TIGERSWAP DEFI PLATFORM, PLAY TO EARN GAMES AND OTHER PRODUCTS OF & ON THE TIGERSWAP ECOSYSTEM ARE NOT OFFERED TO PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN THE UNITED STATES OF AMERICA (COLLECTIVELY, “US PERSONS”). MOREOVER, NO SERVICES (AS DEFINED BELOW) ARE OFFERED TO PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY (AS DEFINED BELOW, AND ANY SUCH PERSON OR ENTITY FROM A RESTRICTED TERRITORY, A “RESTRICTED PERSON”). WE DO NOT MAKE EXCEPTIONS; THEREFORE, IF YOU ARE A US PERSON, THEN DO NOT ATTEMPT TO USE OUR PLATFORM AND IF YOU ARE A RESTRICTED PERSON, THEN DO NOT ATTEMPT TO USE ANY OF THE SERVICES. USE OF A VIRTUAL PRIVATE NETWORK (“VPN”) TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS PROHIBITED.
Welcome to https://tigerswap.global a website-hosted user interface (the "Interface" or "App") provided by TigerSwap team ("we", "our", or "us"). The Interface provides access to a decentralized protocol on the Binance Smart Chain Network & Other Ethereal EVM compatible blockchain that allows users to trade certain digital assets. The Interface is one, but not the exclusive, means of accessing the Protocol.
If you do not agree to these Terms, then you must not access or use the TigerSwap DeFi Platform, Play to earn games and/or other products of & on the TigerSwap ecosystem.Modification To These Terms & Agreements:
We reserve the right, in our sole discretion, to modify this Agreement from time to time. If we make any modifications, we will notify you by updating the date at the top of the Agreement and by maintaining a current version of the Agreement at https://tigerswap.global/terms.html. All modifications will be effective when they are posted, and your continued accessing or use of the Interface will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to this Agreement, you must immediately stop accessing and using the TigerSwap DeFi Platform, Tigerswap websites, interface, play to earn games and/or other products of & on the Tigerswap ecosystem.Eligibility & Use of Service:
To access or use TigerSwap, you must be able to form a legally binding contract with us. Accordingly, you represent that you are at least the age of majority in your jurisdiction (e.g., eighteen years old) and have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement on behalf of yourself and any company or legal entity for which you may access or use any of the TigerSwap Interface.
You further represent that you are not (a) the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury) or (b) a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United States. Finally, you represent that your access and use of the Tigerswap ecosystem will fully comply with all applicable laws and regulations, and that you will not access or use the Tigerswap interface to conduct, promote, or otherwise facilitate any illegal activity.
As a condition to accessing or using Tigerswap platform, you represent and warrant to TigerSwap the following:
- if you are entering into these Terms as an individual, then you are of legal age in the jurisdiction in which you reside and you have the legal capacity to enter into these Terms and be bound by them;
- if you are entering into these Terms as an entity, then you must have the legal authority to accept these Terms on that entity’s behalf, in which case “you” (except as used in this paragraph) will mean that entity;
- if you are entering into these Terms to access TigerSwap contracts, products or will in the future access Tigerswap contracts or products, then you are not a US Person and are not accessing TigerSwap from a US IP address;
- you do not reside in, are not located or incorporated in and do not have a registered office in Afghanistan, the Balkans, Belarus, Burma (Myanmar), Central African Republic, Côte D’Ivoire (Ivory Coast), Crimea and Sevastopol, Cuba, Democratic Republic of Congo, Donetsk, Iran, Iraq, Liberia, Libya, Luhansk, Magnitsky, Mali, Nicaragua, North Korea, Somalia, South Sudan, Sudan, Syria, Venezuela, Zimbabwe, or any other country or region that is the subject of comprehensive country-wide or region-wide economic sanctions by the United States (collectively, “Restricted Territories”);
- you are not the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury) (collectively, “Sanctioned Person”);
- you do not intend to transact with any Restricted Person or Sanctioned Person;
- you do not, and will not, use a VPN or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Services; and
- your access to the TigerSwap (a) is not prohibited by and does not otherwise violate or assist you to violate any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over TigerSwap, you, the Site or the Services, or as otherwise duly enacted, enforceable by law, the common law or equity (collectively, “Applicable Laws”); and (b) does not contribute to or facilitate any illegal activity.
