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Terms Of Service

Last updated: Feb 24th, 2022

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

BY ACCESSING OR USING AVASCAN.INFO SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE.

These Terms of Service and any terms expressly incorporated herein (“Terms”) apply to your access to and use of all services (“Services”) provided by the Explorer Avascan.info (“Explorer”).

1. ELIGIBILITY

You represent and warrant that you: (a) have not previously been suspended or removed from using the Services of the Explorer; (b) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.

If you are using the Services on behalf of a legal entity, you further represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (ii) you are duly authorized by such legal entity to act on its behalf.

2. DISCONTINUANCE OF SERVICES

The Explorer may, in its sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of its Services.

3. ASSUMPTION OF RISK

You acknowledge and agree that there are risks associated with utilizing an Internet-based service including, but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction.

You acknowledge and agree that the Explorer will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused. The Explorer takes no responsibility for and will not be liable for any losses, damages or claims arising from the use of its Services, including, but not limited to, any losses, damages or claims arising from:

  1. server failure or data loss,
  2. incorrectly constructed transactions or mistyped Avalanche C-Chain addresses; or
  3. unauthorized access to mobile applications,
  4. "phishing," viruses, third-party attacks or any other unauthorized third-party activities.

4. THIRD-PARTY SERVICES AND CONTENT

In using the Services of the Explorer, you may view content or utilize services provided by third parties, including links to web pages and services of such parties (“Third-Party Content”).

The Explorer does not control, endorse or adopt any Third-Party Content and will have no responsibility for Third-Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction.

In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. The Explorer is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.

5. ACCEPTABLE USE

When accessing or using the Services, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using the Services of the Explorer. You must not:

  • Use the Services of the Explorer in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services of the Explorer, or that could damage, disable, overburden or impair the functioning of the Services of the Explorer in any manner;
  • Use the Services of the Explorer to pay for, support or otherwise engage in any illegal activities, including, but not limited to illegal gambling, fraud, money-laundering, or terrorist activities;
  • Use any robot, spider, crawler, scraper or other automated means or interface not provided by the Explorer to access the Services of the Explorer or to extract data;
  • Engage in Automated Data Collection (scraping) unless such Automated Data Collection is confined solely to search indexing for display on the Internet;
  • Attempt to circumvent any content filtering techniques the Explorer employs, or attempts to access any service or area of the Services of the Explorer that you are not authorized to access;
  • Introduce to the Services any virus, trojan worms, logic bombs or other harmful material;
  • Develop any third-party applications that interact with the Services of the Explorer without its prior consent;
  • Provide false, inaccurate, or misleading information; and
  • Encourage or induce any third party to engage in any of the activities prohibited under this Section.

6. USER-GENERATED CONTENT

6.1. Responsibility for User-Generated Content - You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. The Explorer is not responsible for any public display or misuse of your User-Generated Content. The Explorer has the right (though not the obligation) to refuse or remove any User-Generated Content that, in its sole discretion, violates any Avascan terms or policies.

6.2. Ownership of Content & Right to Post - If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.

6.3. License Grant to the Explorer - The Explorer needs the legal right to do things like host Your Content, publish it, and share it. You grant the Explorer and its legal successors the right to store, parse, and display your content, and make incidental copies as necessary to render the Website and provide the service.

6.4. Moral Rights - You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against the Explorer, to enable the Explorer to reasonably exercise the rights granted in Section 7.3.

6.5. To the extent this agreement is not enforceable by applicable law, you grant Avascan the rights the Explorer needs to use your content without attribution and to make reasonable adaptations of your content as necessary to render the Website and provide the service.

7. COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated by the Explorer, all copyright and other intellectual property rights in all content and other materials contained on its website or provided in connection with the Services, including, without limitation, the Explorer or Explorer logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Explorer Materials”) are the proprietary property of the Explorer or its licensors or suppliers.

Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Avascan with appropriate and specific direction to the original content.

8. TRADEMARKS

“Avascan” the Explorer logo, and any other Explorer product or service names, logos or slogans that may appear on the Services of the Explorer are trademarks of the Explorer and may not be copied, imitated or used, in whole or in part, without its prior written permission.

You will not use any trademark, product or service name of the Explorer without its prior written permission, including without limitation any metatags or other “hidden text” utilizing any trademark, product or service name of the Explorer. In addition, the look and feel of the Services of the Explorer, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Explorer and may not be copied, imitated or used, in whole or in part, without its prior written permission.

All other trademarks, registered trademarks, product names and company names or logos mentioned through the Services of the Explorer are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by the Explorer.

9. SUSPENSION; TERMINATION

In the event of any Force Majeure Event, breach of these Terms, or any other event that would make provision of the Services commercially unreasonable for Avascan, the Explorer may, in its discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of the Services of the Explorer.

The Explorer may terminate your access to the Services in its sole discretion, immediately and without prior notice, without liability to you, including, for instance, in the event that you breach any term of these Terms.

10. PRIVACY POLICY

Please see our detailed Privacy Policy

11. DISCLAIMER OF WARRANTIES

  • TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY THE EXPLORER, ITS SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. THE EXPLORER EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES OF THE EXPLORER, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
  • YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH THE SERVICES OF THE EXPLORER MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE THE SERVICES OF THE EXPLORER. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH THE SERVICES OF THE EXPLORER.

12. LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL AVASCAN AND ITS STAFF MEMBERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE ITS SERVICES OR THE EXPLORER MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM AVASCAN, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE EXPLORER’S RECORDS, PROGRAMS OR SERVICES.

13. INDEMNITY

You agree to defend, indemnify and hold harmless Avascan (and each of its staff members) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to:

  1. your use of, or conduct in connection with, the Services of the Explorer;
  2. any Feedback you provide;
  3. your violation of these Terms; or
  4. your violation of any rights of any other person or entity.

14. MISCELLANEOUS

14.1. Entire Agreement; Order of Precedence. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Avascan for the Services or for any other Explorer product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with Avascan, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.

14.2. Amendment. The Explorer reserves the right to make changes or modifications to these Terms from time to time, in its sole discretion. Amended Terms will become effective immediately on the date they are posted to the Services unless the Explorer states otherwise via its notice of such amended Terms. Any amended Terms will apply prospectively to use of the Services after such changes become effective. Your continued use of the Services following the effective date of such changes will constitute your acceptance of such changes. If you do not agree to any amended Terms, you must discontinue using the Services.

14.3. Waiver. Its failure or delay in exercising any right, power or privilege under these Terms will not operate as a waiver thereof.

14.4. Severability. The invalidity or unenforceability of any of these Terms will not affect the validity or enforceability of any other of these Terms, all of which will remain in full force and effect.

14.5. Force Majeure Events. Avascan will not be liable for any loss or damage arising from any event beyond Avascan’s reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction (each, a “Force Majeure Event”).

14.6. Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Avascan, including by operation of law or in connection with any change of control. Avascan may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.