Website Terms of Use

Last Updated: February 2023

BY ACCESSING, BROWSING OR USING BNBCHAIN.ORG, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE BINDING ARBITRATION AGREEMENT IN SECTION 17.

Thank you for choosing to visit bnbchain.org (the “Website”). The following terms and conditions of use (the “Terms”) apply to all visitors of the Website (“you”, “your” or“Website User”) and are entered into by and between you and BNB Chain Innovation Limited (“we”, “us” or “BNB Chain Innovation”).

Any additional terms, conditions, licenses, limitations, disclaimers and obligations contained within and on the Website are incorporated into these Terms by reference, including the Privacy Policy.

You should read these Terms carefully as they govern your access and use of the Website and any services, functions, features or content made available on the Website from time to time, including but not limited to DappBay, BTokens, BNB Chain Staking (“Services”).

You understand and agree that the Website is only an interface for the community of users and developers interested in or contributing to the infrastructure, code and development of BNB Chain (the “Community”). BNB Chain is the generic name given to any blockchains that use BNB cryptocurrency as the native token and consists of two public, decentralized and permissionless blockchains; (i) BNB Beacon Chain (previously Binance Chain) and (ii) BNB Smart Chain (BSC) (previously Binance Smart Chain). We do not and cannot control activity and data on the BNB Chain or the activities that Community participants may develop using BNB Chain. Decisions are not made by a single entity, but by the participants of the Community.

You understand and agree that we may amend these Terms at any time at our sole discretion. “Last Updated” section at the beginning of these Terms will reflect the last date when such amendments are made, which shall be effective immediately, unless explicitly stated otherwise. It is your responsibility to check these Terms and remain informed of any amendments as long as you continue accessing or using the Website or any Services.
If you disagree with these Terms or with any subsequent amendments, changes, or updates, you may not use the Website or any of the Services; your only recourse in the case of disagreement is to stop accessing the Website.
In the event of any inconsistency between these Terms and any other pages or policies on the Website, these Terms shall prevail.

1. Interpretation

1.1. Definitions: In these Terms, the following words have the following meanings unless otherwise indicated:
 

• “Affiliates” means BNB Chain Innovation and each and every one of its direct or indirect shareholders, subsidiaries, employees, contractors, agents, directors, officers and partners.
   
• “BNB Chain Innovation” means BNB Chain Innovation.
   
• “BNB Chain” is the generic name given to any blockchains that use BNB as the native token and consists of two public, decentralized and permissionless blockchains; (i) BNB Beacon Chain (previously Binance Chain) and (ii) BNB Smart Chain (BSC) (previously Binance Smart Chain).
   
• “Community” means the community of users and developers interested in or contributing to the infrastructure, code and development of BNB Chain.
   
• “Person” includes an individual, association, partnership, corporation, other body corporate, trust, and any form of legal organization or entity;
   
• “Prohibited Use” has the meaning set out in paragraph 4 of these Terms.
   
• “Restricted Person” means a person or legal entity who is living or residing or who is in a country where access to the Website or any Service is not allowed under local laws.
   
• “Service” means any of the services, functions, features or content made available on or through the Website.
   
• “Website” refers to the website located at bnbchain.org and all content, services, and products provided by BNB Chain Innovation at or through the Website. It also refers to BNB Chain Innovation-owned subdomains of bnbchain.org, such as forum.bnbchain.org or dappbay.bnbchain.org. Occasionally, websites owned by BNB Chain Innovation may provide additional terms of service. If those additional terms conflict with these Terms, the more specific terms apply to the relevant page or service.
   
• “Terms” means these terms and conditions, as they may be changed, amended, or updated from time to time, together with any conditions, licenses, limitations, and obligations contained on the Website or any document incorporated herein by reference.
   
• “you” or “your” means the visitors of the Website.

1.2. Headings: The headings and sub-headings in these Terms are for ease of reference only and are not to be taken into account in the construction or interpretation of any provision or provisions to which they refer.

1.3. Extended Meanings: Unless otherwise specified in these Terms, words importing the singular include the plural and vice versa and words importing gender include all genders.

2. Access to the Website

2.1. You have the right to use the Website and any Services as long as you comply with these Terms. You represent and warrant that:

• you are 13 years of age or older or you have the capacity to contract under applicable law;
   
• you are not a Restricted Person, or that you are not otherwise prohibited by applicable law from using the Website or Services;
   
• you represent and warrant that you will not use the Website if the laws of your country prohibit you from doing so and;
   
• you access or use the Website or Services for your own personal use.

