Terms & Conditions
Please do not access this Site (as defined below) where such access is prohibited by applicable law. Please carefully read these Terms of Use before using the Site. These Terms (as defined below) apply to any person or entity accessing the Site and by using the Site, you agree to be bound by them. The Terms contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. If you do not want to be bound by these Terms, you should not access the Site. By using the Site in any capacity, you agree that you have read, understood, and agree to be bound by the Terms.
1. Overview
This Terms of Use Agreement (these "Terms") covers the www.goober.wtf website, mobile user-interfaces and all its affiliate websites (collectively, the "Site", including each of its subdomains and web or mobile applications) provided by Goober Limited Company. Goober is a decentralized blockchain project comprised of certain programs (smart contract) deployed on the Solana blockchain networks and related software development kits (collectively, the "Programs"), which allows users to interact with their digital assets (collectively, "Digital Assets"). Users can interact with the underlying Programs to stake their tokens, view their staking in the launch subscription period. In addition to the Site, you can access the Goober Site through a number of third-party web or mobile user-interfaces that we do not own, administer or control ("UIs").These Terms apply to you ("you" or "your") as a user of our Site, including, without limitation, all the products, services, tools and information made available on the Site.

You must be able to form a legally binding contract online either as an individual or on behalf of a legal entity. You represent that, if you are agreeing to these Terms on behalf of a legal entity, you have the legal authority to bind that entity to these Terms and you are not indirectly or directly included on any sanctions list and at least 18 years old or the age of majority where you reside, (whichever is older) can form a legally binding contract online, and have the full, right, power and authority to enter into and to comply with the obligations under these Terms.You are advised to periodically review these Terms so you understand any changes. We reserve the right, in our sole and absolute discretion, to make changes to our Terms. If we make changes, we will notify you by revising the "Last Updated" date at the beginning of these Terms accordingly. Changes are binding on users of the Site and will take effect immediately upon posting. As a user, you agree to be bound by any changes, variations, or modifications to our Terms and your continued use of the Site shall constitute acceptance of any such changes, revisions, variations, or modifications. By continuing to use the Site, you also acknowledge and agree that we have provided you with sufficient notice of such changes.
2. Use of the Site
To be eligible to use the Programs, the Site and the Services (as defined below), you must be of legal age to enter into these Terms where you live and have the legal capacity to enter into these Terms. The Programs, the Site and the Services is strictly NOT offered to persons or entities who reside in, are citizens of, are incorporated in, or have a registered office in any Restricted Territory, as defined below (any such person or entity from a Restricted Territory shall be a Restricted Person). If you are a Restricted Person, then do not attempt to access or use the Programs, the Site or the Services. Use of a virtual private network (e.g., a VPN) or other means by Restricted Persons to access or use the Programs, the Site or the Services is prohibited.

For the purpose of these Terms, Restricted Territory includes but without limitation the United States of America, the People's Republic of China and other jurisdictions that restrict the access to or usage of cryptocurrencies or related services, or any state, country or region that is subject to sanctions enforced by the United States, the United Kingdom or the European Union. By using the Site, you expressly acknowledge and agree that:

a. use of the Goober’s site and/or Programs may require that you pay a fee, such as network fees and other charges needed to perform a transaction;
b. your use of the Goober's site and/or Programs involves various risks, including, without limitation, risks of (a) losses while Digital Assets are being supplied to the Goober's site, (b) losses due to fluctuating prices of Digital Assets in trading pairs or liquidity pools and (c) losses due to bugs, errors, network outage, exploit incidents or any unforeseen circumstances;
c. before using the Goober's site and/or Programs, you should review the relevant documentation to make sure you understand how the Goober and Programs work;
d. you are responsible for doing your own diligence on the various UIs through which you access the Goober's site and/or Programs to understand the fees and risks they present;
e. the Community has no control over any transactions conducted through the Goober's site and/or Programs, the method of payment of any transactions, or any actual payments of transactions, including, without limitation, use of any third-party services like Digital Asset wallet providers.
f.You must ensure that you have a sufficient balance of the applicable Digital Assets stored at your compatible Digital Asset wallet address to complete any transaction on the Goober's site, Programs before initiating such transaction;
g. no individual or entity involved in creating the Goober's site or Programs will be liable for any claims or damages whatsoever associated with your use, inability to use, or your interaction with other users of, the Goober's site or Programs, including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or loss of profits, Digital Assets, or anything else of value.h. Programs associated with Goober are developed by the TinySPL protocol development team https://tinys.pl/en, and neither Goober or the TinySPL protocol team will be responsible for any outcome it may occur including, without limitation any direct, indirect,  incidental, special, exemplary, punitive or consequential damages, or loss of profits, Digital Assets, or anything else of value.

