RISK FACTORS & DISCLAIMERS. You should carefully consider and evaluate each of the following risk factors and all other information contained in these Terms before deciding to use any of the Services. To the best of our knowledge and belief, the risk factors which are material to you in making an informed judgement to use the Services have been set out below. RISKS RELATING TO THE KYBERSWAP PLATFORM We may experience system failures, unplanned interruptions in our network or services, hardware or software defects, security breaches or other causes that could adversely affect our infrastructure network, and/or the KyberSwap Platform We are unable to anticipate when there would be occurrences of hacks, cyber-attacks, mining attacks (including but not limited to double-spend attacks, majority mining power attacks and “selfish- mining” attacks), distributed denials of service or errors, vulnerabilities or defects in the KyberSwap Platform, the Supported Tokens, the User Address, the User Account, the Kyber Protocol Smart Contract Address, the Kyber Protocol Smart Contract, or any technology (including but not limited to smart contract technology) on which we, the KyberSwap Platform, the Supported Tokens, the User Address, the User Account, the Kyber Protocol Smart Contract Address, the Kyber Protocol Smart Contract, relies or on the Ethereum blockchain or any other blockchain associated with the Supported Tokens. Such events may include, for example, flaws in programming or source code leading to exploitation or abuse thereof. We may not be able to detect such hacks, mining attacks (including but not limited to double- spend attacks, majority mining power attacks and “selfish-mining” attacks), cyber- attacks, distributed denials of service errors vulnerabilities or defects in a timely manner and may not have sufficient resources to efficiently cope with multiple service incidents happening simultaneously or in rapid succession. Our Services could be disrupted by numerous events, including natural disasters, equipment breakdown, network connectivity downtime, power losses, or even intentional disruptions of our services, such as disruptions caused by software viruses or attacks by unauthorised users, some of which are beyond our control. Although we have taken steps to guard against malicious attacks on our appliances and infrastructure, which are critical for the maintenance of the KyberSwap Platform and the Services, there can be no assurance that cyber-attacks, such as distributed denials of service, will not be attempted in the future, and that any of our enhanced security measures will be effective. We may be prone to attacks on our infrastructure intended to steal information about technology, financial data or user information or take other actions that would be damaging to us and Users. Any significant breach of our security measures or other disruptions resulting in a compromise of the usability, stability and security of our network or Services (including the KyberSwap Platform) may adversely affect the public confidence in our network or Services. We are dependent in part on the location and data centre facilities of third-parties Our infrastructure network is in part established on servers which are owned or housed at the location facilities of third-parties, and/or servers that it rents at data centre facilities of third-parties. If we are unable to maintain such network on commercially reasonable terms or at all, we may be required to transfer our services to a new data centre facility and may incur significant costs and possible service interruption in connection with the relocation. These facilities are also vulnerable to damage or interruption from, among others, natural disasters, arson, terrorist attacks, power losses, and telecommunication failures. Additionally, the third-party providers of such facilities may suffer a breach of security as a result of third-party action, employee error, malfeasance or otherwise, and a third-party may obtain unauthorised access to the data in such servers. As techniques used to obtain unauthorised access to, or to sabotage systems change frequently and generally are not recognised until launched against a target, the KyberSwap Affiliate and the providers of such facilities may be unable to anticipate these techniques or to implement adequate preventive measures. Legality of the Services and/or Supported Tokens may be subject to clarification, implementation or change The Applicable Laws in relation to the Services and/or the Supported Tokens in various jurisdictions may be uncertain and/or subject to clarification, implementation or change. In the event of such clarification, implementation or change, the availability of the Services and/or the Supported Tokens (in connection with the Services) may be adversely affected, including but not limited to the suspension or deactivation of the Services and/or the availability of the Supported Tokens (in connection with the Services). We may also have to take measures to comply with such