Last updated on: 29 March 2023
Your attention is drawn to these terms and conditions and it is crucial that you read them carefully before your use and access of the DAOSURV Services.
1. Acceptance of these terms and conditions
1.1 By clicking “I Agree” you confirm that you accept these terms and conditions (the “Terms”) for the use and access of this site from our home page https://www.daosurv.com/; and https://token.unlocks.app; https://twitter.com/Token_Unlocks; https://t.me/daosurv; Token Unlocks, DAO Alert, and DAOPoll and all other subdomains, associated subscriptions, content and applications (collectively, the “DAOSURV Services”) that are from time to time owned and operated by DAOSURV Pte Ltd (hereinafter referred to as, “DAOSURV”, “we”, “our”, or “us”).
1.2 Each access by you of any of the DAOSURV Services shall mean that you unconditionally agree to comply with the version of the Terms in force at the time of such access. You shall not use and access the DAOSURV Services if you do not agree that these Terms (or any part thereof) shall be applicable as described.
2. Our other terms that may apply to you
These Terms also refer to the following additional terms which are applicable when you agree to use the DAOSURV Services:
(b) When you purchase a Subscription Plan from us, our Service Subscription Agreement shall apply and the terms therein shall govern the relevant orders and subscriptions.
3. We may make changes to these Terms
3.1 We may amend these Terms from time to time without notice to you.
3.2 You may determine if any such amendment has taken place by referring to the date on which these Terms were last updated. Your continued use of the DAOSURV Services constitutes your acknowledgement and acceptance of these Terms as amended from time to time.
4. We may modify, suspend or withdraw our Services
4.1 We reserve the right to update or modify any part of the DAOSURV Services from time to time, and/or suspend or withdraw or restrict the availability of all or any part of the DAOSURV Services at any time without notice to you, at our sole discretion.
5. Proprietary rights
5.1 The materials, programmes and content provided through the DAOSURV Services (the “Content”), are protected by copyright, trademark and other forms of proprietary rights. You agree and accept that DAOSURV owns and asserts ownership of the copyright in the Content, and that we have reserved all Intellectual Property Rights in respect of such Content.
For the purposes of these Terms, “Intellectual Property Rights” shall mean:
(a) all patents, trademarks, service marks, and other marks, logos, get-up, trade and business names, internet domain names, rights in designs (and applications for all the same), copyrights (including rights in computer software), moral rights, database rights, rights in know-how, trade secrets, inventions, discoveries, improvements, designs, techniques, computer programs and other confidential processes and information and know how, in each case whether capable of being registered, registered or unregistered and including applications for registration and all rights or forms of protection having equivalent or similar effect anywhere in the world and rights in the nature of unfair competition rights and rights to sue for passing off;
(b) rights under licences, consents, orders, statutes or otherwise in relation to a right under sub-paragraph (a) above;
(c) rights of the same or similar effect or nature as or to those in sub-paragraphs (a) and (b) which now or in the future may subsist; and
(d) the right to sue for past infringements of any of the foregoing rights.
5.2 We grant you a limited, personal, non-exclusive, non-sub-licensable and non-transferable license to use the Content, the Raw Data and the DAOSURV Services, in each case solely for your personal or non-commercial use. You agree not to use any of the DAOSURV Services, the Raw Data, or the Content for any commercial purpose which is detrimental or otherwise adverse to the business and reputation of DAOSURV (including creating competing services), in which case we reserve full rights to withdraw the license granted to you, without any notice. For the avoidance of doubt, and until further notice and/or amendments to these Terms, where you are obtaining free to access Content from us, you are authorised to reproduce our charts, infographics and presentations (which you may access from our dashboard) on the condition that the DAOSURV logos and watermarks are not modified or removed. Save for the foregoing license, you have no right to alter, modify, edit, copy, distribute, reproduce, publish, display, perform, license (or sub-license), sell, lease, loan, create derivative works of, create any index, reverse engineer, provide access to, or in any way exploit the DAOSURV Services or Content in any manner.
5.3 Unless authorised in accordance with a Subscription Plan, you are not permitted to (i) reproduce and store the raw data contained in the Content or delivered by us to you pursuant to the provision of the DAOSURV Services (the “Raw Data”) for retrieval, analysis, manipulation, or report preparation, for commercial exploitation or provision to third parties for profit (ii) provide and distribute in hard copy, facsimile or electronic format, any trading models, updates to portfolio and customer statements, reports, compilations, presentations and other materials which incorporate, utilize or display all or part of the Raw Data, or any degree of derivations therefrom (iii) retain and store the Raw Data subsequent to the termination of the Terms and the DAOSURV Subscription Agreement (where applicable), in any medium whatsoever (including cloud servers) and/or (iv) create Resultant Data; where for the purposes of these Terms, “Resultant Data” means data or other information obtained from unauthorized calculations, manipulations, analyses and/or other processes performed on the Raw Data or DAOSURV Services.
