Terms of Use
Please read these terms carefully and keep a copy of them for your reference.
Please refer to our Privacy Policy, available at https://www.sns.id/privacy-policy, for information about how we collect, use, share and otherwise process information about you.
Last updated: 1/3/2025
- General
- By accessing and using any part of https://www.sns.id (including any subdomains, the “Website”), you have indicated acceptance to be legally bound by these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO NOT USE OR EXIT THIS WEBSITE.
- For the purposes of these Terms of Use, references to “Foundation”, “we”, “us” or “our” shall refer to the Internet Identity Foundation (a Panamanian foundation). We may, from time to time, engage independent subcontractors to operate and/or maintain the Website (“Subcontractors”).
- These Terms of Use govern access to and use of our Website and any services or products provided thereon or by us (“Services”). You must not access or use our Website or any Services except in accordance with the Terms of Use, any applicable laws and any other notices, policies or conditions that we may issue to the public or to you, or update on this Website, from time-to-time.
- These Terms of Use may be updated from time to time. All changes will be published on this page, and your use of this Website and any Services after such changes have been published will indicate your agreement to the modified Terms of Use and all of the changes. As such, you are reminded to check the Website on a regular basis to obtain the most updated version of the Terms of Use.
- In the event of any inconsistency between the provisions in these Terms of Use and any terms and conditions of a separately signed agreement with you to the extent that such agreement authorises you to use our Website, the terms and conditions in such separately signed agreement shall prevail.
- IMPORTANT NOTICE REGARDING ARBITRATION: THE “DISPUTE RESOLUTION” SECTION OF THESE TERMS OF USE CONTAINS AN ARBITRATION CLAUSE THAT REQUIRES DISPUTES TO BE ARBITRATED ON AN INDIVIDUAL BASIS, AND PROHIBITS CLASS ACTION CLAIMS. IT AFFECTS HOW DISPUTES BETWEEN YOU AND THE FOUNDATION ARE RESOLVED. BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
- Eligibility
- This Website is intended only for entities and persons who have reached the age of legal majority and are competent to enter into a legal binding agreement under applicable laws.
- The Website is not intended for use by any person or entity in any jurisdiction or country where such use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
- By accessing or using the Website, you represent to us and the Subcontractors that:
- you are at least 18 years old, or the age of majority in your jurisdiction, whichever higher, and have the full right, power, and authority to enter into and comply with these Terms of Use on behalf of yourself and any company or legal entity for which you may access or use the Website. If you use the Website on behalf of another person or entity, (a) all references to “you” throughout these Terms of Use will include that person or entity, (b) you represent that you are authorised to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us; and
- you are not:
- the subject of sanctions administered or enforced by the United Nations, the European Union, any country in the European Union, the United States of America, or any other country or governmental authority (“Sanctions”);
- a citizen of, located in, resident in, or organised under the laws of, any jurisdiction that has been designated as non-cooperative with international anti-money laundering principles or procedures by an intergovernmental group or organisation, such as the Financial Action Task Force, or subject of Sanctions;
- your access and use of the Website will fully comply with all applicable laws and regulations, and that you will not access or use the Website to conduct, promote, or otherwise facilitate any illegal activity; and
- 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 Solana, cryptographic tokens, and other digital assets such as those following the Solana token standard and the token standards on other blockchains. In particular, you understand that blockchain-based transactions are irreversible and that we have no control over the functioning of the Solana blockchain and associated blockchain networks and we and the Subcontractors shall not be liable for any issues arising therefrom.
