(Last updated: May 26th, 2022) skyeStake (PTY) ltd. and/or its affiliates (“SkyeStake”, “we” or “us”) operate an online service (“SkyeStake.com”) located at www.skyestake.com from which you may purchase products and services (“SkyeStake Products”).
These Terms of Use apply to the content and functionality of the SkyeStake.com, and to the skyeStake.com Products.
You may give us information about yourself when you visit the skyeStake.com. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important information. You authorize us to send those messages when you visit the SkyeStake.com platform and provide your contact details. Standard text or data charges may apply to text messages. Where offered, you may disable text message notifications by responding to any such message with “STOP”, or by following instructions provided in the message. However, by disabling text messaging, you may be disabling important security controls and may increase the risk of loss to your services.
As between you and skyeStake, skyeStake and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the QuickNode.com (collectively, “SkyeStake IP”). SkyeStake IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in SkyeStake IP not expressly granted to you in these Terms of Use are reserved.
You may choose to or we may invite you to submit comments or ideas about improvements to the SkyeStake or our products or services (“Ideas”). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that skyeStake has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.
SkyeStake grants you a limited, revocable, non-exclusive, non-transferable license to access the SkyeStake.com. This license does not include a right to use any of the content and information. Your permissions and/or licenses are automatically terminated by any unauthorized use.
Details of the products and services available for purchase from skyeStake(“skyeStake Products”) are set out in the website (www.QuickNode.com). All features, content, specifications, products and prices of products and services described or depicted in SkyeStake are subject to change at any time without notice. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services in SkyeStake.com at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the delivery of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Included Responses and Definitions: Included Responses are any responses produced from making a request to the node using HTTP or Websocket endpoints. Only responses with http return status 200 are counted.
a. Subscription terms. We may offer you the ability to purchase subscriptions via SkyeStake.com. Terms specific to a subscription will be disclosed to you at or prior to the time at which you purchase the subscription, and by purchasing the subscription you are agreeing to those terms.
c. Cancellation. Your cancellation rights, and the mechanism via which you may notify us of your decision to cancel, will be disclosed to you at or prior to the time at which you purchase a subscription.
We may require that you create an account to access SkyeStake.com, including to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.
Unless we tell you otherwise, you will only be entitled to a refund if we provide you with a service that does not match the product description of the service that you purchased. If that occurs, your exclusive remedy is to contact us for a refund. To begin the return process, please contact us.
We provide QuickNode.com, skyeStake IP and QuickNode.com Products “as is” and “as available”, without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, non-infringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by SkyeStake or obtained by you from or through the SkyeStake.com – whether from SkyeStake or another entity, and whether oral or written – creates or implies any warranty from skyeStake to you.
SkyeStake disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the SkyeStake.com; (b) that the skyestake.com Products will meet your specific needs or requirements; (c) that the SkyeStake.com will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that skyeStake will correct any defects or errors in the skyeStake.com; or (e) that the SkyeStake.com is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through the SkyeStake.com is done at your own risk – you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.
Nothing in these Terms of Use operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.
Under no circumstances will SkyeStake be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use SkyeStake.com or for the unavailability of SkyeStake.com, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of SkyeStake.com, even if such damages are foreseeable, and whether or not you or SkyeStake has been advised of the possibility of such damages. SkyeStake is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of SkyeStake.com or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. skyeStake further denies responsibility for all liability and damages to you or others caused by (a) your access or use of SkyeStake.com inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with SkyeStake.com; (c) any bugs, viruses, or other harmful code that may be transmitted to or through skyeStake.com; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.
You agree to limit any additional liability not disclaimed or denied by SkyeStake in relation to SkyeStake.com, SkyeStake IP, and skyeStake.com Products, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to SkyeStake during the three-month period immediately preceding the event that gave rise to your claim for damages, and USD $20.
These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.
a. Binding Arbitration: In the event that there is a dispute, claim or controversy arising out of or relating to statutory or common law claims, the breach, termination, enforcement, interpretation or validity of any provision of these Terms of Use, and the determination of the scope or applicability of your agreement to arbitrate any dispute, claim or controversy originating from these Terms of Use, but specifically excluding any dispute principally related to either party’s intellectual property.
b. Service of Process: Each party hereby irrevocably and unconditionally consents to service of process through personal service at their corporate headquarters, registered address, or primary address (for individuals or sole proprietors). Nothing in these Terms of Use will affect the right of any party to serve process in any other manner permitted by law.
c. Class Waiver: To the fullest extent permitted by law, each of the parties agrees that any dispute arising out of or in connection with these Terms of Use, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action.
d. Provision of an Award: Subject to the limitations of liability identified in these Terms of Use, the appointed arbitrators may award monetary damages and any other remedies allowed by the law. In making a determination, the arbitrator will not have the authority to modify any term or provision of this Agreement.
e. Fees: Each party will advance one-half of the fees and expenses of the arbitrators, the costs of the attendance of the arbitration reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms of Use, the arbitrators will award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with those aspects of its claims or defenses on which it prevails, and any opposing awards of costs and legal fees awards will be offset.
f. Confidentiality: The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except (i) as may be necessary to prepare for or conduct the arbitration hearing on the merits, (ii) in connection with a court application as contemplated above for a preliminary remedy, or confirmation of an Award or its enforcement, (iii) our disclosure of the Award in confidential settlement negotiations, or (iv) as otherwise required by applicable laws. The parties, witnesses, and arbitrator will treat as confidential and will not disclose to any third person (other than witnesses or experts) any documentary or other evidence produced in any arbitration hereunder, except as required by law or except if such evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.
g. Conflict of Rules: In the case of a conflict between the provisions of this Section 11 and the rules governing arbitration identified in Section 11.a, the provisions of this Section 11 will prevail. If any provision of these Terms of Use to arbitrate is held invalid or unenforceable, it will be so held to the minimum extent required by law and all the other provisions will remain valid and enforceable.
By using QuickNode.com, you agree that the laws of the Republic of south Africa, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and skyeStake.
We have the right to change or add to the terms of these Terms of Use at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of skyeStake.com by posting such changes on our website or any other website we maintain or own. You can access a copy of the current version of these Terms of Use on our website at any time. You can find out when these Terms of Use were last changed by checking the “Last updated” date at the top of the page.
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