2.2. We may, at any time, modify, suspend, or cancel the Website or Services or any portion of it in our sole discretion, without prior notice, and to block or prevent your future access to the Website or use of the Services.

2.3. Using our Services may require you to connect a wallet. The wallet that you connect to use our Services may be used across BNB Chain ecosystem. Use of Game Center is subject to this Agreement and also requires a Game Center account. Your account is valuable, and you are responsible for maintaining its confidentiality and security. Apple is not responsible for any losses arising from the unauthorized use of your account. Please contact Apple if you suspect that your account has been compromised.

3. Intellectual Property Rights

3.1. The Website and all content on the Website, including any logos, designs, information, data, text, images, links, sounds, graphics, videos, and other materials, and the selection and arrangement thereof, contained therein are property of BNB Chain Innovation, our Affiliates or the property of our licensors or other providers of such material and are protected under the intellectual property or proprietary laws.

3.2. The BNB Chain name, BNB Chain logo and all related names, logos, product and service names, designs and slogans (“BNB Chain Marks”) are trademarks owned by us. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use, copy, or imitate, in whole or in part, any trademark displayed on the Website, without our written permission.

3.3. You cannot create or register any businesses, URLs, domain names, software application names or titles, or social media handles or profiles that include BNB Chain Marks or any confusingly or substantially similar mark, name, title, or work or apply to register, reference, use, copy, and/or claim ownership in BNB Chain Marks in any manner for any purposes, alone or in combination with other letters, punctuation, words, symbols, designs, and/or any creative works, or in any manner that disparages or discredits the BNB Chain Marks.

4. Prohibited Uses

You may not:

4.1. use the Website or any Services in order to further any breach of applicable laws or regulations;

4.2. use the Website or any Services to interfere with or subvert the rights or obligations of BNB Chain Innovation or its Affiliates, or the rights or obligations of any other Website User or any other third party;

4.3. take advantage of any technical glitch, malfunction, failure, delay, default, or security breach on the Website or any Services;

4.4. use the Website or any Services to engage in conduct that is detrimental to BNB Chain Innovation or its Affiliates, or to any other Website user or any other third party;

4.5. reverse-engineer, decompile, or disassemble any close-sourced or proprietary software running on the Website;

4.6. attempt to harm BNB Chain Innovation, any Website User or any third party through your access to the Website or any Services, except that nothing in this subparagraph shall be construed as limiting your free speech rights under applicable law;

4.7. attempt to impersonate another Website User or Person;

4.8. transmit, or procure the sending of any advertising or promotional material without our prior written consent, including any junk mail, chain letter, spam or any other similar solicitation;

4.9. violate these Terms;

4.10. use the Website or any Services, if you are a resident or national of a country where access to the Website or any Service is not allowed under local laws. If you access the Websites, you always do so on your own initiative and are responsible for compliance with local laws;

4.11. “hotlink” any BNB Chain Marks, or any content on the Website on any other websites without our prior written approval.
Any use as described in this paragraph shall constitute a“Prohibited Use”. If we determine that you have engaged in any Prohibited Use, we may address such Prohibited Use at our own discretion.

5. Accuracy of Materials

The materials available on the Website may include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Website, or any websites linked to the Website, are accurate, complete or current and we do not make any commitment to update the material available on the Website.

6. Website User Submissions

6.1. Website Users are solely responsible for all materials that they upload, post, transmit, or otherwise make available on our Website (“Website User Submissions”), including but not limited to any submission made in Build N Build Forum or Dappbay. BNB Chain Innovation is not liable for any claims arising out of Website User Submissions. You warrant that you have all rights needed to make available your Website User Submissions in accordance with these terms and all applicable laws or regulations.

6.2. Submissions on Build N Build Forum (“Forum”): You must comply with the following rules when using Build N Build Forum. We reserve the right to change, redact, and delete content on the Forum for any reason.

• You may not use or try to use another’s account on the Forum.
   
• You may not buy, sell, or otherwise trade in user names or other unique identifiers on the Forum.
   
• You may not send advertisements, chain letters, or other solicitations through the Forum, or use the Forum to gather addresses or other personal data for commercial mailing lists or databases.
   