5.4 All rights not expressly granted to you by these Terms are strictly reserved by DAOSURV, its third party providers and other respective owners, if any.
6. Access to our Services
6.1 You acknowledge and agree that to access and use certain DAOSURV Services, you may be required to register and create a user account or login with certain third party login/your social media account, and in any event additionally shall be bound to strictly comply with any other terms and conditions (where applicable) as well as these Terms;
6.2 You may link your blockchain and/or wallet address with the DAOSURV Services, namely Token Unlocks. Where you subscribe for this feature, we have the right to collect your block chain wallet address, completed transaction information and token identifiers for the purpose of enhancing the features of our DAOSURV Services.
6.3 You shall be solely responsible for keeping your wallet secure. You should never share credentials or seed phrases of your wallet with anyone and we will never ask for this information under any circumstances. You should direct any issues noted with your wallet to your wallet provider. We will not at any time be in control of your wallet.
6.4 Any data or information we collect from you is intended to enhance the features of the DAOSURV Services offered to you.
6.5 You may provide us with feedback about your experience with the Content and the DAOSURV Services and the performance thereof, including but not limited to errors, ideas, suggestions, modifications and the like regarding the Content and the DAOSURV Services (the “Feedback”). We will exercise our discretion as to whether to implement any remedial action or correct any errors following our evaluation of the Feedback. You agree that upon submission of the Feedback, you assign all right, title and interest worldwide in the Feedback and the Intellectual Property Rights therein to us, and where required by us, you will assist DAOSURV in perfecting and enforcing such assignments.
7. Restrictions on use of materials
7.1 Except as otherwise provided, the Content shall not be produced, republished, uploaded, posted, transmitted or otherwise distributed in any way, without our approval.
7.2 You must not use any part of the Content for commercial purposes without obtaining a licence to do so from us or our licensors.
7.3 Without prejudice and in addition to any other restriction contained in these Terms and the DAOSURV Subscription Agreement (where applicable), you agree not to:
(a) hack our servers or network(s);
(b) use or attempt to use another user’s account;
(c) introduce to the DAOSURV Services any data mining, crawling, "scraping", robot or similar automated or data gathering or extraction method, or manually access, acquire, monitor or copy any portion of the DAOSURV Services, or download or store any Content without our prior written consent;
(b) other than expressly allowed by provisions in these Terms, modify, adapt, translate, reverse engineer, decompile, disassemble, copy or otherwise create any derivative works from all or any part of the DAOSURV Services;
(e) attempt a distributed denial of service attack (known as DDOS attack) against our systems and servers;
(f) make excessive requests for information or take any action that interferes with, disrupts or imposes an undue burden on the DAOSURV Services or any server or network connected to the DAOSURV Services, or negatively affects the quality or availability of any Content, or speed or functionality of the DAOSURV Services;
(g) introduce a virus, Trojan horse, worm, or other malware to the DAOSURV Services;
(h) break or attempt to circumvent any encryption, decryption or other security device or technological protection measure contained in the DAOSURV Services;
(i) introduce or otherwise distribute through the DAOSURV Services any computer program that damages or disrupts the integrity or performance of our servers and systems;
(j) send or store material which collects, releases or discloses any system, data or personal and/or proprietary information of ours;
(k) rent, lease, distribute, or resell the DAOSURV Services for the purpose of developing a competitive solution (or contract with a third party to do so);
(l) develop any third-party applications that interact with the DAOSURV Services without our express approval;
(m) transfer, assign, rent, lease, lend, sell or dispose of all or any part of the DAOSURV Services or any compilation derived from the DAOSURV Services or otherwise commercially exploit the DAOSURV Services;
(n) use the DAOSURV Services or Content for any purpose that would contravene any applicable law; and/or
(o) Permit or cause your authorised user(s) (if any), or any other third party to do, or attempt to do any of the foregoing.
7.4 If you fail to comply with these Terms, we may decide at our sole discretion to take any action we deem appropriate without further reference to you, including the following:
(a) suspending your access to the DAOSURV Services;
(b) issuing a warning to you;
(c) commencing legal proceedings against you including where necessary, seeking injunctive relief; or
(d) notifying law enforcement authorities where your acts or omissions may be tantamount to a criminal act.
