acknowledge and agree that the Network is an open platform and the SubjectPersons are each responsible for their use and activities performed through the Network as well asany Applications and End User Content (as defined below) uploaded by the Subject Persons throughthe Network. StarkWare shall not be responsible nor liable towards any Subject Persons or any otherperson or entity for any Applications or End User Content or for any activities performed through theNetwork.The Network may be updated or modified from time to time. Such modifications or updates may besignificant, including the adoption of new versions of the Network that differ substantially from thecurrent version and result in significant changes to the Network. Such changes may include updatesor the implementation of a more advanced version of the Network or other features of the Network.To the extent an End User wishes to upload to the Network certain End User Content or Applicationswhich shall include transaction data, such upload may be subject to certain usage limitations as maybe indicated by StarkWare from time to time, including transactions rate and total value locked.Please note that although the Network is currently not a decentralized network, in the future, weintend to change the Network to a partially decentralized network and ultimately to a fullydecentralized Network. In such case the actual existence and performance of the Network will bedependent on the collective actions of various participants in the Network. In addition, as adecentralized Network, the Network may not continue to exist and may not perform as expected ifsuch parties cease their activities on the Network. We cannot guarantee that such parties willcontinue to act or that the Network will continue to exist or perform at the expected level.StarkWare will not have any liability or responsibility with respect to any decentralized portion of theNetwork. In case a change of the Network to a decentralized network would occur, additionalchanges to these Terms may apply.The Network is currently provided free of charge. In the future, StarkWare intends to charge a fee foruse of the computing power of the Network, and you hereby agree and consent to any such futurefees. Once the Network is decentralized, the fees will be determined by the Network algorithms, orany other mechanism that will be determined by the participants in the Network.\
- Ownership
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As between you and StarkWare, StarkWare is the sole and exclusive owner of all intellectual propertyrights in and to the Network and the Network Content, and you do not acquire any ownershipinterest in the Network and/or any Network Content by accessing or using the Network or NetworkContent.“Network Content” includes, without limitation, the StarkWare Network software implementation,including any idea, concept, discovery, invention, development, technology, algorithm, program,code, documentation or any other material or information related thereto; the look and feel, design,layout, organization, presentation, user interface, navigation and stylistic conventions of theNetwork; trademarks, trade names, and all other intellectual property rights covering or embodiedby the Network Content, including, without limitation, all copyrights, moral rights, trademark rightsand patent rights. The Network Content does not include Applications or End User Content, asdescribed herein.\ - System RequirementsTo access the Network, you will need a compatible device, Internet access, and certain software thatmay require updates or upgrades. Your ability to use the Network may be affected by theperformance of hardware, software, and Internet access. You agree that such system requirements,which may change from time to time, are your responsibility. You are responsible for any costs youincur to access the Internet.\
- Your Use of the Network; End-User Content and ApplicationsYou may access, browse and use the Network and Network Content only in accordance with theseTerms. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish orotherwise use or exploit, through any means or media, any of the Network or Network Content,except as provided herein.Parts of the Network may allow End-Users (and possibly others) to post, upload, transmit or submitcontent and information to the Network, such as transaction information (collectively, “End-UserContent”), and parts of the Network will allow Developers to create, upload and launch decentralizedapplications over the Network (collectively, “Applications”).When you upload, post, publish or make available any End-User Content or Applications on theNetwork, you grant any other Network Participant as well as StarkWare a perpetual, non-exclusive,royalty-free, and worldwide license to publicly display, communicate, distribute, host, publish,reproduce, make modifications or derivative works, store and to use such End-User Content orApplications, in connection with the use and operation of the Network.Please do not post any confidential, secret or proprietary information or material on or through theNetwork. You are entirely responsible for End-User Content or the Applications that you choose tolaunch or transact on or using the Network, including maintaining the confidentiality of your End-User Content or Applications and any of your non-public information. It is your responsibility toobtain any and all consents required under any applicable laws, regarding the posting of any personalinformation of others which is part of the End-User Content or the Applications, and to adhere to anyapplicable laws regarding such information. By providing End-User Content and/or Applications, you:(i) represent and warrant that End-User Content and/or Developer Content is your original creation,that you own or otherwise control all of the rights in End-User Content and/or Applications, or thatyou have the rights necessary to grant the license to End-User Content and/or Applications grantedherein, and that End-User Content and/or Applications does not violate any rights, including rights ofprivacy, of any party and does not otherwise violate the law; (ii) you comply with all applicable laws,including but not limited to anti-money laundering or terror financing, anti-corruption or bribery laws
