Terms v.2 (November 22, 2023)

Introduction

These terms and conditions ("Terms") apply to your ("You" or “User”) access and use of the website https://deficollective.org, and any associated content or feature, including the Collective’s social media channels ("Website"), offered by non-profit association DeFi Collective, Dammstrasse 16, 6300 Zug ("Collective" or “We”).

Please read these Terms carefully when accessing or using the Website. Each time You do access or use the Website, You irrevocably agree to be bound by the most current version of these Terms, as indicated above. If You do not agree to these Terms, as amended from time to time, You may not access or use the Website.

Scope

Informational content only

The Website does not contain any service offering, such as an agency, consultancy, advisory, purchase or similar offering. Rather, You understand and acknowledge that this Website is strictly for informational purposes only, and this Website is not tailored to the specific needs of any individual, entity, organization or other group. In particular, nothing contained on the Website (for the avoidance of doubt, also nothing contained or shares on the Collective’s social media channels) should be understood as:

  • Any kind of financial/investment or other tax, legal, cyber security, etc., advice.
  • Any kind of financial endorsement of any particular project, token, token holding strategy, etc. The Collective makes no forward looking statements with regard to the future or expected value of any project or token.
  • Any kind of recommendation or offer to participate in any project or purchase any token.
  • Any intention to create any fiduciary relationship or duties between the Collective and You or any third party.

You furthermore understand and acknowledge that DeFi technology in particular, and smart contracts, blockchains, cryptographic tokens, and related systems and software in general, are nascent, highly experimental, risky, and subject to constant change. The Collective aims to further the public understanding of these technologies, but is not here to give You advice. You are solely responsible for any of Your use of such technologies, and we strongly recommend anyone to thoroughly understand the risk associated with the use of these technologies before engaging with them. Do your own research.

Supporting the Collective

The Website outlines a number of possibilities how You can support the Collective, including through donations and other ways of contributions.

  • Donations: Any donations made by You to the account grantsfortheants.eth (0xDc6f869d2D34E4aee3E89A51f2Af6D54F0F7f690), on any of the supported chains: Ethereum Mainnet, Arbitrum, Base, Optimism, Polygon-POS and Polygon-zkEVM, are subject to our Donation Terms. The Collective and You may enter into a separate agreement governing your donation and/or other support, in which case (unless specifically agreed otherwise) such separate agreement prevails.

  • Contributions: There are numerous ways in which You can directly support and participate in the Collective beyond donations as laid out above. The further details of Your contributions, including the scope and mode of collaboration, potential remuneration, etc., may be defined in a separate agreement between You and the Collective.

Collective social media channels

The Collective maintains a number of social media channels, including Discord, Twitter (X), LinkedIn, and Youtube.

By accessing and participating in these channels, both You and the Collective agree to treat each other and other users in an ethical, fair and open manner. This includes crediting others for their work, acknowledging each other’s contributions, not stealing, cheating, rugging or similar, not doxxing, disclosing any actual or potential economic and other conflicts of interest, being transparent, being open to the views and ideas of others, and, in general, being respectful, mindful and acting in line with the Collective’s mission and vision (as further outlined on the Website).

The Collective’s social media channels are a place dedicated to share ideas and initiatives that help advance the decentralization of financial infrastructure. Do not share any content or ideas that You do not wish to be heard, acknowledged, further shared, acted and improved upon. Do not share any content that is illegal or infringing and only share content that You have the legal right to share (this includes compliance with any intellectual property laws).

You understand and agree that the Collective may, at any time and in its sole discretion, restrict Your access to the Collective’s social media channels if You do not comply with the above. Additional terms and conditions of the respective social media channel may apply.

Eligibility

By accessing or using the Website, You represent and warrant that You are of legal age and are capable of entering into legally binding agreements in Your respective jurisdiction, and that You are not otherwise prohibited from accessing or using the Website.

