Ethplorer Terms of Service
Updated: 8 Oct 2021
Ethplorer is a web tool offering blockchain interaction services provided by Ethplorer.io (“Company”, “we” or “us“). Please read these terms and conditions ("Terms of Service", "TOS") carefully. The website covered by these TOS is ethplorer.io, including but not limited to any integrated with it services. We will refer to the website and services offered through it as the "Ethplorer".
By accessing this website you, users, and/or any entity that you represent (a) agree to be bound by these TOS and (b) are granted permission to use Ethplorer, the integrated wallet service (the “Wallet”), the application programming interface (the "API"), and all related software, content and services accessible on or through the site (combined as the "Service"). We reserve the right to modify these TOS at any time and in our sole discretion. In case of any changes, we will change the date of the last update at the beginning of these TOS. We invite you to check this page regularly for updates.
You represent and warrant that you: (a) are of legal age to form a binding contract; (b) have not previously been suspended or removed from using our Service; and (c) 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 registering to use the Service 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.
You may create an account with Ethplorer, which gives you the right to use the Service, including, but not limited to the Wallet and API. When you create an Account, you agree to: (a) create a strong password that you do not use for any other website or online service; (b) provide accurate and truthful information; (c) maintain and promptly update your user information; (d) maintain the security of your Account by protecting your username, password and restricting access to your computer/device and your Account; (e) promptly notify us if you discover or otherwise suspect any security breaches related to your Account; and (f) take responsibility for all activities that occur under your Account and accept all risks of any authorized or unauthorized access to your Account, to the maximum extent permitted by law. You must retain all user information related to your Account in safe and secure place.
When you create an account with Ethplorer you will automatically create and be able to operate a Wallet to perform a variety of transactions. You will create a “private” key to the wallet, which comes in a variety of forms, depending on the Security level of the Wallet you select. By proceeding with Wallet registration you acknowledge reading this document, understanding its content and accepting security and risk conditions posted there. The Wallet is non-custodial. It means, that by creating the Wallet within the Ethplorer, you do not and will not create a “funding account”. The tokens or coins you sent, store or receive will not be under custody of the Company or Ethplorer. but in your wallet, under your ownership, and located on blockchain. All coins or tokens you operate using the Wallet are outside of Company and Ethplorer controls at all the time. While using the Wallet, private key never leaves your computer or your browser.
Ethplorer does not collect or hold your private keys or information, however we hold the encryption keys that are used to encrypt the private keys located on your side. You are solely responsible for your use of the Service, including without limitation for storing, backing-up, and maintaining the confidentiality of your keys, passwords, and information, and for the security of any transactions you perform using the Site. You expressly relieve and release the Company and Ethplorer from any and all liability and/or loss arising from your use of the Service. If you do not maintain a backup of your Wallet data outside of the Services, you will not be able to access tokens or coins associated with your Wallet.
Ethplorer is not a creator and does not have any control over blockchain, tokens and coins that our Service allows you to use.
API Use and Limitation
The website provides access to servers that deliver functional application Programming Interface (API) services. These services are used at the sole discretion and risk of the User. Ethplorer does not provide any warranty for the data. You hereby acknowledge that Ethplorer accepts no liability for any losses or damages resulting from the use, deployment, instilation, or attempted use of this service or API facilities.
Discontinuance and termination of services
We may, in our 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 the Service. In the event of any Force Majeure Event, breach of these TOS, or any other event that would make provision of the Service commercially unreasonable for Company, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Service. We may terminate your access to the Service in our sole discretion, immediately and without prior notice, and delete or deactivate your Account and all related information and files in such account without liability to you, including, for instance, in the event that you breach any term of these TOS. The following cases fall under exception from immediate and without notice termination in the event of TOS breach by you or the entity you represent. Prior to your Account termination. (a) if you are a Wallet user with an active balance, you will be asked to transfer funds from the wallet to another address(es) and (b) if you are a paid API subscriber, and we terminate the provision of the Service for any reason, you will be issued a refund for the unused portion of the Service.
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, and the risk that third parties may obtain unauthorized access to information stored within your Account and/or Wallet. You acknowledge and agree that Company will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused. Company takes no responsibility for and will not be liable for any losses, damages or claims arising from the use of our Services, including, but not limited to, any losses, damages or claims arising from (a) passwords being "Bruteforced", (b) server failure or data loss, (c) forgotten passwords, (d) corrupted wallet files, (e) incorrectly constructed transactions or mistyped Ethereum addresses; or (f) unauthorized access to mobile applications, (g)"phishing," viruses, third-party attacks or any other unauthorized third-party activities. You agree that any information published on the website is for reference purposes only and is accurate at the time of publication. A large amount of website information is driven by third party sources, all information is accepted in an "as is" state and is not checked for accuracy.
Third-party services and content
In using our Service, you may view content or utilize services provided by third parties, including links to web pages and services of such parties (“Third-Party Content”). We do 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. We are 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.
When accessing or using Ethplorer, 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 our Services. Without limiting the generality of the foregoing, you agree that you will not:
- Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Use our Services 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 us to access our Services or to extract data;
- Use or attempt to use another user’s account without authorization;
- Introduce to the Services any virus, trojan worms, logic bombs or other harmful material;
- Provide false, inaccurate, or misleading information; and
- Encourage or induce any third party to engage in any of the activities prohibited under this Section.
Copyrights and intellectual property rights.
Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on Ethplorer or provided in connection with the Service, including, without limitation, the Company or Company logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Company Materials”) are the proprietary property of Company or our licensors or suppliers and are protected by copyright laws and other intellectual property rights laws. We hereby grant you a limited, nonexclusive and non-sublicensable license to access and use the Company Materials for your personal or internal business use. Such license is subject to these TOS and does not permit (a) any resale of the Company Materials; (b) the distribution, public performance or public display of any Company Materials; (c) modifying or otherwise making any derivative uses of the Company Materials, or any portion thereof; or (d) any use of the Company Materials other than for their intended purposes. The license granted under this Section will automatically terminate if we suspend or terminate your access to the Service
If you are to use Ethplorer services, fully or partially, such as code, API, widgets or any other part of the Service on your own website or app for commercial or non-profit activities, you hereby grant permission and allow us to use your business name and/or trademark in our marketing or advertising.
From time to time Ethplorer operates various email campaigns program, (at all times we refer to these as a Newsletter Program) used to inform subscribers about products and services supplied by this website. Users can subscribe through an online automated process should they wish to do so but do so at their own discretion. Some subscriptions may be manually processed through prior written agreement with the user. Subscriptions are taken in compliance with Spam Law which will vary from state to state and the user should review these. All personal details relating to subscriptions are held securely and in accordance with Data Protection Laws. No personal details are passed on to third parties nor shared with companies / people outside of Ethplorer that operates this website. Under Data Protection Laws you may request a copy of personal information held about you by this website's email newsletter program. A small fee will be payable. If you would like a copy of the information held on you please write to the business address at the bottom of this policy.
Email marketing campaigns published by this website or its owners may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include; the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity [this is by no far a comprehensive list]. This information is used to refine future email campaigns and supply the user with more relevant content based around their activity.
In compliance with Spam Laws and the Privacy and Electronic Communications Laws subscribers are given the opportunity to un-subscribe at any time through an automated system. This process is detailed at the footer of each email campaign. If an automated un-subscription system is unavailable clear instructions on how to un-subscribe will by detailed instead.
At all times our email campaigns are run through third party providers such as Mailchimp. Users are advised to refer to the specific terms and conditions attached to these third party companies. Users can easily remove themselves from any email communication by "unsubscribing" Ethplorer holds no liability as to any damages or losses associated with the use of any third party email service provider. In engaging with Ethplorer or continuing use of the website you hereby expressly accept that Ethplorer holds no such liability
While ever effort has been made to include quality, safe and relevant external links within this website, users are advised adopt a policy of caution before clicking any external web links mentioned throughout this website. (External links are clickable text / banner / image links to other websites). The owners of this website and Ethplorer cannot guarantee or verify the contents of any externally linked website despite their best efforts. Users should therefore note they click on external links at their own risk and this website and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.
Adverts and Sponsored Links
Social Media Platforms
Communication, engagement and actions taken through external social media platforms that this website, Ethplorer, and its owners participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively. Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. This website nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.
This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account. Ethplorer holds responsibility for any and all comments, posts or any other action taken on social media belonging to Ethplorer. Social media can easily be identified as belonging to Ethplorer by the name of the account on the relevant social media platform. Any and all comments and actions made on social media are not intended to cause offense or serve as a defamatory action. Each and every posting will be checked for accuracy.
If you believe your intellectual property rights, personal rights, or any other rights have been infringed by any action on social media you are to notify Ethplorer as soon as possible so that Ethplorer has an opportunity to rectify and/or remove the post.
Shortened Links in Social Media
This website and its owners through their social media platform accounts may share web links to relevant web pages. By default some social media platforms shorten lengthy domains and URL's to third party pages. Users are advised to take caution and good judgement before clicking any shortened urls published on social media platforms by this website and its owners. Despite the best efforts to ensure only genuine urls are published many social media platforms are prone to spam and hacking and therefore this website and its owners cannot be held liable for any damages or implications caused by visiting any shortened links.
“Ethplorer” the Company logo, and any other Company product or service names, logos or slogans that may appear on Ethplorer are trademarks of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. You will not use any trademark, product or service name of Company without our prior written permission, including without limitation any metatags or other “hidden text” utilizing any trademark, product or service name of Company. In addition, the look and feel of our Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned through our Service 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 us.
(a) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, OUR SERVICE is PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. WE 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 OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
(b) YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES 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 OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL COMPANY, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS 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 OUR SERVICES OR THE COMPANY MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM COMPANY, 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 COMPANY’S RECORDS, PROGRAMS OR SERVICES.
You agree to defend, indemnify and hold harmless Company (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to
(a) your use of, or conduct in connection with, our Service;
(b) any Feedback you provide;
(c) your violation of these Terms; or
(d) your violation of any rights of any other person or entity.
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 Company for the Services or for any other Company product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with Company, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
Amendment. We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. Amended Terms will become effective immediately on the date they are posted to the Services unless we state otherwise via our 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 Service.
Waiver. Our failure or delay in exercising any right, power or privilege under these Terms will not operate as a waiver thereof.
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.
Force Majeure Events. Company will not be liable for any loss or damage arising from any event beyond Company’s reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction (each, a “Force Majeure Event”).
Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Company, including by operation of law or in connection with any change of control. Company may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
This website is offered for reference purposes only and does not constitute any investment advice or solicitation for investment. The content displayed on this website is not verified or checked for correctness, and displayed AS IS. The information contained on this website is for the purposes of information related to transaction volume between independent users and does not include the promotional or (company) owning activities which are correlated to calculate the use of any Cryptocurrency or token offering. It is strongly recommended to verify the information displayed on this website with third party sources. Ethplorer accepts no liability for any losses, damages, or other causes of action against them, their staff, agents, or directors claimed or brought by any User connected with the use of this website. The User hereby expressly agrees to this condition.
All token related information provided at the site Ethplorer.io ("Ethplorer") is obtained and transferred from third party sources. This information is presented for convenience and informational purposes only. It should not be considered legal, financial or investment advise. Severability. If any of these terms are invalid or unenforceable, that will not affect the validity or enforceability of any other of these terms, so all of the terms will remain in full force and effect.