As a condition to accessing or using TigerSwap, you acknowledge, understand, and agree to the following:
- from time to time, the Site and the Services may be inaccessible or inoperable for any reason, including: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs that TigerSwap or any of our suppliers or contractors may undertake from time to time; (c) causes beyond TigerSwap’s control or that TigerSwap could not reasonably foresee; (d) disruptions and temporary or permanent unavailability of underlying blockchain infrastructure; or (e) unavailability of third-party service providers or external partners for any reason;
- we reserve the right to disable or modify access to the Site and the Services (such as restricting features of the Services) at any time in the event of any breach of these Terms, including, if we reasonably believe any of your representations and warranties may be untrue or inaccurate, and we will not be liable to you for any losses or damages you may suffer as a result of or in connection with TigerSwap platform being inaccessible to you at any time or for any reason;
- the TigerSwap platform may evolve, which means TigerSwap may apply changes, replace, or discontinue (temporarily or permanently) the TigerSwap DeFi Platform, Tigerswap websites, interface, play to earn games and/or other products of & on the Tigerswap ecosystem at any time in our sole discretion;
- the pricing information and other data provided on the Site does not represent (i) an offer, a solicitation of an offer, or recommendation to enter into, a transaction with TigerSwap (other than the payment of fees to TigerSwap) or (ii) any advice regarding a transaction entered into using the Tigerswap interface
- TigerSwap does not act as an agent for you or any other user of the Site or the Services;
- you are solely responsible for your use of the Services, including all of your transfers of Digital Assets;
- to the fullest extent not prohibited by Applicable Law, we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, you hereby irrevocably disclaim, waive, and eliminate those duties and liabilities;
- you are solely responsible for reporting and paying any taxes applicable to your use of the Services;
- we have no control over, or liability for, the delivery, quality, safety, legality, or any other aspect of any Digital Assets that you may transfer to or from a third party, and we are not responsible for ensuring that an entity with whom you transact completes the transaction or is authorized to do so, and if you experience a problem with any transactions in Digital Assets using the TigerSwap Platform, then you bear the entire risk;
- we may, from time to time, operate contests, promotions, sweepstakes or other activities or offer referral programs (“Promotions and Referrals”), which may be governed by separate terms and conditions and rules that may contain certain eligibility requirements; and you are responsible for reading all terms and conditions and rules relating to the Promotions and Referrals to determine whether you are eligible to participate; if you enter or participate in any Promotions and Referrals, then you agree to abide by and to comply with all terms and conditions and rules of such Promotions and Referrals; all Promotions and Referrals will be optional so you should not enter or participate in such Promotions and Referrals if you do not agree to abide by and comply with all such terms and conditions and rules; and
- if you receive discounts on fees from any Promotions and Referrals that are not subject to separate terms and conditions and rules, then TigerSwap reserves the right to add to, modify or eliminate the discounts and any other aspect of such Promotions and Referrals.
As a condition to accessing or using the TigerSwap platform you covenant to TigerSwap the following:
- in connection with using TigerSwap, you only will transfer legally-obtained Digital Assets that belong to you;
- you will obey all Applicable Laws in connection with using TigerSwap, and you will not use the TigerSwap Platform if the laws of your country, or any other Applicable Law, prohibit you from doing so;
- any Digital Assets you use in connection with TigerSwap are either owned by you or you are validly authorized to carry out actions using such Digital Assets; and
- in addition to complying with all restrictions, prohibitions, and other provisions of these Terms, you will (a) ensure that, at all times, all information that you provide on TigerSwap and during your use of the TigerSwap platform is current, complete, and accurate; and (b) maintain the security and confidentiality of your private keys associated with your public blockchain/network compatible address, passwords, API keys, private keys and other related credentials.