- Use of Website
- You must not do or attempt to do anything of the following, or use this Website to do any of the following, without our prior written consent:
- use this Website in any manner that could damage, disable, overburden or impair any service provided or function of via the Website (or the network(s) connected to the Website) or interfere with any other party’s use or enjoyment of any such service or the Website;
- access the Website from a different blockchain address if we have blocked any of your other blockchain addresses from accessing the Website unless you have our written permission first;
- gain unauthorised access to the Website, other accounts, computer systems or networks connected to the Website, or our internal and external servers through hacking, password mining or any other means;
- circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Website and/or the content contained therein;
- obtain or attempt to obtain any materials, content or data through any means not intentionally made available through the Website;
- systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- manipulate any content on the Website by way of hacking, backdoor code insertion, or any other means;
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website;
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
- trick, defraud, or mislead us and other users;
- make improper use of our support services or submit false reports of abuse or misconduct;
- harass, annoy, intimidate, or threaten any of our employees, Subcontractors or agents engaged in providing any portion of the Services to you;
- use any information obtained from the Website in order to harass, abuse, or harm another person;
- decompile, reverse engineer or disassemble our Website;
- use the Website as part of any effort to compete with us or otherwise use the Website and/or the content for any revenue-generating endeavor or commercial enterprise;
- infringe or misappropriate our Intellectual Property Rights (as defined below) or the Intellectual Property Rights of any person;
- modify our Website, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Website;
- use our Website in any manner that could negatively affect or is prejudicial to our reputation, including but not limited to disparaging, tarnishing, distributing hate speech/explicit content or otherwise harming, in our opinion, us, the Website and/or other users of the Website;
- use our Website or services provided for or in connection with money laundering, terrorist financing, or other illicit financial activity, or in any way in connection with the violation of any law or regulation that applies to you or to us;
- use our Website, or services provided by us directly or indirectly, for, on behalf of, or for the benefit of any natural or legal person that is (i) the subject of Sanctions, or (ii) citizen of, located in, resident in, or organised under the laws of, any jurisdiction that has been designated as non-cooperative with international anti-money laundering principles or procedures by an intergovernmental group or organisation, such as the Financial Action Task Force, or subject of Sanctions; or
- use our Website in any manner or for any purpose that is unlawful or prohibited by these Terms of Use or any other notices and conditions that we may issue from time-to-time.
- In these Terms of Use:
- “Intellectual Property” means all technology and intellectual property, regardless of form, including:
- copyrights, published and unpublished works of authorship, including audiovisual works, collective works, computer programs (including source code and object code), compilations, databases, derivative works, user interfaces, graphics, literary works, maskworks, and sound recordings (“Works of Authorship”);
- inventions and discoveries, including articles of manufacture, business methods, compositions of matter, improvements, machines, methods, and processes and new uses for any of the preceding items (“Inventions”);
- text, images, service marks, symbols, devices, designs, trade dress and other designations, and combinations of the preceding items, used to identify or distinguish a business, good, group, product, or service or to indicate a form of certification, including logos, product designs, and product features (“Trademarks”);
- information that is not generally known or readily ascertainable through proper means, whether tangible or intangible, including algorithms, ideas, designs, formulas, know-how, methods, processes, programs, prototypes, systems, and techniques.
- “Intellectual Property Rights” means all rights in, arising out of, or associated with Intellectual Property in any jurisdiction, including:
- rights in, arising out of, or associated with Works of Authorship, including rights in user interfaces, graphics, databases and rights granted under applicable copyright laws;
- rights in, arising out of, or associated with Inventions, including rights granted under applicable patent laws;
- rights in, arising out of, or associated with Trademarks, including rights granted under applicable trademark laws;
- rights in, arising out of, or associated with confidential information, including rights granted under applicable trade secrets laws;
- rights in, arising out of, or associated with a person’s name, voice, signature, photograph, or likeness, including rights of personality, privacy, and publicity (“Personality Rights”);
- rights of attribution and integrity and other moral rights of an author (“Moral Rights”); and
- rights in, arising out of, or associated with domain names.
- Except as otherwise provided or agreed between you and us, the Intellectual Property of our Website, including but not limited to the contents of our Website, text, software, code, scripts, webpages, graphical user interface, photographs, video, graphics or other material, are for your personal and non-commercial use only. The Intellectual Property of our Website shall not be used, modified, reproduced, republished, uploaded, posted, transmitted, performed, licensed or otherwise used or distributed in any way, without our prior permission. Any action as such will be a violation of our, the Subcontractors’ or third parties’ Intellectual Property Rights. To use any parts of the contents of our Website other than for personal and non-commercial use, the user must seek permission from us and/or the relevant third party in writing. The Foundation reserves the right to refuse permission without providing any reasons.
- “SNS” and our logos, our product or service names, our slogans and the look and feel of the Website are trademarks of the Foundation (and/or its subsidiaries or affiliates, as applicable) and may not be copied, imitated or used, in whole or in part, without our prior written permission, which may be obtained by emailing legal@sns.id. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
- The Services are licensed, not sold, to you for use only under the terms of these Terms of Use, subject to your complete and ongoing compliance with the terms and conditions of these Terms of Use. The Foundation hereby grants you a personal, limited, revocable, non-transferable license to access and use the Website solely for your own personal and non-commercial use.
- WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your access to the Website for any reason, you are prohibited from attempting to access the Website under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your access, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
- This Website may from time to time contain hyperlinks to other websites which are not maintained by us or under our control (“Linked Sites”). The Foundation, its employees, directors, agents and/or any of its affiliates or subsidiaries or Subcontractors are not responsible for the contents, accuracy, availability, or functionality of those Linked Sites, including (without limitation) any link contained in a Linked Site or any updates to a Linked Site, and shall not be liable for any damages, loss or any other consequences arising from access to those Linked Sites. Use of the hyper-links and access to such Linked Sites are entirely at your own risk.
- Hyperlinks to Linked Sites are provided as a convenience to the user. In no circumstances shall the Foundation or its Subcontractors be considered to be associated or affiliated with any trade or service marks, logos, insignia or other devices used or appearing on Linked Sites to which this Website is linked. You are responsible for viewing and abiding by the terms of use or other policies of each Linked Site you access.
- Your linking to, or your framing of this Website or any of the contents constitutes acceptance of these Terms of Use. This is deemed to be the case even after any changes or modifications to these Terms of Use are published. If you do not accept these Terms of Use, you must discontinue linking to, or framing of this Website or any of the contents therein.
- Under no circumstances shall the Foundation, its employees, directors, agents and/or any of its affiliates or subsidiaries or its Subcontractors be considered to be associated or affiliated with any trade marks, logos, insignia or other devices used or appearing on Websites that link to this Website or any of the contents.
- Use of the Website, Protocol and Services
- The decentralised, open source, blockchain-based naming protocol known as the Solana Name Service (the “Protocol”) maintains a registry of domains and subdomains based on the Solana blockchain through a series of smart contracts deployed on the Solana blockchain. Users may, through interacting with the Protocol, search such registry, register domains and subdomains and manage their registered names. The Website is not the exclusive means of accessing the Protocol. You are responsible for conducting your own diligence on interfaces enabling you to access the Protocol to understand the fees and risks that they present.
- IMPORTANT DISCLAIMER: By accessing or using the Protocol or Services whether via the Website or otherwise, you hereby forbear to sue the Foundation (including for the avoidance of doubt the Subcontractors), its employees, directors, agents and/or any of its affiliates or subsidiaries for any losses, damages or costs incurred or which may be incurred by you as a result of use of the Website and/or Protocol. You expressly acknowledge that no developer or entity involved in creating and deploying the Protocol will be liable for any claims or damages whatsoever associated with your use, inability to use, or your interaction with other users of, the Protocol, including without limitation any direct, indirect, special, incidental, exemplary or consequential damages, or loss of profits, business or goodwill, digital assets, or anything else of value and hereby release the Foundation, the Subcontractors, each of its/their employees, directors, agents and/or any of its/their affiliates or subsidiaries from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to the use of the Website and/or Protocol.
- You must not use our Website in any of the manners set out in Section 3.a. above, which shall apply mutatis mutandis to use of our Website.
- You understand that anyone can register and own a domain name (and its subdomains) that is not already registered on the registry maintained by the Protocol. You further understand that names registered on the registry maintained by the Protocol may expire and you are responsible for monitoring and renewing (if applicable) the registration of such names. As mentioned in Section 4.b. above, you acknowledge that the Foundation and its Subcontractors are not able to forcibly remove, prevent or otherwise interfere with the ability of any person to register a domain name on the registry operated by the Protocol and, without prejudice to the generality of Section 4.c. and Section 7 herein, you hereby forbear to sue the Foundation, the Subcontractors, each of its/their employees, directors, agents, representatives and/or any of its/their affiliates or subsidiaries, and acknowledge that the Foundation and the Subcontractors will not be liable for any claims or damages whatsoever associated with your use, inability to use any domain names subject of registration, or to be registered, on the registry maintained by the Protocol.
- You agree that the Website and/or Protocol 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. These Terms of Use are not intended to, and do 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 foregone. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms of Use.