• You may not automate access to the Forum, or monitor the Forum, such as with a web crawler, browser plug-in or add-on, or other computer programs that are not a web browser. You may crawl the forum to index it for a publicly available search engine, if you run one.
   
• You may not post objectionable, offensive, unlawful, deceptive, inaccurate, or harmful content.
   
• You may not use the forum to send e-mails to distribution lists, newsgroups, or group mail aliases.
   
• You may not falsely imply that you’re affiliated with or endorsed by the company.
   
• You may not hyperlink to images or other non-hypertext content on the forum on other web pages.
   
• You may not remove any marks showing proprietary ownership from materials you download from the Forum.
   
• You may not show any part of the Forum on other websites with <iframe>.
   
• You may not disable, avoid, or circumvent any security or access restrictions of the Forum.
   
• You may not strain the infrastructure of the forum with an unreasonable volume of requests, or requests designed to impose an unreasonable load on information systems underlying the Forum.
   
• You may not impersonate others through the Forum.
   
• You may not encourage or help anyone in violation of these Terms.
   
• You may not submit content to the Forum containing malicious computer code, such as computer viruses or spyware.
   
• You may not submit content to the forum as a mere placeholder, to hold a particular address, user name, or other unique identifiers.
   
• You may not plan or engage in any illegal, fraudulent, or manipulative activity.

6.3. Our Services, including but not limited to dAppbay may allow you to submit or post materials such as comments, ratings or reviews. Your use of such features must comply with the conditions listed above in Article 6.2 and in addition,

• You may not post a dishonest, abusive, harmful, misleading, or bad-faith rating or review, or a rating or review that is irrelevant to the content being reviewed,
   
• You may not post, modify, or remove a rating or review in exchange for any kind of compensation or incentive.

6.4. BNB Chain Innovation may host some online or offline projects, events, workshops or activities through the Website from time to time. BNB Chain Innovation may have license terms or agreements that are specific to such project, event, workshop or activity and may require Website Users to agree to additional terms assigning and/or licensing rights in submissions made during such project, workshop or activity. In case of any conflict between these Terms and those license terms or agreements, such license terms or agreements would take precedence over these Terms. Any project, event, workshop or activity that may be organised by BNB Chain Innovation are solely for the purposes of education, Community communication or exchange of ideas, unless expressly provided otherwise. Any information provided during these projects, events, workshops or activities shall not constitute any investment advice or indication of any kind.

6.5. Any information or material included in Website User Submissions will be deemed not to be confidential.

6.6. You are prohibited from posting or transmitting to or from this Website, including but not limited to any posting or transmission to DAppbay or Build N Build Forum, any content that violates the law, infringes anyone’s intellectual property rights, violates anyone’s privacy, or breaches any agreement you have with others or any, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the applicable laws.

7. Third Party Content and Links

We or other Website Users may provide third party content on the Website and may provide links to external or third-party websites and content that are not owned or controlled by us, including but not limited to any third party advertisements or promotions (collectively the“Third Party Content”) . We do not control, endorse or adopt any Third Party Content and make no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. The inclusion of any Third Party Content does not imply endorsement by BNB Chain Innovation. You acknowledge and agree that we are not responsible or liable in any manner for any Third Party Content and we undertake no responsibility to update or review any Third Party Content. Website Users should access or use any Third Party Content at their own risk. Your interaction with, or participation in promotions of, any third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third parties, regardless of whether you used the Website to establish connection with them in any way whatsoever. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Third Party Content on the Website.

8. No Representations & Warranties

We make no representations, warranties, or guarantees to you of any kind. The Website and the Services are offered strictly on an as-is, as-available basis and, without limiting the generality of the foregoing, are offered without any representation as to merchantability or fitness for any particular purpose. We do not make any representations or warranties that access to the Website or the Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.

You should not rely on the information provided on the Website. Although we intend to provide accurate and timely information on the Website, we do not warrant that the Website will always be entirely accurate, complete, or current and it may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by Applicable Law, be changed or updated from time to time without notice, including without limitation information regarding our policies, agreements, products, and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Website are your sole responsibility and we shall have no liability for any such decisions.

9. No Advice

We do not provide any investment advice or advice on trading techniques, models, algorithms, or any other schemes.

10. Independent Contractor

Each of the parties to these Terms will be operating as an independent contractor. Nothing contained herein or access or usage of the Website or Services will constitute any association, partnership, or joint venture between the parties hereto, or be construed to evidence the intention of the parties to establish any such relationship.

