Please read these Terms of Service before using daifoundation.org and oasisdex.com websites (the "Websites").
Last revised: 8 March 2021
These Terms of Service are entered into by and between you and the Dai Fonden ("Dai Foundation", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, this "Terms"), govern your access to and use of any content, functionality and services, including mobile applications, web applications, decentralized applications, smart contracts and API, offered on or through the Websites.
If you do not agree to these Terms, you must not access or use the Websites.
Dai Foundation is a Danish independent and non-profit foundation which was established in order to safeguard certain intangible assets that underlie the open-source and decentralized MakerDAO software system, such as copyrights, trademarks, or domain names (the "MakerDAO Intangible Assets"), and to ensure that the MakerDAO Intangible Assets are used solely in line with the principles laid down in the Dai Foundation's foundational statutes. As a Danish foundation, the Dai Foundation is under mandatory supervision by the competent Danish authorities. On the Websites, the Dai Foundation provides certain informational and educational resources which relate to MakerDAO Intangible Assets (the "Services"). You affirm that you are aware and acknowledge that the Dai Foundation does not provide any other services, and in particular does not operate or maintain any trading systems, does not render any financial services, and does not custody any assets on behalf of anyone. The Dai Foundation is fully independent, bound only by its foundational assets and applicable Danish law, and is not related to any other entities, persons, or projects operating within the broader open MakerDAO and blockchain ecosystem.
This Website is available to users who are 13 years of age or older. The Websites are not intended for children under 13 years of age. By using these Websites, you represent and warrant that you (i) are 13 years of age or older, (ii) are not barred to use the Websites under any applicable law, and (iii) are using the Websites only for your own personal use. If you do not meet these requirements, you must not access or use the Website.
Your continued use of the Websites following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. You waive any right you may have to receive specific notice of such changes or modifications.
We reserve the right to withdraw, modify, discontinue or amend this Websites, and any service or material we provide on the Website, in our sole discretion without notice. We do not guarantee that the Websites or any content on it, will always be available or be interrupted. We will not be liable if for any reason all or any part of the Websites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or the entire Websites, to users.
The Websites and its entire contents (including MakerDAO Intangible Assets), features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Dai Foundation, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Some of the MakerDAO Intangible Assets may be offered under an open source license that we will make available to you. If that is the case, a license notice is made available to you in a relevant software repository or part of the Websites.
The Dai Foundation name, the names MakerDAO, Dai, Maker, OasisDEX, Oasis Protocol, the Maker and Dai logotypes and all related names, logos, product and service names, designs and slogans are trademarks of the Dai Foundation. You must not use such marks without the prior written permission of the Dai Foundation. All other names, logos, product and service names, designs and slogans on this Websites are the trademarks of their respective owners. Please refer to our Trademark Policy for details.
You may use the Websites only for lawful purposes and in accordance with these Terms. You agree not to use the Websites:
Additionally, you agree not to:
By interacting with the Websites or utilizing any of its contents in any way, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you have an understanding of the usage and intricacies of native cryptographic tokens, like Ether (ETH), smart contract based tokens such as those that follow the Ethereum Token Standard (https://github.com/ethereum/EIPs/issues/20), and blockchain-based software systems.
The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Websites includes content provided by third parties, or links to such content. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Dai Foundation, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Dai Foundation. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on these Websites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
If the Websites contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We reserve the right to withdraw linking permission without notice.
The owner of the Websites is based in Denmark. We make no claims that the Websites or any of its content is accessible or appropriate outside of Denmark. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside Denmark, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT.
YOUR USE OF THE WEBSITES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE DAI FOUNDATION NOR ANY PERSON ASSOCIATED WITH THE DAI FOUNDATION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE DAI FOUNDATION NOR ANYONE ASSOCIATED WITH THE DAI FOUNDATION REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE DAI FOUNDATION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF WARRANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN THEIR ENTIRETIES, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL THE DAI FOUNDATION, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW WHICH MAY INCLUDE FRAUD.
To the fullest extent permitted by law and notwithstanding any other provision of this Agreement or any other agreement contemplated herein or applicable provisions of law or equity or otherwise, you and the Dai Foundation hereby agree to eliminate any and all fiduciary duties the Dai Foundation may have to you.
You agree to defend, indemnify and hold harmless the Dai Foundation, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Websites, including, but not limited to, any use of the Websites' content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Websites.
All matters relating to the Websites and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the applicable laws of Denmark without giving effect to any choice or conflict of law provision or rule (whether of Denmark or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Websites shall be instituted exclusively in Danish Courts although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
No waiver of by the Dai Foundation of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Dai Foundation to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
These Websites are operated by the Dai Foundation. All other feedback, comments, requests for technical support and other communications relating to the Websites should be directed to: [email protected]