8. Disclaimer of liability
8.1 We endeavour to keep the Content updated and accurate however, the Content is provided on an “as is” basis without warranties of any kind. To the full extent permitted by law, we do not warrant and expressly disclaim any warranty:
(a) as to the accuracy, correctness, reliability, timeliness, non-infringement, title, merchantability or fitness for any particular purpose of the Contents; and
(b) that the Contents will be uninterrupted or error-free, or that defects will be corrected or that the DAOSURV Services and our servers will be free of all bugs, viruses and/or other harmful elements.
8.2 Nothing in our Content is intended to be, nor meant to constitute in any way, financial, legal or other professional advice, and you should not rely on the Contents as if it were the opinion of such professionals who are qualified to offer such advice.
8.3 While we provide information and data, no part of the DAOSURV Services or Content is intended to endorse, or advise on the sale and purchase of, any tokens or crypto-assets.
8.4 TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, DAOSURV SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING AS A RESULT OF (I) ERRORS, OMISSIONS, OR INACCURACIES OF ANY CONTENT; (II) YOUR USE AND ACCESS OF THE DAOSURV SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN; (IV) ANY OUTAGE, INTERRUPTION OR CESSATION OF TRANSMISSION TO, OR FROM, THE DAOSURV SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE OR THE LIKE THAT MAY BE TRANSMITTED TO, OR THROUGH, THE DAOSURV SERVICES BY ANY THIRD PARTY; AND/OR (VI) YOUR USE AND ACCESS TO, INTERPRETATION OF, OR RELIANCE UPON, ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE DAOSURV SERVICES.
8.5 DAOSURV SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES BASED ON LOSS OF PROFITS, DATA OR BUSINESS OPPORTUNITY), AND WHETHER OR NOT DAOSURV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. You must keep your account details safe
9.1 When you are provided with a unique user identification code, password or any other piece of information as part of our registration and security procedures, you must treat such information which enables you to securely access the DAOSURV Services as confidential and you must not disclose it to any third party.
9.2 We have the right to disable or suspend any of your user account(s), identification code or password, whether chosen by you or allocated by use, at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms.
9.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]
10. We are not responsible for other websites we link to
11. We are not responsible for third party content
You agree that we shall not be responsible or liable for any third party content on our home page or to any other page of the DAOSURV Services or your access or use of any third party content on our home page or to any other page of the DAOSURV Services.
12. Rules about linking to our site
12.1 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
12.2 You must not establish a link to our home page or to any other page of the DAOSURV Services in any website that is not owned by you.
12.3 We reserve the right to withdraw linking permission without prior notice and at our sole discretion. Once we inform you of the revocation you shall forthwith remove all links from your website.
12.4 Your website must not contain any content which is illegal, libellous, seditious, racially or politically motivated, or otherwise inappropriate and inconsistent with the views and corporate values of DAOSURV.
13. When you Upload content
13.1 Whenever you make use of a feature that allows you to upload content to our home page or to any other page of the DAOSURV Services, or to make contact with our other users, you must comply with the content standards which will be made known to all users, and updated from time to time.
13.2 You warrant that any such contribution does comply with our standards, and you will be liable to us and indemnity us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
13.4 When you post or otherwise upload any content onto our home page or any of our DAOSURV Services, you warrant that you are not in violation of any third party’s Intellectual Property Rights.
13.5 We have the right to remove any posting you make on our home page or to any other page of the DAOSURV Services if, in our sole opinion, your posting is offensive or otherwise does not comply with our content standards.
14. Governing law
14.1 These Terms shall be governed and construed in accordance with the laws of Singapore. By your acceptance of these Terms, you agree to submit to the non-exclusive jurisdiction of the Courts of Singapore.
15.1 All provisions containing disclaimers, indemnities as well as exclusion and limitation of our liability contained in these Terms shall survive the termination or expiry of our contractual relationship arising from these Terms as well as any subscription agreement(s) between us.
15.2 A failure by us to exercise or enforce any rights conferred upon us by these Terms shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
15.3 If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these Terms shall not be affected.
15.4 A person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any of these Terms and Conditions, and the application of the Contracts (Rights of Third Parties) Act 2001 is expressly excluded.
15.5 You agree that we can transfer or assign our rights and obligations under these Terms to any person. You may not transfer or assign your rights or obligations under these Terms to anyone else without our prior written consent.
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