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as well as sanctions and export laws; and (iii) shall indemnify and hold harmless StarkWare and anyand all Subject Persons from and against any and all claims, actions and damages (including, withoutlimitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related toor result from the use of the Network, the Network Content, End-User Content and/or DeveloperContent, and/or your violation of these Terms or your representations and warranties hereunder.You will cooperate as fully as reasonably required in the defense of any such claim or action.Developers are responsible for adhering to applicable law regarding any End-User Content acquiredas a result of the activities of the application operated by such Developer.Without derogating from the above, it is hereby clarified that prior to the upload of an End UserContent and/or Applications to the Platform, Starkware may monitor the End User Content and theApplications and StarkWare may reject and/or refuse to upload such content per its sole discretion,including but not limited to cases in which, in StarkWare’s opinion, End User Content and theApplications may adversely affect StarkWare infrastructure and system. StarkWare does not check orverify any other aspects of the End User Content or the Applications. For removal of any doubt,StarkWare shall not be responsible for any End User Content and/or Applications that was approvedfor upload and you understand and agree that you are solely responsible for your End-User Contentand/or Applications, and the consequences of sending posting or publishing such End-User Contentand/or Applications, on the Network, in any way.NO PARTY OTHER THAN THE PARTY POSTING SUCH USER CONTENT TAKES ANY RESPONSIBILITY ORASSUMES ANY LIABILITY FOR ANY END-USER CONTENT OR DEVELOPER CONTENT UPLOADED,POSTED, PUBLISHED AND MADE AVAILABLE BY YOU OR ANY OTHER USER ON THE NETWORK, OR FORANY LOSS OR DAMAGE THERETO, NOR IS ANY OTHER PARTY LIABLE FOR ANY MISTAKES,DEFAMATION, LIBEL, FALSEHOODS, OBSCENITIES OR PORNOGRAPHY YOU OR ANY OTHER USERSMAY ENCOUNTER.5. Prohibited ConductYou warrant and agree that, while accessing or using the Network, you will not:
● access, use or attempt to access or use another user’s account, including any private key,public key or wallet address, that you are not authorized to access or use;
● interfere with or disrupt the operation of the Network or the servers or networks that hostthe Network, or disobey any laws, regulations, requirements, procedures, or policies of suchservers or networks;
● engage or attempt to engage in any attack or other malicious behavior or activity thatthreatens the integrity of the Network, including, without limitation, double-spend attacks,eclipse attacks, transaction malleability attacks, timejacking, routing attacks, Sybil attacks,denial of service attacks, or race condition attacks;
● create a false identity for the purpose of misleading others or otherwise impersonate anyperson or entity or misrepresent your affiliation with any other person or entity, whetheractual or fictitious, including anyone from the Network, the licensors of any content hostedon the Network or anyone otherwise affiliated with the Network;
● transmit or otherwise make available in connection with the Network any virus, worm,Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or programthat may or is intended to damage or hijack the operation of any hardware, software, ortelecommunications equipment, or any other actually or potentially harmful, disruptive, orinvasive code or component;
● obtain or attempt to gain unauthorized access to other computer systems, materials,information or any Network Content available on or through the Network through any
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means, including through means not intentionally made publicly available or providedthrough the Network;
● engage in any unauthorized means of accessing, logging-in or registering on the Network, orobtaining lists of users or other information from or through the Network, including, withoutlimitation, any information residing on any server or database connected to the Network;
● use the Network or Network Content in any manner that could interrupt, damage, disable,overburden or impair the Network, or interfere with any other party’s use of the Network,including, without limitation, sending mass unsolicited transactions or “flooding” servers;
● use the Network or Network Content in violation of proprietary or legal rights or rights of anyparty;
● use the Network or Network Content in violation of any applicable law;
● use the Network if you are a citizen, resident or otherwise located in a country or regionsubject to comprehensive sections, including, but not limited to, the Crimean region ofUkraine, Cuba, Iran, Lebanon, North Korea, Sudan and Syria;
● without derogating from the generality of any other provision of these Terms, use theNetwork for any type of activity associated with money laundering or terror financing, or toviolate any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended, the UKBribery Act (2010), Sections 290-297 of the Israeli Penal Law 1977 (Bribery Transactions), theIsraeli Prohibition on Money Laundering Law, 2000, or any other applicable anti-corruptionor anti bribery legislation;
● use the Network if you are subject to any investigation by, or has received a request forinformation from any governmental body relating to corruption or bribery under any statute;
● use the Network if you are a resident or citizen of any geographic area in whichgovernmental authorities have indicated that the purchase or sale of digital assets may beprohibited by applicable law, decree, regulation, treaty or administrative act;
