Risk disclosure statement and disclaimer
- General introduction
The present risk disclosure statement and disclaimer is intended to provide information, of a different nature, to the respective Users or others, particularly related, directly or indirectly, to the risks associated with the use of the Graphscan.io´s website, hereinafter referred to as "Website", services offered by it, underlying technologies, namely blockchain technology, and the responsibilities assumed, or not, by the entity that owns or manages the Website.
The information included in this risk disclosure statement and disclaimer does not reflect all the risks or liabilities that the Website´s users, hereinafter referred to as “Users”, should consider before accessing or using the Website and/or the services it provides.
The aforementioned information should be read in conjunction with the terms and conditions applicable to the Website and/or related services.
Prior to accessing, using, or interacting on the Website, the User has the duty to, among others, obtain detailed information about the legal, regulatory or other applicable rules, namely related to the technologies underlying the Website and respective services, in particular blockchain technology.
By accessing, using or interacting on the Website, the User declares, for all due legal purposes, that he/she has read and fully understood everything mentioned in this risk disclosure statement and disclaimer, and that he/she accepts it without any reservations.
If the User does not agree or has not understood what is stated in this document, he/she must immediately cease to use or interact on the Website.
The entity owning or managing the Website reserves the right at any time, without giving any reason or prior notice, to change the contents of this risk disclosure statement and disclaimer
It is the User's responsibility to regularly read and review the contents of this risk disclosure statement and disclaimer, namely to ascertain if they have been subject to any changes.
Continued use of the Website and/or respective services after the introduction of changes to this risk disclosure statement and disclaimer, constitutes express acceptance of the changes in question.
The headings contained in the present risk disclosure statement and disclaimer are included for mere convenience of reference and do not affect the interpretation of the respective text.
Expressions defined herein in the plural may be used in the singular and vice versa, without any further alteration to their meaning.
- Corporate purpose and services provided
The Website does not have as its corporate purpose the exercise of banking, financial, credit, investment, brokerage, financial intermediation or other related activities.
The Website does not have as its scope the assignment, total or partial, onerously or gratuitously, of tokens or any other digital asset, nor is it intended to encourage the practice of any of these or similar acts.
The Website only provides the services it offers, namely those referred to in the terms and conditions applicable to it, or related services.
The Website does not provide any other services than those mentioned in the previous paragraph, namely banking, financial, credit, investment, brokerage, financial intermediation or accounting, tax or legal advice or consultancy services
The availability of the Website does not constitute an offer or an invitation for the purchase or investment in any product, namely cryptocurrencies or other digital assets, nor the use of the Website or its services, nor advise, namely financial or tax, the User.
- Access and use requirements
The access, use and interaction on the Website is dependent on the observance of certain legal, regulatory or statutory requirements, of objective or subjective nature, namely those referred to in the following paragraphs
The Website and the services it makes available are only intended for Users who are at least 13 years of age (or such other minimum age at which they can give their consent to data processing under the laws of their territory), and who are not prevented from using and accessing the Website, or its services, under applicable law. If the User is not yet 18 years old, the User must have an adult's permission to access and use the Website and its services, and such adult must be a parent or legal guardian who is willing to be responsible for the User's use of the Website and its services
The Website is not intended to be used by citizens or residents in one of the following countries: United States of America (U.S.A.), Singapore, Albania, Belarus, Region of Balkans, Burundi, Bosnia, Burma, Central African Republic, Democratic Republic of Congo, Democratic People's Republic of Korea, Côte D'Ivoire, Croatia, Cuba, Herzegovina, Iran, Iraq, Kosovo, Lebanon, Liberia, Libya, Mali, Macedonia, Moldova, Palestine, Serbia, Somalia, Sudan, South Sudan, Syria, Venezuela, Yemen and Zimbabwe.
The Website is also not intended for usage from a location geographically situated in any of the countries indicated in the previous paragraph, even if through the use of VPNs, proxy servers or any other similar method or technology susceptible of manipulating the real location of the User (potential or effective).
The Website is not available for or directed to be used by entities or persons under sanctions of the European Union, the United Nations or the United States of America to access, use and interact on the Website.
It is the sole responsibility of the User to ensure that he/she is not in any of the situations listed in the preceding paragraphs.