We reserve the following rights, which do not constitute obligations of ours: (a) with or without notice to you, to modify, substitute, eliminate or add to the TigerSwap ecosystem; (b) to review, modify, filter, disable, delete and remove any and all content and information from TigerSwap; and (c) to cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that we disclose information or content or information that you provide.Privacy
- When you use the Interface, the only information we collect from you is your blockchain wallet address, completed transaction hashes, and the token names, symbols, or other blockchain identifiers of the tokens that you swap. We do not collect any personal information from you (e.g., your name or other identifiers that can be linked to you). We do, however, use third-party service providers, like Infura, Cloudflare, and Google Analytics, which may receive or independently obtain your personal information from publicly-available sources. We do not control how these third parties handle your data and you should review their privacy policies to understand how they collect, use, and share your personal information. In particular, please visit https://policies.google.com/technologies/partner-sites to learn more about how Google uses data. By accessing and using TigerSwap, you understand and consent to our data practices and our service providers' treatment of your information.
- We use the information we collect to detect, prevent, and mitigate financial crime and other illicit or harmful activities on TigerSwap. For these purposes, we may share the information we collect with blockchain analytics providers. We share information with these service providers only so that they can help us promote the safety, security, and integrity of TigerSwap. We do not retain the information we collect any longer than necessary for these purposes.
- Please note that when you use TigerSwap, you are interacting with the Ethereum EVM blockchain, which provides transparency into your transactions. TigerSwap does not control and is not responsible for any information you make public on the Ethereum blockchain by taking actions through TigerSwap.
You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access and use of TigerSwap:
- Intellectual Property Infringement: Activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law including sales, distribution or access to counterfeit music, movies, software or other licensed materials without the appropriate authorization from the rights holder; use of TigerSwap intellectual property, name or logo, including use of TigerSwap trade, service or licensed marks, without express consent from TigerSwap or in a manner that otherwise harms TigerSwap; any action that implies an untrue endorsement by or affiliation with TigerSwap;
- Cyberattack: Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including (but not limited to) the deployment of viruses and denial of service attacks.
- Fraud and Misrepresentation: Activity that seeks to defraud us or any other person or entity, including (but not limited to) providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another.
- Market Manipulation: Activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including (but not limited to) the manipulative tactics commonly known as spoofing and wash trading.
- Securities and Derivatives Violations: Activity that violates any applicable law, rule, or regulation concerning the trading of securities or derivatives.
- Any Other Unlawful Conduct: Activity that violates any applicable law, rule, or regulation of the United States or another relevant jurisdiction, including (but not limited to) the restrictions and regulatory requirements imposed by U.S. law.
You may not use the TigerSwap platform to engage in the categories of activity set forth below (“Prohibited Uses”). The specific activities set forth below are representative, but not exhaustive, of Prohibited Uses. If you are uncertain as to whether your use of the Services involves a Prohibited Use or have other questions about how these requirements apply to you, then please contact us at firstname.lastname@example.org. By using the TigerSwap platform, you confirm that you will not use the TigerSwap platform to do any of the following:
- violate any Applicable Laws including any relevant and applicable anti-money laundering and anti-terrorist financing laws and sanctions programs, such as the Bank Secrecy Act and the U.S. Department of Treasury’s Office of Foreign Asset Controls;
In connection with your use of TigerSwap, unless expressly stated otherwise pursuant to a promotion operated by TigerSwap, you are required to pay all fees necessary for interacting with the blockchain, including “gas” costs, as well as all other fees reflected on the TigerSwap platform at the time of your use of TigerSwap. Although we attempt to provide accurate fee information, this information reflects our estimates of fees, which may vary from the actual fees paid to use the TigerSwap platform and interact with the blockchain.