● use the Network or Network Content to publish, post, send, upload, submit, display ordisseminate any information or material and/or otherwise make available or engage in anyconduct that is libelous, defamatory, abusive, threatening, harmful, offensive, obscene,tortious or otherwise objectionable; or
● attempt (or encourage or support anyone else’s attempt) to disable, bypass, modify, defeat,circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Network orthe Network Content, including without limitation any security, digital rights management ordata encryption components limiting access to Network Content;6. Objectionable ContentYou may find some Network Content, Applications and/or End-User Content offensive orobjectionable. You agree that your use of the Network, including access to such Network Content,Applications and/or End-User Content, is at your sole risk, and that the Subject Persons shall have noliability to you for content that may be found to be offensive or objectionable. Descriptions ofNetwork Content, Applications and End-User Content available on the Network are for yourconvenience.7. Links to Third-Party WebsitesThe Network may include links to websites or services of third parties. If you click on these links, youwill leave the Network. StarkWare is not responsible for the content or operation of such third partywebsites or services. You should exercise your own judgment in evaluating and using these websites
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and services. When you access third party websites or services, you become subject to theterms and conditions of use and privacy policies of such websites or services.8. Notifications concerning Blockchain TechnologyThe Network is based on blockchain technology. Furthermore, in the future the Network may requirethe use of a digital currency for certain aspects of its functionality.Accordingly, when using this Network, you should be aware of the following risks associated withblockchain-based software, including the Network, and digital currency:
● the Network is likely to experience scheduled and unscheduled downtime, interruptions,delays, hard forks, bugs, viruses, and cyberattacks;
● the Network may from time to time lack features or functionality and/or requiremaintenance, support or other adjustments;
● the Network rests or relies, in whole or in part, on open-source software, and there is a riskthat a person introduces weaknesses, bugs, viruses or other malicious code into the coreinfrastructural elements of the Network causing the system to lose or erase all or a portion ofany digital currency or other blockchain-based assets used in connection with the Network;
● it is possible that the Network will not be used by a large number of external businesses,individuals, and other organizations and that there will be limited public interest in thecreation and development of distributed applications. Such a lack of interest could impactthe development of the Network. It is not possible to predict the success of any developmentefforts of any party;
● the actual existence and performance of the Network is dependent on the collective actionsof various participants in the Network. It is possible that the Network may not continue toexist and may not perform as expected if such parties cease their activities on the Network.No one, including the Subject Persons, can guarantee that such parties will continue to act orthat the Network will continue exist or perform at the expected level;
● you recognize that the Network is under development and may undergo significant changesover time and you acknowledge that any expectations regarding the form and functionalityof the Network held by you may not be met upon release of the Network or any updatethereto, for any number of reasons including a change in the design and implementationplans and execution of the implementation of the Network;
● digital currency is not legal tender, is not backed by the government, and accounts and valuebalances are not subject to Federal Deposit Insurance Corporation or Securities InvestorProtection Corporation protections or similar laws in any jurisdiction;
● legislative and regulatory changes or actions at the state, federal, or international level mayadversely affect the use, transfer, exchange, and value of digital currency;
● transactions in digital currency are generally irreversible, and, accordingly, losses due tofraudulent or accidental transactions may not be recoverable;
● some digital currency or other blockchain transactions shall be deemed to be made whenrecorded on a “block chain” ledger, which is not necessarily the date or time that the userinitiates the transaction;
● the value of digital currency is derived from the continued willingness of market participantsto exchange fiat currency for digital currency, which may result in the potential forpermanent and total loss of value of a particular digital currency should the market for thatdigital currency disappear;
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● there is no assurance that a person who accepts a digital currency as payment today willcontinue to do so in the future;
● the volatility and unpredictability of the price of digital currency relative to fiat currency mayresult in significant loss or tax liability over a short period of time;
● the nature of digital currency may lead to an increased risk of fraud or cyber-attack;
● the nature of digital currency means that any technological difficulties experienced by Youmay prevent the access or use of a customer’s digital currency;
● the state of cryptocurrency can advance over time and advances in code cracking, ortechnical advances such as the development of quantum computers, could present risks tothe Network, which could result in the theft or loss of assets stored or transferred via theNetwork; and
● It is possible that alternative networks which utilize the same open-source source code andopen source protocol underlying the Network could be established. The Network maycompete with these alternative networks, which could potentially negatively impact theNetwork.