The fact that the User is able to access, use or otherwise interact on the Website does not mean that he/she is legitimised to do so.
The User, by accessing, using or interacting on the Website, declares expressly that recognises and accepts the existence of the access and use requirements described above and that guarantees, at his/her own risk, that meets all these requirements.
By using or accessing the Website the User represents and warrants that has the right, authority and capacity to do so and to abide by all the terms and conditions applicable to the Website.
- Local laws
The User is subject to all laws of the province, state, and/or country in which resides and from which accesses the services.
The User is solely responsible for obeying those laws.
It is also the User's sole responsibility to determine at each moment, according to the specific circumstances, whether the use of the Website complies with the legal rules and jurisdiction applicable to him/her.
The User declares and accepts that the owner or manager of the Website is not and cannot be held liable if laws applicable to him/her restrict or prohibit his/her access or use of the Website.
The owner or manager of the Website does not warrant that materials, services or information provided on the Website are appropriate or available for use outside the country in which it is based.
Access, use or interaction on the Website is not permitted from territories where its contents are illegal or unlawful. If the Users access to the Website from locations outside the country where the owner or manager of the Website is based, does so at his/her own risk (User is responsible for compliance with local laws).
If applicable, any taxes due, at any time, by the User for the receipt of economic gains generated, even indirectly, by the services made available through the Website shall be the exclusive responsibility of the User who receives them.
The owner or manager of the Website may not, under any circumstances, be held liable for the payment of any taxes owed by Users for the actual receipt of said economic gains.
- Functioning and operability of the Website and its services
The Website and related services may be subject to technical improvements, experiments or tests in order to provide the best possible experience to the User, among others.
During the use of the Website, errors or technical problems or service difficulties may arise, which may interrupt, suspend, limit or prevent, in whole or in part, its efficient and expected operation.
The owner or manager of the Website undertakes to make every effort to minimise any inconvenience caused, namely by technical errors, in the use of the Website and related services. Nevertheless, the owner or manager of the Website does not guarantee the non-interruption or the non-disturbance of the services offered due to the above-mentioned contingencies.
The owner or manager of the Website cannot, in any circumstance, be held responsible for any damages caused or related to the use or inoperability, total or partial, of the Website and its services, namely direct, indirect, past, present or future, compensatory, consequential or incidental damages, including, without limitation, financial or commercial losses and loss of User-related information.
Malicious individuals, groups or organisations may attempt to interfere, in various ways, with the normal and proper functioning of the Website, including through malware attacks, denial-of-service attacks, coordinated attacks, takedowns and submission of fake transactions (including spoofing) which are likely to affect, inter alia, the operability of the Website and the availability of the services it aims to provide.
With the increasing use of technologies and reliance on IT systems to perform certain functions, the Website and the services it provides are susceptible to operational and information security risks.
In general, cyber incidents may result from deliberate attacks or from unintentional events.
Cyber-attacks include, but are not limited to, gaining unauthorised access to digital systems for the purpose of misappropriating sensitive information, data corruption, or operational disruption. Cyber-attacks can also be carried out in a manner that does not require obtaining unauthorised access, such as causing denial-of-service attacks on infrastructure. Cyber security failures or breaches by third party service providers may have a negative impact on the Website and the services it provides.
The User is responsible for ensuring:
- that the credentials, software, or others that he/she uses to access or interact on the Website or to execute, through it, any operation, and all elements associated with or related to such (e.g. username, password and authentication factors) are kept secure and confidential.
- The security and integrity of any systems (both hardware and software) or services which he/she uses to access the Website and services which it makes available.
- Hacking, tampering and unauthorized access
By accessing or using the Website or the services it provides, the User agrees that the owner or manager of the Website is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Website, services and other pages related to it.
Any attempt to gain unauthorized access to the Website or its systems or other pages, interfere with procedures or performance of the Website or other pages, or deliberately damage or undermine the Website or other pages, is subject to civil and/or criminal prosecution.
Any attempt to participate in any events offered on the Website or other pages by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Website or other pages, will result in active pursuit of civil litigation and/or criminal prosecution.