No professional advice, and No Fiduciary Duties
All information provided in connection with your access and use of TigerSwap is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained on TigerSwap or any other information that we make available at any time, including blog posts, data, articles, links to third-party content, telegram content, discord content, news feeds, tutorials, tweets, and videos. Before you make any financial, legal, or other decisions involving the TigerSwap platform, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate. The Terms are not intended to, and do not, create or impose any fiduciary duties on us. TigerSwap is a purely non-custodial application, meaning you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold. This Agreement is not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in this Agreement.
TigerSwap contracts and products are non-custodial. When you deposit Digital Assets into any TigerSwap smart contract, you retain control over those Digital Assets at all times. The private key associated with the address from which you transfer Digital Assets or the private key associated is the only private key that can control the Digital Assets you transfer into the TigerSwap smart contracts. In some cases, you may withdraw Digital Assets from any TigerSwap smart contract only to the address from which you deposited the Digital Assets.
Non-Solicitation; No Investment Advice
You agree and understand that all trades you submit through the TigerSwap platform are considered unsolicited, which means that you have not received any investment advice from us in connection with any trades, including those you send to our wallet addresses on the blockchain and/or place via our Auto Router API, and that we do not conduct a suitability review of any trades you submit.
All information provided by the Tigerswap website and ecosystem is for informational purposes only and should not be construed as investment advice. You should not take, or refrain from taking, any action based on any information contained in/on the TigerSwap platform. We do not make any investment recommendations to you or opine on the merits of any investment transaction or opportunity. You alone are responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance.
TigerSwap is provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, we disclaim any representations and warranties of any kind, whether express, implied, or statutory, including (but not limited to) the warranties of merchantability and fitness for a particular purpose. You acknowledge and agree that your use of TigerSwap is at your own risk. We do not represent or warrant that access to TigerSwap will be continuous, uninterrupted, timely, or secure; that the information contained on TigerSwap will be accurate, reliable, complete, or current; or that TigerSwap will be free from errors, defects, viruses, or other harmful elements. No advice, information, or statement that we make should be treated as creating any warranty concerning TigerSwap. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the TigerSwap ecosystem
Not Registered with the SEC or Any Other Agency
We are not registered with the U.S. Securities and Exchange Commission as a national securities exchange or in any other capacity. You understand and acknowledge that we do not broker trading orders on your behalf nor do we collect or earn fees from your trades on the Protocol. We also do not facilitate the execution or settlement of your trades, which occur entirely on the public distributed Ethereum blockchain & EVM Network.
TigerSwap provides, and/or third parties may provide, links to other World Wide Web or accessible sites, applications, or resources. You acknowledge and agree that TigerSwap is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TigerSwap will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
Modification, Suspension, and Termination
We may, at our sole discretion, from time to time and with or without prior notice to you, modify, suspend or disable (temporarily or permanently) the TigerSwap platform, in whole or in part, for any reason whatsoever. Upon termination of your access, your right to use the TigerSwap platform will immediately cease. We will not be liable for any losses suffered by you resulting from any modification to TigerSwap or from any modification, suspension or termination, for any reason, of your access to all or any portion of TigerSwap.
TigerSwap may not be available or appropriate for use in other jurisdictions. By accessing or using the TigerSwap platform, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you.
Assumption of Risk
By accessing and using the Interface, you represent that you are financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets such as bitcoin (BTC), ether (ETH), and other digital tokens such as those following the Ethereum Token Standard (ERC-20). In particular, you understand that blockchain-based transactions are irreversible.
- You further understand that the markets for these digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase dramatically at any time. You further acknowledge and accept the risk that your digital assets may lose some or all of their value while they are supplied to the Protocol through the Interface, you may suffer loss due to the fluctuation of prices of tokens in a trading pair or liquidity pool, and, especially in expert modes, experience significant price slippage and cost. You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other tokens. You further acknowledge that we are not responsible for any of these variables or risks, do not own or control the Protocol, and cannot be held liable for any resulting losses that you experience while accessing or using the Interface. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using The TigerSwap platform.