● Loss of private keys of digital currency will result in the irretrievable loss of such digitalcurrency. You are responsible for the safekeeping of your own private keys. In no event willthe Company or the Network be liable in the event that you lose or otherwise cannot accessyour private keys.You hereby expressly acknowledge and agree that (i) you are accepting and using the Network atyour sole risk and expense; (ii) you have an adequate understanding of the risks, usage andintricacies of blockchain-based technology such as the Network, including the risks set forth above;(iii) neither StarkWare nor any Subject Persons shall have no responsibility or liability for the loss,transfer, misappropriation, theft, use or misuse of any blockchain-based assets, including as utilizedin connection with the Network, or any financial or physical harm or loss related thereto, and youhereby irrevocably waive any and all rights and claims with respect thereto and claims with respectthereto, and (iv) you will comply with any and all applicable rules and laws regarding your use of theNetwork.9. Representations and Warranties and Warranty DisclaimersThe Network is a peer-to-peer platform with a blockchain-based architecture designed to provideblockchain infrastructure-as-a-service.The Network is in an “Alpha” state of development and are provided on an “as is” and “as available”basis. The Network is currently undergoing testing and features and functionality of the Network maynot be fully implemented or refined and may contain bugs. As with any alpha version, there may beunresolved issues and StarkWare may not offer full or any technical support for the alpha version ofthe Network. You are advised to safeguard your data, to use caution and not to rely in any way onthe correct functioning or performance of the Network. The possibility of the corruption of dataand/or loss of data exists. We strongly encourage you to back up all data and information.
StarkWare reserves the right to make changes, updates or upgrades to the Network and any time,with or without prior notice, in its sole discretion. Such changes, updates or upgrades may not bebackwards compatible, which means that Applications that functioned on the Network prior tosuch changes, updates or upgrades may not work following the implementation of such changes,updates or upgrades. In addition, such changes, updates or upgrades may result in a loss of certainNetwork functionality and/or loss of funds that were stored or transacted in impactedApplications.
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The Network is accessible world-wide. The Network and Network Content may not be appropriate orauthorized for use in all countries, states, provinces, counties or any other jurisdictions. Your accessand use of the Network may not be legal in your jurisdiction. If you choose to access, browse or usethe Network, you do so on your own initiative and risk, and you are responsible for compliance withall applicable laws if, and to the full extent that, such laws and restrictions are applicable. Any offerfor any feature or function made on the Network is void where prohibited.Any information provided on the Network is of a general nature only and cannot create liabilityconcerning any action that any person may take based on any information or guidance provided atthe Network.Some Network Content may be provided by the users of the Network. The Subject Persons do notobtain or control any rights in, and do not exert editorial control over, such Network Content. Theydo not independently verify the representations and warranties made by the users with respect tosuch Network Content.StarkWare and the Subject Persons do not guarantee the accuracy, timeliness, correctness,completeness, performance or fitness for a particular purpose of the Network or any of NetworkContent, End-User Content and/or Applications. They are not liable for any errors, omissions, orinaccurate Network Content, End-User Content and/or Applications. Furthermore, StarkWare andthe Subject Persons disclaim: (a) any and all responsibility or liability for the accuracy, content,completeness, legality, reliability, or availability or operability of information or materials displayedon the Services; (b) any and all responsibility for the conduct of any user of the Services; (c) any andall responsibility for any harm resulting from downloading or accessing any information or materialon the Internet through the Network; (d) any and all responsibility for any financial gains, losses ortax consequences associated with the your use of the Network and the associated cryptocurrency.THE NETWORK AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUTWARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANYWARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTEDACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF THENETWORK AND ITS CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORYQUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, WHICH AREEXCLUDED FROM THESE TERMS TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OFLAW. NO PARTY WARRANTS THAT THE NETWORK OR ITS CONTENT WILL BE TIMELY, SECURE,UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE,COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE NETWORK AT YOUR OWNRISK. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUSCHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULARREQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. THERE IS NOWARRANTY THAT THE NETWORK WILL MEET USERS’ OR DEVELOPER’S REQUIREMENTS. NO ADVICE,RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THENETWORK SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimersmay not apply to you.YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS ORDISSATISFACTION WITH THE NETWORK IS TO DISCONTINUE ALL USE OF THE NETWORK.\ - Limitation of Liability