- Illegal use of names, logos, trademarks, brands and others, associated with the Website or its owner or manager
The names, logos, trademarks, brands or others, related, directly or indirectly, to the Website or its owner or manager, may be used unlawfully by third parties, namely for fictitious transactions and other fraudulent activities.
The owner or manager of the Website does not offer any banking or similar services to natural or legal persons, does not charge commissions, except as expressly provided for in the terms and conditions applicable to the Website and/or its services, nor does it issue certificates or any other documents for the release of funds or otherwise.
The owner or manager of the Website advises natural or legal persons not to contact the promoters of such activities, nor provide banking or digital wallet-related information to anyone claiming to represent the owner or manager of the Website or to have a contractual or other relationship with it.
The owner or manager of the Website cannot, in any circumstance, be held responsible for the unlawful use of its name, logos, trademarks, brands, address or others, namely in schemes aimed at defrauding the public.
Any natural or legal person who receives questionable documentation referring or alleged to come from the owner or manager of the Website should immediately inform the local police authorities or seek advice from the relevant national authorities.
- Possible modifications of the Website and/or the services
The Website and/or the services offered by it may be modified, at any time, as a result of changes to its underlying technology and/or for security reasons, among other factors.
The modification of the Website and/or the services it provides, or the occurrence of a failure in its operation, may result in the loss, in whole or in part, of the User-related information.
The owner or manager of the Website shall under no circumstances be liable for any changes made to the Website and/or its services, or the consequences thereof, including any damages and losses caused as a result of such changes.
- Disclaimer of warranties
The owner or manager of the Website uses reasonable efforts to include accurate and up-to-date information on the Website.
However, the Website´s owner or manager specifically disregards any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed on the Website or other related pages.
The owner or manager of the Website makes no warranties or representations regarding any data, services and/or information provided or made available by any User on the Website, or on any external websites linked to it.
In particular, the owner or manager of the Website does not warrant that said data, service and/or information, is true or accurate, or that it fulfills or serves any particular purpose.
Without limiting the before mentioned, under no circumstances shall the owner or manager of the Website be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of nature, pandemic diseases, war, alien invasions, artificial intelligent world dominations, meteorites impacts, governmental actions, orders of domestic or foreign courts, non-performance of third-parties, or loss of or fluctuations in heat, light, or air conditioning. The Website and all materials, information, products and services related, directly or indirectly, to it are provided "as is" without any express or implied warranty.
The owner or manager of the Website expressly disclaims, to the fullest extent permitted by law, all express, implied and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights.
The owner or manager of the Website disregards any warranties regarding the security, reliability, timeliness and performance of the Website or other related pages.
The owner or manager of the Website disregards, any warranties for any information or advice obtained through the Website or other related pages.
The owner or manager of the Website also disregards any warranties for services or products received through or advertised on the Website or other pages related to it, or received through any links provided by the Website or other parges, as well as, for any information or advice received through any links or any User contributions provided to the Website or other pages.
The User understands and agrees that they download or otherwise obtain material or data through the use of the Website or others pagers is done at his/her own discretion and risk and that the User will be solely responsible for any damages to his/her computer system or loss of data that results from the download of such material or data.
All data disclosed on the Website, directly or indirectly related to it or to Website´s services are the sole responsibility of the User.
The owner or manager of the Website is not responsible for the content or data published by Users, provided it is not illegal or, if illegal, knowledge of it is not required, or for the actions of third parties, or for any damage or virus that may infect the User's computer equipment or other property.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply in all cases. Users may also have other rights that vary from jurisdiction to jurisdiction.
- Limitation of liability
The owner or manager of the Website cannot, in any circumstance, be held responsible for any direct, indirect, past, present or future, special, compensatory, consequential, exceptional or incidental damages, including without limitation, financial or commercial losses, loss of profits, loss of any User-related information resulting from:
- The use or inability to use the services in question.
- The cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained, or messages received through or from the respective services.
- Statements or conduct of anyone in connection with the services. or
- Any other matter relating to the Website or to the services provided through it.