- By utilizing TigerSwap or interacting with TigerSwap in any way, you understand and agree to the inherent risks associated with cryptographic systems and blockchain-based networks; Digital Assets, including the usage and intricacies of native Digital Assets, like ether (ETH); smart contract-based tokens, including fungible tokens and NFTs; and systems that interact with blockchain-based networks and other digital tokens such as those following the Ethereum Token Standard (ERC-20). In particular, you understand that blockchain-based transactions are irreversible.
- TigerSwap does not own or control any of the underlying software through which blockchain networks are formed. In general, the software underlying blockchain networks, including the Ethereum blockchain, is open source, such that anyone can use, copy, modify, and distribute it. By using TigerSwap, you acknowledge and agree (a) that TigerSwap is not responsible for the operation of the blockchain-based software and networks underlying the platform, (b) that there exists no guarantee of the functionality, security, or availability of that software and networks, and (c) that the underlying blockchain-based networks are subject to sudden changes in operating rules, such as those commonly referred to as “forks,” which may materially affect the TigerSwap platform. Blockchain networks use public and private key cryptography. You alone are responsible for securing your private key(s). We do not have access to your private key(s). Losing control of your private key(s) will permanently and irreversibly deny you access to Digital Assets on the Ethereum blockchain or other blockchain-based network. Neither TigerSwap nor any other person or entity will be able to retrieve or protect your Digital Assets. If your private key(s) are lost, then you will not be able to transfer your Digital Assets to any other blockchain address or wallet. If this occurs, then you will not be able to realize any value or utility from the Digital Assets that you may hold.
- The TigerSwap platform and your Digital Assets could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of TigerSwap to continue to make available the TigerSwap platform and could impede or limit your ability to access or use of the platform.
- You acknowledge and understand that cryptography is a progressing field with advances in code cracking or other technical advancements, such as the development of quantum computers, which may present risks to Digital Assets and the Services, and could result in the theft or loss of your Digital Assets. To the extent possible, we intend to update TigerSwap smart contracts related to the Services to account for any advances in cryptography and to incorporate additional security measures necessary to address risks presented from technological advancements, but that intention does not guarantee or otherwise ensure full security of the TigerSwap platform.
- You understand that the Ethereum blockchain remains under development, which creates technological and security risks when using the TigerSwap platform in addition to uncertainty relating to Digital Assets and transactions therein. You acknowledge that the cost of transacting on the Ethereum blockchain is variable and may increase at any time causing impact to any activities taking place on the Ethereum blockchain, which may result in price fluctuations or increased costs when using the TigerSwap platform.
- You acknowledge that the TigerSwap platforms are subject to flaws and that you are solely responsible for evaluating any code provided. This warning and other warnings that TigerSwap provides in these Terms are in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the platform or accessing the TigerSwap platforms.
- Although we intend to provide accurate and timely information and data on the Site and during your use of the TigerSwap platform, the TigerSwap ecosystem and other information available when using the TigerSwap platform may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. To continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including information regarding our policies. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on Tigerswap or as part of the Tigerswap ecosystem are your sole responsibility. No representation is made as to the accuracy, completeness, or appropriateness for any particular purpose of any pricing information distributed via TigerSwap or otherwise when using the TigerSwap platform. Prices and pricing information may be higher or lower than prices available on platforms providing similar services.
- ny use or interaction with the TigerSwap platform requires a comprehensive understanding of applied cryptography and computer science to appreciate the inherent risks, including those listed above. You represent and warrant that you possess relevant knowledge and skills. Any reference to a type of Digital Asset on TigerSwap or otherwise during the use of the platform does not indicate our approval or disapproval of the technology on which the Digital Asset relies, and should not be used as a substitute for your understanding of the risks specific to each type of Digital Asset.
- Use of TigerSwap in particular for trading Digital Assets and entering into or interacting with smart contracts, may carry financial risk. Digital Assets, especially in connection with smart contracts, are, by their nature, highly experimental, risky, and volatile. Transactions entered into in connection with Tigerswap are irreversible, final and there are no refunds. You acknowledge and agree that you will access and use TigerSwap and the TigerSwap platform at your own risk. The risk of loss in trading Digital Assets, especially entering into or interacting with smart contracts, can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources.