- Rewards. In your use of the Website, the Protocol, and/or the Services, you may be attributed certain reputation indicators, points, or other intangible rewards (“Rewards”). Rewards are not, and may never convert to, accrue to, be used as basis to calculate, or become any other tokens or virtual assets or distribution thereof. Rewards are virtual items with no monetary value. Rewards do not constitute any currency or property of any type and are not redeemable, refundable, or eligible for any fiat or virtual currency or anything else of value. Rewards are not transferable between users, and you may not attempt to sell, trade, or transfer any Rewards, or obtain any manner of credit using any Rewards. Any attempt to sell, trade, or transfer any Rewards or tokens redeemable for or representing any Rewards will be null and void.
- You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems such as Solana are variable and may increase dramatically at any time.
- The Website may contain references or links to third-party resources, including (but not limited to) information, materials, products, or services, that we do not own or control. In addition, third parties may offer promotions related to your access and use of the Website. We do not endorse or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that these Terms of Use do not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotions.
- Interactions with Other Users on the Services. You are responsible for your interactions with other users on or through the Website, the Protocol, and/or the Services. While we reserve the right to monitor interactions between users, we are not obligated to do so, and we cannot be held liable for your interactions with other users, or for any user's actions or inactions. If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.
- Except as otherwise provided or agreed between you and us, the Intellectual Property of our Website, including but not limited to the contents of our Website, text, software, code, scripts, webpages, graphical user interface, photographs, video, graphics or other material, are for your personal and non-commercial use only. The Intellectual Property of our Website shall not be used, modified, reproduced, republished, uploaded, posted, transmitted, performed, licensed or otherwise used or distributed in any way, without the prior permission of the Foundation. Any action as such will be a violation of the Foundation’s, its Subcontractors’ or third parties’ Intellectual Property Rights. To use any parts of the contents of our Website other than for personal and non-commercial use, the user must seek permission from us and/or the relevant third party in writing. The Foundation reserves the right to refuse permission without providing any reasons.
- In connection with your use of the Website, the Protocol, and/or Services, you may be able to post, upload, or submit content to be made available through the Services ("Your Content"). In order to operate the Service, we must obtain from you certain license rights in Your Content so that actions we take in operating the Service are not considered legal violations. Accordingly, by using the Service and uploading Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) Your Content but solely as required to be able to operate, improve and provide the Services. You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations. As part of the foregoing license grant you agree that the other users of the Services shall have the right to comment on and/or tag Your Content and/or to use, publish, display, modify or include a copy of Your Content as part of their own use of the Services; except that the foregoing shall not apply to any of Your Content that you post privately for non-public display on the Services. To the fullest extent permitted by applicable law, the Company reserves the right, and has absolute discretion, to remove, screen, edit, or delete any of Your Content at any time, for any reason, and without notice. By posting or submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.
- We may require you to enter into separate written agreements with us to use our Website. In such an event, the Terms of Use are to be read together with such written agreements but the written agreements will prevail in the event of any express conflict or inconsistency.
- Management of the Website
We reserve the right, but not the obligation, to: (1) monitor the Website for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, notice, or liability, to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (4) otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website.
- Indemnification
You hereby agree to defend, indemnify, and hold harmless the Foundation, our subsidiaries and affiliates, officers, and employees, and our Subcontractors and partners and their employees, directors, agents, and representatives, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your access to or use of the Website, the Protocol or the Services; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in this Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) any overt harmful act toward any other user of the Website with whom you connected via the Website; or (6) any breach of, or failure to comply with, applicable law; or (7) Your Content. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate fully, at your expense, with our defense or settlement of such claims.
- Modifications
We reserve the right to modify our Website or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Website at any time. We are not responsible for any loss or harm related to your inability to access or use our Website.
- Disclaimers; Assumption of Risk
- Your access to and use of our Website and Services is at your own risk. Our Website and the contents and Services provided on or via our Website are provided on an “as-is” and “as-available” basis without warranties or representations of any kind. The Foundation and its Subcontractors do not warrant or represent and disclaim any warranty or representation, whether implied, express or statutory and including (without limitation):
- any warranty or representation as to the accuracy, correctness, reliability, timeliness, non-infringement, title, merchantability or fitness for any particular purpose of any contents or functions on our Website;
- any warranty or representation that the contents and services available on or through our Website will be uninterrupted or error-free, or that any defects will be corrected; or
- any warranty or representation that the Website and the servers are and will be free of all viruses or other harmful or destructive elements; and
- any warranty or representation that certain product / company names or material displayed on the Website may be Intellectual Property belonging to third parties. The Foundation does not warrant or represent that if you use such material you will not infringe the legal rights of these third parties.