- Personal data
The entity that owns or manages the Website, for reasons related, namely, to the functionalities of the Website or the way in which its third party partners provide their services, may process personal data, of various kinds, depending on how Users interact with the Website or use the services it is able to provide, such as name, last name, username, telephone number, e-mail address, mailing address, facial photograph, data related to professional qualifications, digital wallet or information (e.g. digital wallet address), Internet protocol (IP) address, User settings, MAC address, mobile carrier, mobile advertising and other unique identifiers, device information, browser information, operating system information, location information (including approximate location derived from IP address), access/login information, button clicks and page views.
The processing of the Users' personal data, if and when applicable, is carried out for the following purposes, among others:
- Registration on the Website.
- Facilitate account creation.
- Authentication on the Website.
- Access to and interaction on the Website.
- Carry out Graphscan.io´s business regular activities related to the services.
- Use of the services that the Website provides.
- Provide access to certain areas, functionalities and features of the Website's services, including permitting other Users to search for a particular User, within the relevant service, by, inter alia, Ethereum address, username or face picture
- To enable the tracking and analysis of data related, directly or indirectly, to the protocol called "The Graph protocol".
- To allow the design and deploy of subgraphs, namely in the scope of the Subgraph Studio service, made available by the Website.
- To enable browsing on-chain network activity and participation in GRT-related activities, such as delegating and curating, within the Graph Explorer service, which the Website provides.
- Improve the Website and its services.
- To personalize the website experience.
- To respond to questions posed by Users of the Website or others, namely through social networks or other means or channels of communication such as telegram, twitter, discord, riot, “live chats”.
- To manage complaints, compliments and incidents.
- To allow or facilitate transactions, including the processing of payments.
- To send written notices, warnings, disclosures and announcements, by e-mail and/or by other electronic communications, in order to advertise or promote a particular Website´s product or service.
- To send invitations, by e-mail and/or by other electronic communications, in order to allow registration and participation in Graphscan.io´s events.
- To disseminate external communications.
- To verify the conditions considered necessary to fill a job vacancy, within the scope of recruitment processes.
- To pursue other legitimate interests.
- To comply with legal obligations.
The entity that owns or manages the Website will not intentionally disclose any of User´s personal data or information (including, but not limited to, information obtained by the Website´s cookies, information regarding User´s telegram id, first name, last name, username, and User´s discord id) to third parties without the User's consent, except where that entity, in good faith, believes such disclosure is necessary, namely, to comply with the law or other contractual provisions of the Website or to make the services available to the User.
In case the entity that owns or manages the Website provides any personal data to a third-party service provider for processing data on behalf of the Website, it will ensure that the data processor provides sufficient guarantees to implement appropriate technical and organizational measures in such a manner that processing will meet the requirements of data protection and ensure the protection of the rights of the data subject.
The processor shall not engage another processor without prior or general written authorisation of Website´s owner or manager and the processing shall be governed by a contract that sets out the subject-manner and duration of the processing, the nature and purpose of the processing, the type of personal data and categories of data subject and the obligations and rights of the entity that owns or manages the Website.
Personal data may be collected through technologies such as cookies (small text file that is placed on your hard drive from a web page) or similar, in order to, among others, provide the best possible experience to the User, improve the Website and its services, store preferences and settings and assist in accessing and using the Website and the services it provides.
The User is free to manage the cookies, using the tools that make it possible. However, if the User chooses to disable certain cookies, particularly those that are strictly necessary, he/she may be prevented from using or accessing the Website or services it provides, in whole or in part.
The Website may contain: electronic images, commonly known as web beacons or single-pixel gifs, with the aim of helping to deliver cookies on the Website and to count Users visiting the Website. Notices or communications to be sent to the User may also contain web beacons that enable he/she to determine whether and when to open them and how to do so. Web beacons related to the Website may be made available on web pages belonging to or under the management of third parties, for analytical or statistical purposes. The Website or the services it provides may also contain web beacons or similar technologies from third-party analytics providers (e.g. Cloudflare and Google Analytics) that assist in compiling aggregate statistics on the effectiveness of campaigns or other operations promoted by the Website. These technologies allow the analytics providers to set or read their own cookies or other identifiers on User´s device, through which they can collect information about User´s online activities.
The Website may collect additional analytical information for the purposes of recording and storing User actions (e.g., transitions, clicks, changes in subscriptions), authorization facts, service usage intervals, and other analytics based on User activity and data made available within the services.