regulations, or have to deal with queries, notices, requests or enforcement actions by regulatory authorities, which may come at a substantial cost and may also require substantial modifications to the KyberSwap Platform. This may impact the appeal of the KyberSwap Platform for users and result in decreased usage of the KyberSwapPlatform. Further, should the costs (financial or otherwise) of complying with such newly implemented regulations exceed a certain threshold, maintaining the KyberSwap Platform may no longer be commercially viable and we may opt to suspend or deactivate the Services. Further, it is difficult to predict how or whether governments or regulatory authorities may clarify, implement or change any Applicable Laws affecting distributed ledger technology and its applications, including the Services. We may also have to cease operations in a jurisdiction that makes it illegal to operate in such jurisdiction or make it commercially unviable or undesirable to obtain the necessary regulatory approval(s) to operate in such jurisdiction. Certain parts of our work and processes may risk being disrupted by new technologies that may emerge New technologies may emerge and have a disruptive effect on certain parts of our work and processes. In particular, blockchain technology is rapidly developing and evolving, and technological advancements may render certain or all parts of our work and processes obsolete and ineffective. This may have an adverse effect on the demand for the Services, the Indicated Spot Exchange Rate of Supported Tokens, and the availability of Supported Tokens from Counterparty User(s). Negative publicity may materially and adversely affect the Indicated Spot Exchange Rate and/or availability of Supported Tokens Negative publicity involving XxxxxXxxx Affiliate, the KyberSwap Platform, or any of the key personnel of a KyberSwap Affiliate may materially and adversely affect the market perception of KyberSwap, whether or not such negative publicity is justified. This may have an adverse effect on the demand for the Services, the Indicated Spot Exchange Rate of Supported Tokens, and the availability of Supported Tokens from Counterparty User(s).
Appears in 3 contracts
Samples: Terms and Conditions, Terms and Conditions, files.kyberswap.com
RISK FACTORS & DISCLAIMERS. You should carefully consider and evaluate each of the following risk factors and all other information contained in these Terms before deciding to use any of the Services. To the best of our knowledge and belief, the risk factors which are material to you in making an informed judgement to use the Services have been set out below. RISKS RELATING TO THE KYBERSWAP WHALESTREET PLATFORM We may experience system failures, unplanned interruptions in our network or services, hardware or software defects, security breaches or other causes that could adversely affect our infrastructure network, and/or the KyberSwap WhaleStreet Platform We are unable to anticipate when there would be occurrences of hacks, cyber-attacks, mining attacks (including but not limited to double-spend attacks, majority mining power attacks and “selfish- selfish-mining” attacks), distributed denials of service or errors, vulnerabilities or defects in the KyberSwap WhaleStreet Platform, the Supported Tokens, the User Address, the User Account, the Kyber WhaleStreet Protocol Smart Contract Address, the Kyber WhaleStreet Protocol Smart Contract, or any technology (including but not limited to smart contract technology) on which we, the KyberSwap WhaleStreet Platform, the Supported Tokens, the User Address, the User Account, the Kyber WhaleStreet Protocol Smart Contract Address, the Kyber WhaleStreet Protocol Smart Contract, relies or on the Ethereum blockchain or any other blockchain associated with the Supported Tokens. Such events may include, for example, flaws in programming or source code leading to exploitation or abuse thereof. We may not be able to detect such hacks, mining attacks (including but not limited to double- spend attacks, majority mining power attacks and “selfish-mining” attacks), cyber- attacks, distributed denials of service errors vulnerabilities or defects in a timely manner and may not have sufficient resources to efficiently cope with multiple service incidents happening simultaneously or in rapid succession. Our Services could be disrupted by numerous events, including natural disasters, equipment breakdown, network connectivity downtime, power losses, or even intentional disruptions of our services, such as disruptions caused by software viruses or attacks by unauthorised users, some of which are beyond our control. Although we have taken steps to guard against malicious attacks on our appliances and infrastructure, which are critical for the maintenance of the KyberSwap WhaleStreet Platform and the Services, there can be no assurance that cyber-attacks, such as distributed denials of service, will not be attempted in the future, and that any of our enhanced security measures will be effective. We may be prone to