- By using TigerSwap, you represent and warrant that you have been, are, and will be solely responsible for making your independent appraisal and investigations into the risks of a given transaction and the underlying Digital Assets, including smart contracts. You represent that you have sufficient knowledge, market sophistication, professional advice, and experience to make your evaluation of the merits and risks of any transaction conducted in connection with TigerSwap or any Digital Asset. You accept all consequences of using the TigerSwap platform, including the risk that you may lose access to your Digital Assets indefinitely. All transaction decisions are made solely by you. Notwithstanding anything in these Terms, we accept no responsibility whatsoever for, and will in no circumstances be liable to you in connection with, your use of the TigerSwap platform for performing Digital Asset transactions, including entering into and/or interacting with smart contracts.
- We must comply with Applicable Law, which may require us to, upon request by government agencies, take certain actions or provide information, which may not be in your best interests.
- You understand that the TigerSwap platform and the blockchain technology it is built on remains under development, which creates technological, trading, and other risks when using the TigerSwap platform. These risks include, among others, delays in trades, withdrawals, and deposits resulting from the servers of TigerSwap or the operator of the blockchain and/or network being offline; an incorrect display of information on TigerSwap in the case of server errors; or transactions using the TigerSwap platform being rolled back in the case of server errors. You acknowledge that these risks may have a material impact on your transactions which may result in, among other things, failing to fulfill transactions at your desired price or at all.
- You understand that you are responsible for all trades you place, including any erroneous orders that may be filled. We do not take any action to resolve erroneous trades that result from your errors.
- You hereby assume and agree that TigerSwap will have no responsibility or liability for the risks set forth in this terms. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against TigerSwap and our shareholders, members, directors, officers, employees, agents, and representatives, suppliers, and contractors related to any of the risks set forth in this terms.
Release of Claims
You expressly agree that you assume all risks in connection with your access and use of TigerSwap and your interaction with the Protocol. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Interface and your interaction with the Protocol. If you are a California resident, you waive the benefits and protections of California Civil Code § 1542, which provides: "[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access and use of TigerSwap; (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party's access and use of the TigerSwap platform with your assistance or using any device or account that you own or control. By proceeding to use the TigerSwap DeFi Platform, Play To Earn Games & Other products of & on the TigerSwap ecosystem, you agree that you will defend, indemnify, and hold harmless TigerSwap and our team, members, directors, officers, managers, employees, attorneys, agents, representatives, suppliers, and contractors (collectively, “Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including reasonable attorneys’ fees, arising out of or relating to (a) your use of, or conduct in connection with the TigerSwap DeFi Platform, Play To Earn Games & Other products of & on the TigerSwap ecosystem; (b) Digital Assets associated with your blockchain address; (c) any feedback or user content you provide to TigerSwap, if any, concerning the TigerSwap ecosystem; (d) your violation of these Terms; or (e) your infringement or misappropriation of the rights of any other person or entity. If you are obligated to indemnify any Indemnified Party, TigerSwap (or, at our sole discretion, the applicable Indemnified Party) will have the right, in our or its sole discretion, to control any action or proceeding and to determine whether TigerSwap wishes to settle, and if so, on what terms, and you agree to cooperate with TigerSwap in the defense.
Limitation of Liability
- Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data, or other intangible property, arising out of or relating to any access or use of the TigerSwap platform, nor will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the platform or the information contained within it.
- We assume no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from any access or use of the Interface; (c) unauthorized access or use of any secure server or database in our control, or the use of any information or data stored therein; (d) interruption or cessation of function related to TigerSwap; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through TigerSwap; (f) errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the TigerSwap and (g) the defamatory, offensive, or illegal conduct of any third party.
- Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to us in exchange for access to and use of TigerSwap, or USD$10.00, whichever is greater. This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of the possibility of such liability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. This limitation of liability shall apply to the fullest extent permitted by law.