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EXCEPT AS SET FORTH HEREIN, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION,BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ARISING UNDER ANY OTHER LEGALOR EQUITABLE THEORY WILL STARKWARE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING,BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIALDAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE NETWORK, THE SERVICESOR WITH THE DELAY OR INABILITY TO USE THE NETWORK, OR NETWORK CONTENT, OR FOR ANYINFORMATION, SOFTWARE APPLICATIONS, PRODUCTS OR SERVICES OBTAINED THROUGH THENETWORK, OR FROM THE FAILURE OF THE NETWORK TO PERFORM AS DESCRIBED OR EXPECTED, ORFROM THE FAILURE OF THE SUBJECT PARTIES TO PERFORM UNDER THESE TERMS OR OTHERWISEARISING OUT OF THE USE OF THE NETWORK, EVEN IF ADVISED OF THE POSSIBILITY OF SUCHDAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OFLIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE HEREINLIMITATION MAY NOT APPLY TO YOU, IN WHICH CASE LIABILITY SHALL BE LIMITED TO THE FULLESTEXTENT PERMITTED BY LAW.IN NO EVENT SHALL STARKWARE’S AGGREGATED LABILITY UNDER THESE TERMS SHALL EXCEED, INTHE AGGREGATE, ONE HUNDRED U.S. DOLLARS (US$100).11. IndemnificationYou agree to hold harmless and indemnify StarkWare, its affiliates, directors, shareholders andemployees, from and against any action, cause claim, suit, judgment, damage (actual andconsequential), debt, demand, expense or liability (including reasonable costs and attorney’s fees) ofevery kind and nature, asserted by any person, arising from or in any way related to your use of theNetwork or from any End User Content or Applications that you uploaded or transacted over theNetwork.12. No RelationshipThere is no agency, partnership, joint venture, employee-employer or franchisor-franchiseerelationship between you and the Subject Persons or between them and any other user of theNetwork. You acknowledge that by submitting End-User Content or Developer Content, noconfidential, fiduciary, contractually implied or other relationship is created between you and theSubject Persons other than pursuant to these Terms.13. AssignmentYour agreement to these Terms is personal to you and you may not transfer or assign it to any thirdparty.14. Entire AgreementYOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BEBOUND BY ITS TERMS AND CONDITIONS.These Terms shall be deemed to include all other notices, policies, disclaimers and other terms andconditions contained in the Network and Network Content. These Terms constitute the entireagreement among the Network participants and supersede all prior or contemporaneouscommunications and proposals, whether electronic, oral or written, between you and other Networkparticipants, with respect to your use of the Network and all matters relating to your access to,and/or use of, the Network and Network Content. A printed version of these Terms and of any noticegiven in electronic form shall be admissible in any and all judicial or administrative proceedings basedupon or relating to these Terms to the same extent as other business documents and recordsoriginally generated and maintained in printed form.These Terms are subject to change from time to time in accordance with the then-applicablegovernance procedures of the Network.
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Any dispute to which the Subject Persons are a party arising out of or related to the Network will bebrought in, and you hereby consent to exclusive jurisdiction and venue of, the competent courts ofthe Tel-Aviv-Jaffa District, Israel, provided, however, that nothing herein shall be deemed to precludeStarkWare from bringing any suit, enforcing any right or taking other legal action in your localjurisdiction. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or courtrule.If any part of these Terms is determined to be invalid or unenforceable under applicable lawincluding, without limitation, the warranty disclaimers and liability limitations stated herein, then theinvalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provisionthat most closely matches the intent of the original provision, and the remainder of these Terms shallcontinue in full effect.As part of these Terms, all Developers and any other participant who facilitates the use of theNetwork, directly or indirectly, by any End User, shall undertake to ensure that such End-User entersinto an agreement or other arrangement which governs the relationship between the Developer orother participant and such the End User regarding the Network and obligates such End-User to besubject to these Terms. Such Developer or other participant is solely responsible for theeffectiveness of such arrangement with the applicable End Users.