Last updated: 01 April 2023
Welcome, and thank you for your interest in Venera Swap and our website to https://veneraswap.com, a website-hosted user interface (the "Platform") provided by Binance Smart Chain ("Binance Smart Chain", "we", "our", or "us"). The Platform provides access to a decentralized protocol on the Binance Smart Chain that allows users to trade certain digital assets. The Platform is one, but not the exclusive, means of accessing Venera Swap.
This Terms of Use Agreement (the "Agreement") is a legally binding agreement between you and us regarding the use of the Platform. This Agreement explains the terms and conditions by which you may access and use the Platform. You must read this Agreement carefully. By accessing or using the Platform, you acknowledge that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access and you don’t have our permission to use the Platform.
IMPORTANT: Please read this Agreement carefully as it governs your use of the Platform. This Agreement contains important information. The Platform is only available to you — and you should only access the Platform — if you agree completely with these terms.
ELIGIBILITY
To access or use the Platform, 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/or of any legal entity, organization, or company for which you may access or use the Platform and that you have the authority enter in this Agreement. You further represent and warrant to us that your use of the Platform is in compliance with any and all applicable laws and regulations and that you will not access or use the Platform to conduct, promote, or otherwise facilitate any illegal activity.
AMENDMENT OF THIS AGREEMENT
We reserve the right, in our sole discretion, to periodically modify this Agreement. If we make any amendments, 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://veneraswap.com/terms. All modifications will be effective when they are posted, and your continued accessing or use of the Platform will serve as confirmation of your acceptance of those modifications. It is your responsibility to review the most recent version of this Agreement and remain informed of any changes. If you do not agree with any amendments to this Agreement, you must immediately stop accessing and using the Platform.
ADDITIONAL RIGHTS
We reserve the following rights, which do not constitute obligations of ours: (a) with or without notice to you, to modify or discontinue, temporarily or permanently, substitute, eliminate or add to the Platform; (b) with or without notice to you, to review, modify, filter, disable, delete and remove any and all content and information from the Platform; and (c) with or without notice to you, 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.
LIMITED LICENSE
Subject to this Agreement, we are granting you a limited, revocable license to access and use the Platform solely for non-commercial purposes to learn more about Venera Swap and its services.
PRIVACY
Please note that when you use the Platform, you are interacting with the Binance Smart Chain blockchain, which provides transparency into your transactions. Binance Smart Chain does not control and is not responsible for any information you make public on the Binance Smart Chain blockchain by taking actions through the Platform.
FORBIDDEN ACTIVITIES
You agree not to engage in, or attempt to engage in, any of the following categories of forbidden activity in relation to your access and use of the Platform:
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.
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 international law, rule, or regulation or another relevant jurisdiction, including (but not limited to) the restrictions and regulatory requirements imposed by international law.
NO INVESTMENT OR FINANCIAL ADVICE
You agree and understand that all trades you submit through the Platform are considered unsolicited, which means that you have not received any investment advice from us in connection with any trades, and that we do not conduct a suitability review of any trades you submit.
All information provided by the Platform 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 the 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.
NO WARRANTIES
The Platform 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 the Platform is at your own risk. We do not represent or warrant that access to the Platform will be continuous, uninterrupted, timely, or secure; that the information contained in the Platform will be accurate, reliable, complete, or current; or that the Platform 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 the Platform. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Platform.
NON-CUSTODIAL AND NO FIDUCIARY DUTIES
The Platform 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.
COMPLIANCE OBLIGATIONS
By accessing or using the Platform, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you.
ASSUMPTIONS OF RISKS
By accessing and using the Platform, 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.
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 Binance Smart Chain 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 Venera Swap, you may suffer loss due to the fluctuation of prices of tokens in a trading pair or liquidity pool, and 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 Platform, and cannot be held liable for any resulting losses that you experience while accessing or using the Platform. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Platform.
RELEASE OF CLAIMS
You expressly agree that you assume all risks in connection with your access and use of the Platform and your interaction with the Binance Smart Chain. 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 Platform and your interaction with the BSC blockchain.
INDEMNITY
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 the Platform; (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 Platform with your assistance or using any device or account that you own or control.
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 Platform, nor will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Interface 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 the Interface; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Platform; (f) errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the Platform; 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 the Platform. 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. Accordingly, some of the disclaimers and limitations set forth in this Agreement may not apply to you. This limitation of liability shall apply to the fullest extent permitted by law.
DISPUTE RESOLUTION
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 legal@veneraswap.com so that we can attempt to resolve it without resorting to formal dispute resolution.
ENTIRE AGREEMENT
These terms constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral represen