- TigerSwap is a developer of software. TigerSwap does not operate a Digital Asset or derivatives exchange platform or offer trade execution or clearing services and has no oversight, involvement, or control concerning your transactions using the TigerSwap platform. All transactions between users of TigerSwap developed software are executed peer-to-peer directly between the users’ blockchain addresses through a smart contract.
- You are responsible for complying with all Applicable Laws that govern your use of smart contracts & block chain technology. As a result of restrictions under the Commodity Exchange Act and the regulations promulgated thereunder by the U.S. Commodity Futures Trading Commission (“CFTC”), no US Person may enter into or interact with smart contracts and/or use the TigerSwap platform.
- You understand that TigerSwap is not registered or licensed by any regulatory agency or authority. No such agency or authority has reviewed or approved the use of the TigerSwap developed software.
- To the maximum extent permitted under Applicable Law, the TigerSwap DeFi platforms, Play to earn games and other products of and/or on the TigerSwap ecosystem (and any of their content or functionality) provided by or on behalf of us are provided on an “AS IS” and “AS AVAILABLE” basis, and we expressly disclaim, and you hereby waive, any representations, conditions or warranties of any kind, whether express or implied, legal, statutory or otherwise, or arising from statute, otherwise in law, course of dealing, or usage of trade, including the implied or legal warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment and non-infringement of third party rights. Without limiting the foregoing, we do not represent or warrant that TigerSwap (including any data relating thereto) will be uninterrupted, available at any particular time, or error-free. Further, we do not warrant that errors in/on the TigerSwap platform are correctable or will be correctable.
- You acknowledge that your data on TigerSwap may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, and agree that, to the maximum extent permitted under Applicable Law, we will not be liable for any loss or damage caused by denial-of-service attacks, software failures, viruses or other technologically harmful materials (including those which may infect your computer equipment), protocol changes by third-party providers, Internet outages, force majeure events or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside of our control.
Exclusion of Consequential and Related Claims
- In no event will TigerSwap our suppliers and contractors, and our and our suppliers’ and contractors’ respective stockholders, members, directors, officers, managers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, the “Risk Limited Parties”) be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including damages for loss of fiat, assets, data, information, revenue, opportunities, use, goodwill, profits or other business or financial benefit) arising out of or in connection with the TigerSwap platform (and any of their content and functionality), any execution or settlement of a transaction, any performance or non-performance of the Services, your Digital Assets, smart contracts or any other product, service or other item provided by or on behalf of TigerSwap, whether under contract, tort (including negligence), civil liability, statute, strict liability, breach of warranties, or under any other theory of liability, and whether or not we have been advised of, knew of or should have known of the possibility of such damages and, notwithstanding any failure of the essential purpose of these Terms or any limited remedy hereunder, nor is TigerSwap in any way responsible for the execution or settlement of transactions between users of TigerSwap-developed software.
Dispute Resolution & Arbitration
- Please read the following section carefully because it requires you to arbitrate certain disputes and claims with TigerSwap and limits how you can seek relief from TigerSwap. Also, arbitration precludes you from suing in court or having a jury trial.
- You and TigerSwap agree that any dispute arising out of or related to these Terms or the TigerSwap platform is personal to you and TigerSwap and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action, or any other type of representative proceeding.
- Instead, for any dispute or claim that you have against TigerSwap or relating in any way to the TigerSwap platform & ecosystem, you agree to first contact TigerSwap and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to TigerSwap by email at email@example.com. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and TigerSwap cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, Any claim arising out of or related to these Terms or the Services must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred, which means that you and TigerSwap will not have the right to assert the claim.
- We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending an email to firstname.lastname@example.org so that we can attempt to resolve it without resorting to formal dispute resolution. If we aren't able to reach an informal resolution within sixty days of your email, then you and we both agree to resolve the potential dispute according to the process set forth below.