attacks on our infrastructure intended to steal information about technology, financial data or user information or take other actions that would be damaging to us and Users. Any significant breach of our security measures or other disruptions resulting in a compromise of the usability, stability and security of our network or Services (including the KyberSwap WhaleStreet Platform) may adversely affect the public confidence in our network or Services. We are dependent in part on the location and data centre facilities of third-parties Our infrastructure network is in part established on servers which are owned or housed at the location facilities of third-parties, and/or servers that it rents at data centre facilities of third-third- parties. If we are unable to maintain such network on commercially reasonable terms or at all, we may be required to transfer our services to a new data centre facility and may incur significant costs and possible service interruption in connection with the relocation. These facilities are also vulnerable to damage or interruption from, among others, natural disasters, arson, terrorist attacks, power losses, and telecommunication failures. Additionally, the third-party providers of such facilities may suffer a breach of security as a result of third-party action, employee error, malfeasance or otherwise, and a third-party may obtain unauthorised access to the data in such servers. As techniques used to obtain unauthorised access to, or to sabotage systems change frequently and generally are not recognised until launched against a target, the KyberSwap WhaleStreet Affiliate and the providers of such facilities may be unable to anticipate these techniques or to implement adequate preventive measures. Legality of the Services and/or Supported Tokens may be subject to clarification, implementation or change The Applicable Laws in relation to the Services and/or the Supported Tokens in various jurisdictions may be uncertain and/or subject to clarification, implementation or change. In the event of such clarification, implementation or change, the availability of the Services and/or the Supported Tokens (in connection with the Services) may be adversely affected, including but not limited to the suspension or deactivation of the Services and/or the availability of the Supported Tokens (in connection with the Services). We may also have to take measures to comply with such regulations, or have to deal with queries, notices, requests or enforcement actions by regulatory authorities, which may come at a substantial cost and may also require substantial modifications to the KyberSwap WhaleStreet Platform. This may impact the appeal of the KyberSwap WhaleStreet Platform for users and result in decreased usage of the KyberSwapPlatformWhaleStreet Platform. Further, should the costs (financial or otherwise) of complying with such newly implemented regulations exceed a certain threshold, maintaining the KyberSwap WhaleStreet Platform may no longer be commercially viable and we may opt to suspend or deactivate the Services. Further, it is difficult to predict how or whether governments or regulatory authorities may clarify, implement or change any Applicable Laws affecting distributed ledger technology and its applications, including the Services. We may also have to cease operations in a jurisdiction that makes it illegal to operate in such jurisdiction or make it commercially unviable or undesirable to obtain the necessary regulatory approval(s) to operate in such jurisdiction. Certain parts of our work and processes may risk being disrupted by new technologies that may emerge New technologies may emerge and have a disruptive effect on certain parts of our work and processes. In particular, blockchain technology is rapidly developing and evolving, and technological advancements may render certain or all parts of our work and processes obsolete and ineffective. This may have an adverse effect on the demand for the Services, the Indicated Spot Exchange Rate of Supported Tokens, and the availability of Supported Tokens from Counterparty User(s). Negative publicity may materially and adversely affect the Indicated Spot Exchange Rate and/or availability of Supported Tokens Negative publicity involving XxxxxXxxx WhaleStreet Affiliate, the KyberSwap WhaleStreet Platform, or any of the key personnel of a KyberSwap WhaleStreet Affiliate may materially and adversely affect the market perception of KyberSwapWhaleStreet, whether or not such negative publicity is justified. This may have an adverse effect on the demand for the Services, the Indicated Spot Exchange Rate of Supported Tokens, and the availability of Supported Tokens from Counterparty User(s).. The WhaleStreet Platform, User Address, User Account and Supported Tokens are exposed to risk of attacks While we will make every effort to ensure that the Exchange will be securely executed through rigorous security audit of the WhaleStreet Protocol Smart Contract, there is no assurance that the WhaleStreet Platform (including