- You understand and acknowledge that cryptography is a progressing field with advances in code cracking and other technical advancements, which may present risks to your digital assets and the Services, and could result in the theft or loss of your digital assets. We do not make any binding commitment or guarantee or otherwise ensure full security of the Services. We cannot guarantee that the Website, Protocol or the Services will not become the victim of unauthorised access. To the extent this occurs, your funds may be lost or locked.
- By using the Website, the Protocol and/or the Services, you represent that you have sufficient knowledge and experience in business and financial matters, including a sufficient understanding of blockchain or cryptographic tokens and technologies and other digital assets, storage mechanisms, blockchain-based software systems, and blockchain technology, to be able to assess and evaluate the risks and benefits of the Services contemplated hereunder, and will bear the risks thereof, including loss of all amounts paid, and the risk that the tokens may have little or no value. You acknowledge and agree that there are risks associated with purchasing and holding cryptocurrency, using blockchain technology and staking cryptocurrency. These include, but are not limited to, risk of losing access to cryptocurrency due to slashing, loss of private key(s), custodial error or purchaser error, risk of mining or blockchain attacks, risk of hacking and security weaknesses, risk of unfavourable regulatory intervention in one or more jurisdictions, risk related to token taxation, risk of personal information disclosure, risk of uninsured losses, volatility risks, and unanticipated risks. You acknowledge that cryptocurrencies are not (i) deposits of or guaranteed by a bank (ii) insured by any governmental agency and (iii) that we do not custody and cannot transfer any cryptocurrency or digital assets you may interact with on the Website, the Services or the Protocol.
- There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice. We do not warrant that the Website will be uninterrupted or error free or free of computer viruses, contaminants or other harmful items.
- WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS ON THE WEBSITE (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, PROTOCOL OR SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, PROTOCOL OR SERVICES.
- The Foundation, the Subcontractors, its/their employees, directors, agents, representatives and/or any of its/their affiliates or subsidiaries shall also not be liable for any losses, damages or costs incurred or which may be incurred by you as a result of the use of the Website, Protocol or the Services including (without limitation) any damage or loss suffered as a result of reliance on the contents contained in or available from the Website, Protocol or the Services or any system, server or connection failure, error, interruption or delay in transmission. You expressly acknowledge that the Foundation and the Subcontractors will not be liable for any claims or damages whatsoever associated with your use, inability to use, or your interaction with other users of, the Website, Protocol or the Services, including without limitation any direct, indirect, special, incidental, exemplary or consequential damages, or loss of profits, business or goodwill, digital assets, or anything else of value and hereby release the Foundation, the Subcontractors, its/their employees, directors, agents, representatives and/or any of its or their affiliates or subsidiaries from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to the use of the Website, Protocol or the Services.
- Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, PROTOCOL OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE, PROTOCOL OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR OUR SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- To the fullest extent permitted by applicable laws, the total aggregate liability owing by us or to you arising out of or in connection with these Terms of Use, access to and use of the Website, Protocol and the services shall be capped at no more than two hundred U.S. Dollars (USD 200).
- THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
- Miscellaneous
- New services. We have the right, but will not be obliged to adapt and/or modify our Website or to eliminate existing Services or to introduce new services, functions and/or features (all such adaptations, modifications and/or new services, functions, applications, interfaces and features to be collectively referred to as “New Services”). The terms “service” or "Service" shall include New Services unless otherwise indicated. All New Services shall be governed by these Terms of Use and may be subject to additional terms and conditions (“Additional Terms”) which you shall be required to agree to before you proceed to use such New Services. In the event of any inconsistency between these Terms of Use and the Additional Terms, the Additional Terms shall prevail.
- Force majeure. Notwithstanding any other provision in these Terms of Use, the Foundation and the Subcontractors will not be liable for non-performance, error, interruption or delay in the performance of our obligations, including (without limitation) the operations of the Website or the provision of any services via the Website, if this is due in whole or in part, directly or indirectly to a cause beyond the Foundation’s or its Subcontractors’ reasonable control. Such causes include (without limitation):
- acts of God, including (without limitation) flood, lightning, fire, earthquakes and other natural disasters, including epidemics or pandemics as defined by the World Health Organisation;
- power failure, communications line interruption, technical and computer-related faults and breakdowns, server outage, website vandalism, computer virus invasion or attack, hacker attack, temporary or permanent website closure or shutdown (caused by governmental control or otherwise);
- judgments, legislation, acts, orders, directives, policies, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any court, governmental, parliamentary and/or regulatory authority imposed or to be imposed after the fact; and
- acts or omissions of any third party service providers or suppliers, or a party for whom the Foundation is not responsible.