11. Limitation of Liability & Release

BNB Chain Innovation assumes no liability or responsibility for and shall have no liability or responsibility for any claim, application, loss, injury, delay, accident, cost, business interruption costs, or any other expenses (including, without limitation, attorneys’ fees or the costs of any claim or suit), nor for any incidental, direct, indirect, general, special, punitive, exemplary, or consequential damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, or any and all other commercial losses (collectively, referred to herein as “Losses”) directly or indirectly arising out of or related to:

11.1. these Terms;

11.2. the Website, and your use of it;

11.3. BNB Chain, and your use of it;

11.4. the Services, and your use of any of them

11.5. any failure, delay, malfunction, interruption, or decision (including any decision by BNB Chain Innovation to vary or interfere with your rights) by BNB Chain Innovation in operating the Website or providing any Service;

11.6. any offer, representation, suggestion, statement, or claim made about BNB Chain Innovation, the Website, or any Service by any Website User or Community participant.

11.7. You hereby agree to release BNB Chain Innovation or any of its Affiliates from liability for any and all Losses, and you shall indemnify and save and hold BNB Chain Innovation or any of its Affiliates harmless from and against all Losses. The foregoing limitations of liability shall apply whether the alleged liability or Losses are based on contract, negligence, tort, unjust enrichment, strict liability, or any other basis, even if BNB Chain Innovation or any of its Affiliates has been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of any other remedies.

12. No Waiver

Any failure by BNB Chain Innovation to exercise any of its respective rights, powers, or remedies under these Terms, or under the law or any delay by BNB Chain Innovation in doing so, does not constitute a waiver of any such right, power, or remedy. The single or partial exercise of any right, power, or remedy by BNB Chain Innovation does not prevent either from exercising any other rights, powers, or remedies.

13. Force Majeure

Neither party is responsible for any loss or damages caused by delay or failure to perform undertakings under these Terms of Service when the delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state’s enemies; lawful acts of public authorities; computer, server, or Internet malfunctions; security breaches or cyberattacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of third parties; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against.

14. Assignment

These Terms, and any of the rights, duties, and obligations contained herein, are not assignable by you without our prior written consent. These Terms, and any of the rights, duties, and obligations contained herein, are freely assignable by us without notice or your consent. Any attempt by you to assign these Terms without written consent is void.

15. No Class Proceedings

You agree that any claims relating to these Terms or to your relationship with BNB Chain Innovation as a Website User (whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be brought only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. No adjudicator may consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. You further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of BNB Chain Innovation. Any relief awarded to any one Website User cannot and may not affect any other Website Users.

16. Disclaimer

We provide the Website and any Services on an “as is” and “as available” basis. The Website and the Services may be subject to limitations, delays, or other problems inherent to the use of the internet and are not guaranteed to be available or error free at all times.

17. Applicable Law and Jurisdiction

PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION 17 REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION OF ANY AND ALL DISPUTES THAT YOU HAVE AGAINST US ARISING OUT OF OR RELATED TO THESE TERMS OR ANY USE OF THE WEBSiTE OR RELATED SERVICES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

17.1. All matters relating to the Website and any dispute, controversy, difference or claim arising out of or relating to these Terms, including the existence, validity, interpretation or breach thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.

17.2. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be in Hong Kong. Any arbitration will be conducted in the English language.

17.3. The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any nonpublic information provided in the arbitration, and any submissions, orders or awards made in the arbitration shall not be disclosed to third party except the tribunal, the HKIAC, the parties, their counsels, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other persons necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose such confidential information to the extent that disclosure is required to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive termination of these Terms and conclusion or stay of any arbitration brought pursuant to these Terms.

18. Severability

If any provision of these Terms, as amended from time to time, is determined to be invalid, void, or unenforceable, in whole or in part, by any court of competent jurisdiction, such invalidity, voidness, or unenforceability attaches only to such provision and everything else in these Terms continues in full force and effect.

19. Entire Agreement

The Terms and any additional terms, conditions, licenses, limitations, and obligations contained within and on the Website set forth the entire agreement between you and BNB Chain Innovation with respect to the use of the Website and Services. Except for the express statements, agreements and rules set forth in these Terms, you hereby acknowledge and agree that you have not relied upon any other statement or agreement, whether written or oral, with respect to your use and access of the Website and the Services.