the WhaleStreet Protocol Smart Contract and the WhaleStreet Protocol Smart Contract Address) and/or the User Address and the User Account will not be subject to hacks, mining attacks (including but not limited to double-spend attacks, majority mining power attacks and “selfish-mining” attacks), sophisticated cyber-attacks, distributed denials of service or errors, vulnerabilities or defects on the WhaleStreet Platform or any other blockchain, or otherwise. Such events may occur as a result of, for example, flaws in programming or source code leading to exploitation or abuse thereof. In such event(s), the Services may be disrupted, and the Supported Tokens may even be stolen or diverted to a different address. Unless you specifically obtain private insurance to insure Supported Tokens, you may not have any recourse as a result of such loss of Supported Tokens. There may be unanticipated risks arising from the use of the Services Decentralised cryptographic Token Swaps such as the WhaleStreet Platform are a relatively new and dynamic technology. In addition to the risks included hereto, there are other risks associated with your use of the WhaleStreet Platform, including those that we cannot anticipate. Such risks may further materialise as unanticipated variations or combinations of the risks discussed hereto. GENERAL RISKS RELATING TO TRADING OF CRYPTOGRAPHIC TOKENS There is no assurance of an active or liquid market for Supported Tokens There is no assurance that an active or liquid trading market for Supported Tokens will develop or if developed, be sustained after the Supported Tokens have been made available for trading on the WhaleStreet Platform. The Supported Tokens are generally not a currency issued by any central bank or national, supra-national or quasi-national organisation, nor is it backed by any hard assets or other credit. Trading of Supported Tokens depends on the consensus on its value between the relevant market participants, there is no guarantee as to the liquidity or market price of Supported Tokens to any extent at any time. Accordingly, we cannot ensure that there will be any demand or market for Supported Tokens, or that the Indicated Spot Exchange Rate is indicative of the market price of Supported Tokens The trading price of Supported Tokens may fluctuate The prices of cryptographic tokens in general tend to be relatively volatile, and can fluctuate significantly over short periods of time. The demand for, and correspondingly the market price of, Supported Tokens may fluctuate significantly and rapidly in response to, among others, the following factors:
Appears in 1 contract
Samples: Terms and Conditions
RISK FACTORS & DISCLAIMERS. You should carefully consider and evaluate each of the following risk factors and all other information contained in these Terms before deciding to use any of the Services. To the best of our knowledge and belief, the risk factors which are material to you in making an informed judgement to use the Services have been set out below. RISKS RELATING TO THE KYBERSWAP Scurdex PLATFORM We may experience system failures, unplanned interruptions in our network or services, hardware or software defects, security breaches or other causes that could adversely affect our infrastructure network, and/or the KyberSwap Scurdex Platform We are unable to anticipate when there would be occurrences of hacks, cyber-attacks, mining attacks (including but not limited to double-spend attacks, majority mining power attacks and “selfish- selfish-mining” attacks), distributed denials of service or errors, vulnerabilities or defects in the KyberSwap Scurdex Platform, the Supported Tokens, the User Address, the User Account, the Kyber Protocol Smart Contract Address, the Kyber Protocol Smart Contract, or any technology (including but not limited to smart contract technology) on which we, the KyberSwap Scurdex Platform, the Supported Tokens, the User Address, the User Account, the Kyber Protocol Smart Contract Address, the Kyber Protocol Smart Contract, relies or on the Ethereum blockchain or any other blockchain associated with the Supported Tokens. Such events may include, for example, flaws in programming or source code leading to exploitation or abuse thereof. We may not be able to detect such hacks, mining attacks (including but not limited to double- spend attacks, majority mining power attacks and “selfish-selfish- mining” attacks), cyber- attacks, distributed denials of service errors vulnerabilities or defects in a timely manner and may not have sufficient resources to efficiently cope with multiple service incidents happening simultaneously or in rapid succession. Our Services could be disrupted by numerous events, including natural disasters, equipment breakdown, network connectivity downtime, power losses, or even intentional disruptions of our services, such as disruptions caused by software viruses or attacks by unauthorised users, some of which are beyond our control. Although we have taken steps to guard against malicious attacks on our