Prohibited use

You may access or use the Website only for lawful purposes and in accordance with these Terms. You specifically agree to not use the Website:

  • In any way that violates, or could (assist in) violate (violating), any applicable domestic, foreign, or international law, statute, ordinance, or regulation, or any sanctions programs administered in any relevant country or in any way which would involve proceeds of any unlawful activity.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate the Collective, a specific (board) member, contributor or similar of the Collective, another user, or any other person or entity.
  • To cause the Website to work other than as intended.
  • To take any action that may be reasonably construed as fraud, deceit, or manipulation.
  • To damage the reputation of the Collective.
  • To promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • To introduce any tool, device, or service that could disable, overburden, damage or interfere with any other user’s access or use of the Website, or to introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the Website.

Disclaimer, liability and indemnity

You expressly understand and agree that You use the Website at Your own risk. The Website is provided ‘as is’ and ‘as available’ and the Collective makes no and expressly disclaims all representations and warranties, express or implied, with respect to the Website. This particularly includes all representations or warranties of title, noninfringement, merchantability, usage, security, suitability, availability, or fitness for a particular purpose, or as to the absence of any defects in the Website. The Collective does not represent or warrant that the Website and any related information are accurate, complete, reliable, current, or error-free. The Collective further disclaims all representations and warranties regarding any third party technology, including all blockchain infrastructure and protocols, which may be used by You.

To the maximum extent permitted under applicable law, the Collective is not liable to You or any other user for damages, including any general, special, incidental or consequential damages arising out of the use, in connection with the use or inability to use the Website. The Collective cannot be held liable for any inaccuracy or incompleteness of any information or content of the Website, or the incompatibility of such information with any specific objectives that You or another User are hoping to achieve. Again, do your own research.

You agree to indemnify and hold the Collective harmless 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 any breach of these Terms or any law or regulation by You, Your affiliates, Your employees or any other persons acting Your behalf or Your violation of the rights of a third party.

Limited license to use and IP rights

The Collective grants You a limited, non-exclusive, non-sublicensable, at any time revocable, and non-commercial license, subject to these Terms and any other agreement You may enter into with the Collective, to access and use the Website solely for the approved purposes as communicated by the Collective. Any other use of the Website is expressly prohibited. The Collective may, at any time, revoke this limited license.

Other than the above, both You and the Collective retain all rights, titles and interests to their own intellectual property, including copyrights, trademarks, designs, domains names, know-how, trade secrets, data, and other intangible property rights ("IP rights"). In particular, You acknowledge and agree that the Collective does not grant You any rights or license to the Website and its content except for the limited license laid out above. You agree not to modify, reverse engineer, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Website or its content, in whole or in part.

Miscellaneous

Privacy: The Collective is committed to protecting Your personal information and helping You understand exactly how Your personal information is being used. Please refer to our Privacy Policy for more details.

Entire Agreement: These Terms constitutes the entire agreement between the Collective and You relating to the use of the Website, and supersedes all prior agreements. The Collective may enter into additional agreements with You relating to other subject matters.

Changes to Terms and modification of Website: The Collective may, from time to time and in its sole discretion, change these Terms without prior notice. Additionally, the Collective may modify, suspend or discontinue the Website or any of its content without prior notice, for any reason whatsoever.

Links: The Website may contain third party content or links to third party websites. The Collective does not assume any responsibility for and does not make any warranties or representations as to any third party content or websites, including but not limited to the accuracy, subject matter, quality, or timeliness.

No Assignment: You may not assign any of its rights, obligations, or claims under these Terms without the previous consent of the Collective. 

Severability: If any provision of these Terms (in whole or part) is held to be illegal, invalid or otherwise unenforceable, the other provisions will remain in full force and effect. 

Governing Law & Jurisdiction: These Terms, and all claims or causes of action that may be based upon, arise out of or relate to these Terms shall be governed by and construed in accordance Swiss substantive laws, excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The ordinary courts at the seat of the Collective have exclusive jurisdiction for all disputes arising from or in connection with these Terms.

If You have any questions, concerns or suggestions, please contact the Collective at hello@deficollective.org.