- Any claim or controversy arising out of or relating to the TigerSwap platform, this Agreement, or any other acts or omissions for which you may contend that we are liable, including (but not limited to) any claim or controversy as to arbitrability ("Dispute"), shall be finally and exclusively settled by arbitration under the JAMS Optional Expedited Arbitration Procedures. You understand that you are required to resolve all Disputes by binding arbitration. The arbitration shall be held on a confidential basis before a single arbitrator, who shall be selected pursuant to JAMS rules. The arbitration will be held in New York, New York, unless you and we both agree to hold it elsewhere. Unless we agree otherwise, the arbitrator may not consolidate your claims with those of any other party. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- You must bring any and all Disputes against us in your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. This provision applies to class arbitration. You and we both agree to waive the right to demand a trial by jury.
- The interpretation and enforcement of these Terms, and any dispute related to these Terms, TigerSwap will be governed by and construed and enforced under the laws of the State of California, as applicable, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree that we may initiate a proceeding related to the enforcement or validity of our intellectual property rights in any court having jurisdiction. For any other proceeding that is not subject to arbitration under these Terms, the state and federal courts located in San Francisco, California will have exclusive jurisdiction. You waive any objection to venue in any such courts.
- You agree that the laws of the State of New York, without regard to principles of conflict of laws, govern this Agreement and any Dispute between you and us. You further agree that TigerSwap shall be deemed to be based solely in the State of New York, and that although TigerSwap may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside the State of New York. Any arbitration conducted pursuant to this Agreement shall be governed by the Federal Arbitration Act. You agree that the federal and state courts of New York County, New York are the proper forum for any appeals of an arbitration award or for court proceedings in the event that this Agreement's binding arbitration clause is found to be unenforceable.
- You consent to receive all communications, agreements, documents, receipts, notices, and disclosures electronically (collectively, our “Communications”) that we provide in connection with these Terms. You agree that we may provide our Communications to you by posting them on the TigerSwap website, by emailing them to you at the email address you provide in connection with using the TigerSwap platform, if any, or by Telegram at the username you provided to us during the course of your use of the TigerSwap ecosystem. You should maintain copies of our Communications by printing a paper copy or saving an electronic copy. You may also contact us with questions, complaints, or claims concerning the Services at email@example.com
- Any right or remedy of TigerSwap set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under Applicable Law, at law, or in equity. The failure or delay of TigerSwap in exercising any right, power, or privilege under these Terms will not operate as a waiver thereof.
- The invalidity or unenforceability of any of these Terms will not affect the validity or enforceability of any other of these Terms, all of which will remain in full force and effect.
- We will have no responsibility or liability for any failure or delay in performance of TigerSwap or any of the TigerSwap platforms, or any loss or damage that you may incur, due to any circumstance or event beyond our control, including any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction.
- You may not assign or transfer any right to use TigerSwap, or any of your rights or obligations under these Terms, without our express prior written consent, including by operation of law or in connection with any change of control. We may assign or transfer any or all of our rights or obligations under these Terms, in whole or in part, with or without notice or obtaining your consent or approval.
- Except to the extent otherwise provided or unless the context otherwise requires, for the purposes of these Terms: (a) headings of sections are for convenience only and will not be used to limit or construe such sections; (b) whenever the words “include,” “includes” or “including” are used in these Terms, they are deemed to be followed by the words “without limitation”; and (c) the use of “or” is not intended to be exclusive.
- These Terms contain the entire agreement between you and TigerSwap, and supersede all prior and contemporaneous understandings between the parties with respect to the TigerSwap DeFi platforms, Play to earn games & TigerSwap ecosystem.
- In the event of any conflict between these Terms and any other agreement you may have with us, these Terms will control unless such other agreement specifically identifies these Terms and declares that such other agreement supersedes these Terms.
- You agree that, except as otherwise expressly provided in this Agreement, there is no third-party beneficiaries to the Agreement other than the Indemnified Parties.
These terms constitute the entire agreement between you and us with respect to the subject matter hereof. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms.
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