- Notices. Any notices, demands or other communications, may be deemed served by us by publishing them on this Website or by email or such other methods as prescribed in these Terms of Use from time to time. All such notices, demands or other communications are deemed served on you when:
- published on this Website;
- if by email, when sent to your email address notified to us in writing; such email notice shall be effective on the date and time of transmission by the email server used by us and/or our service provider, unless we receive a non-delivery reply message or any error message indicating that the email was not successfully sent to your mailbox or your mail server or the mailbox of your designated service provider within twenty four (24) hours from the time of transmission of the email from the email server used by us or our service provider; or
- such other method as prescribed in these Terms of Use as amended from time to time.
- Records. You acknowledge and agree that our records of the communications, transactions, instructions or operations made or performed, processed or effected through the Website by: 1. you or any person purporting to be you, acting on your behalf or purportedly acting on your behalf, with or without your consent; and 2. us or any relevant person authorised by us relating to the Website (including the Subcontractors), shall be binding on you for all purposes whatsoever and shall be conclusive evidence of such communications, transactions, instructions or operations. You agree that such records are admissible as evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records merely on the basis that such records were in electronic form or were produced by or are the output of a computer system, and hereby waive any of your rights (if any) to so object.
- Termination or Suspension. We reserve the right to temporarily suspend or permanently disable your access to all or any part of our Website and/or Interface at any time for any reason or no reason, including (without limitation) where we suspect you to be in breach of these Terms of Use, without notice. Sections 1.a, 2.c, 3.b, 4.c, 4.d, 4.h, 5 to 8 and any other right or obligation of the parties in these Terms of Use that, by its nature, should survive termination, expiration or assignment of these Terms of Use, shall survive any expiration, termination or assignment of these Terms of Use.
- Entire Agreement. These Terms of Use and any other documents incorporated herein by reference, constitutes the sole and entire agreement of the parties with respect to the subject matter of the Terms of Use and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
- No Waiver. The rights and remedies of each party shall not be affected by any failure to exercise or delay in exercising any right or remedy or by the giving of any indulgence or by anything whatsoever except a specific waiver or release in writing and any such waiver or release shall not prejudice or affect any other rights or remedies of such party. No single or partial exercise of any right or remedy shall prevent any further or other exercise thereof or the exercise of any other right or remedy.
- Severability of provisions. If any provision or part thereof of these Terms of Use is held to be invalid or unenforceable, such provision or part thereof shall be removed, or modified to the minimum extent necessary to effect our commercial intention, and the remaining provisions shall remain unchanged, valid and enforceable.
- No Third Party Rights. A person who is not a party to these Terms of Use has no right to enforce any terms of these Terms of Use.
- Governing law. These Terms of Use shall be governed by and construed in accordance with the laws of Panama.
- Dispute resolution.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with the Foundation and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
- In the event of a dispute arising out of or in connection with these Terms of Use, the parties to the dispute shall use all reasonable efforts to resolve the dispute amicably.
- If the dispute has not been amicably resolved within thirty (30) days of one party giving written notice of a dispute to the other, any dispute, controversy or claim arising under, out of, in connection with or in relation to these Terms of Use, including any dispute as to its existence, validity, interpretation, performance, breach or termination and any dispute relating to any non-contractual obligations arising out of or in connection with it shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this Clause, and the conduct of the arbitration thereof shall be under the administration of the Singapore International Arbitration Centre. The arbitral tribunal shall consist of one (1) arbitrator. The seat of the arbitration shall be Singapore. The language of the arbitration shall be English. This arbitration agreement shall be governed by the laws of Singapore.
- You agree that any dispute arising out of or related to these Terms of Use or the Website is personal to you 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.
- You expressly agree to waive your rights to a jury trial and to have any other dispute arising out of or related to this Terms of Use and the Website, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court.
- Contact Information
If you have any questions about these Terms of Use, please contact us at contact@sns.id.