appliances and infrastructure, which are critical for the maintenance of the KyberSwap Scurdex Platform and the Services, there can be no assurance that cyber-attacks, such as distributed denials of service, will not be attempted in the future, and that any of our enhanced security measures will be effective. We may be prone to attacks on our infrastructure intended to steal information about technology, financial data or user information or take other actions that would be damaging to us and Users. Any significant breach of our security measures or other disruptions resulting in a compromise of the usability, stability and security of our network or Services (including the KyberSwap Scurdex Platform) may adversely affect the public confidence in our network or Services. We are dependent in part on the location and data centre facilities of third-parties Our infrastructure network is in part established on servers which are owned or housed at the location facilities of third-parties, and/or servers that it rents at data centre facilities of third-parties. If we are unable to maintain such network on commercially reasonable terms or at all, we may be required to transfer our services to a new data centre facility and may incur significant costs and possible service interruption in connection with the relocation. These facilities are also vulnerable to damage or interruption from, among others, natural disasters, arson, terrorist attacks, power losses, and telecommunication failures. Additionally, the third-party providers of such facilities may suffer a breach of security as a result of third-party action, employee error, malfeasance or otherwise, and a third-party may obtain unauthorised access to the data in such servers. As techniques used to obtain unauthorised access to, or to sabotage systems change frequently and generally are not recognised until launched against a target, the KyberSwap Scurdex Affiliate and the providers of such facilities may be unable to anticipate these techniques or to implement adequate preventive measures. Legality of the Services and/or Supported Tokens may be subject to clarification, implementation or change The Applicable Laws in relation to the Services and/or the Supported Tokens in various jurisdictions may be uncertain and/or subject to clarification, implementation or change. In the event of such clarification, implementation or change, the availability of the Services and/or the Supported Tokens (in connection with the Services) may be adversely affected, including but not limited to the suspension or deactivation of the Services and/or the availability of the Supported Tokens (in connection with the Services). We may also have to take measures to comply with such regulations, or have to deal with queries, notices, requests or enforcement actions by regulatory authorities, which may come at a substantial cost and may also require substantial modifications to the KyberSwap Scurdex Platform. This may impact the appeal of the KyberSwap Scurdex Platform for users and result in decreased usage of the KyberSwapPlatformScurdexPlatform. Further, should the costs (financial or otherwise) of complying with such newly implemented regulations exceed a certain threshold, maintaining the KyberSwap Scurdex Platform may no longer be commercially viable and we may opt to suspend or deactivate the Services. Further, it is difficult to predict how or whether governments or regulatory authorities may clarify, implement or change any Applicable Laws affecting distributed ledger technology and its applications, including the Services. We may also have to cease operations in a jurisdiction that makes it illegal to operate in such jurisdiction or make it commercially unviable or undesirable to obtain the necessary regulatory approval(s) to operate in such jurisdiction. Certain parts of our work and processes may risk being disrupted by new technologies that may emerge New technologies may emerge and have a disruptive effect on certain parts of our work and processes. In particular, blockchain technology is rapidly developing and evolving, and technological advancements may render certain or all parts of our work and processes obsolete and ineffective. This may have an adverse effect on the demand for the Services, the Indicated Spot Exchange Rate of Supported Tokens, and the availability of Supported Tokens from Counterparty User(s). Negative publicity may materially and adversely affect the Indicated Spot Exchange Rate and/or availability of Supported Tokens Negative publicity involving XxxxxXxxx Xxxxxxx Affiliate, the KyberSwap Scurdex Platform, or any of the key personnel of a KyberSwap Scurdex Affiliate may materially and adversely affect the market perception of KyberSwapScurdex, whether or not such negative publicity is justified. This may have an adverse effect on the demand for the Services, the Indicated Spot Exchange Rate of Supported Tokens, and the availability of Supported Tokens from Counterparty User(s).
Appears in 1 contract
Samples: Terms and Conditions