The Programs, the Site or the Services made available through the Site (or any portion thereof) may not be available to all users, and we reserve the right to assess or reassess at any time your eligibility to use all or part of the Program, the Site or the Services.The Program, the Site and the Services does not constitute, and may not be used for the purposes of, an offer or solicitation to anyone in any jurisdiction in which such offer or solicitation is not authorised, or to any person to whom it is unlawful to make such an offer or solicitation.Without limiting the foregoing, by using the Program, the Site or the Services, you acknowledge and understand that laws regarding digital assets, cryptocurrency derivatives, financial instruments, or investment products which may include digital assets, may vary from jurisdiction to jurisdiction, and it is your sole obligation to ensure that you fully comply with any law, regulation or directive, relevant to your jurisdiction with regard to the use of the Program, the Site or the Services. For the avoidance of doubt, the ability to access the Program, the Site or the Services does not necessarily mean that same (or your activities through it) are legal under the laws, regulations or directives relevant to your jurisdiction.
3. The Site and Transactions on The Relevant Blockchain Network
Transactions that take place via the visual user interface on the Site are confirmed via the relevant Blockchain Network. You understand that your public address on the relevant Blockchain Network will be made publicly visible whenever you engage in a transaction on the Site.Any digital assets which you may acquire through the usage of the Site will be held and administered solely by you through your selected electronic wallet, and we shall have no access to or responsibility in regard to such electronic wallet or digital asset held therein. It is solely your responsibility to select the wallet service provider to use in connection with the Site, and your use of such electronic wallet will be subject to the governing terms of use or privacy policy of the provider of such wallet. We neither own nor control your selected electronic wallet service, Google Chrome, any electronic wallet, the relevant Blockchain Network, or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features on Goober's site.

We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.The Company will not create any hosted wallet for you or otherwise custody digital assets on your behalf, and it is your sole responsibility to maintain the security of your selected electronic wallet. In the event that you lose access to your electronic wallet, private key(s), password(s), or other method(s) of securing your wallet, all digital assets held in such wallet may be irretrievable, and the Company will be unable to assist you in any way. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against the Company, its affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to your use of any wallet software, associated loss of digital assets, transaction failures, or any other defects that arise in the course of your use of your electronic wallet, including any losses that may obtain as a result of any failure of any Programs or the Site.The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, all or any part of the Site with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension or discontinuance of all or any part of the Site.

The deployed Programs you interact with are experimental in nature and you should not utilise the Programs for deployment of any substantial amount of digital assets.We reserve the right to disable access to the Site or the interface at any time in the event of any breach of the Terms, including without limitation, if we, in our sole discretion, believe that you, at any time, fail to satisfy the eligibility requirements set forth in the Terms. Further, we reserve the right to limit or restrict access to the Site by any person or entity, or within any geographic area or legal jurisdiction, at any time and at our sole discretion. We will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Site being inaccessible to you at any time or for any reason.By interacting with the Goober's Site, users are agreeing to be bound by the governance process for the holders of the Goober governance token (the "Community"), and enter into mutual covenants and/or obligations with other holders of Goober governance tokens inter se. Users agree to accept the outcome of this governance process as legally binding and valid, and shall waive any rights to challenge these outcomes before any court of law, tribunal or regulatory authority.
4. Services
The project has deployed the Programs on the Solana Network for users to utilise in accordance with these Terms. Users may directly call the functions of the Programs directly, or access them via the user interface provided by the Site.The Goober’s site allows users to make transactions and stake their tokens for the launch of the Goober governance token, also known as Subscription. The Site merely provides a visual user interface allowing users to interact with the Launch service and does not act as an agent for any of the users.

Although we aim to provide a safe and secure decentralized service, users are solely responsible for any transaction, staking, subscription made on Goober’s site.THE SITE SOLELY FUNCTIONS AS A VISUAL USER INTERFACE. IN NO CIRCUMSTANCES SHALL THE COMPANY, THE PROGRAMS, OR THE SITE BE CONSTRUED AS A DIGITAL ASSET EXCHANGE, BROKER, DEALER, FUND MANAGER, FINANCIAL INSTITUTION, EXCHANGE, CUSTODIAN, ROBO-ADVISOR, INTERMEDIARY, OR CREDITOR. NEITHER THE PROGRAMS OR THE SITE PROVIDES FINANCIAL ADVISORY, LEGAL, REGULATORY, OR TAX SERVICES DIRECTLY, INDIRECTLY, IMPLICITLY, OR IN ANY OTHER MANNER, AND YOU SHOULD NOT CONSIDER ANY CONTENT CONTAINED IN THESE TERMS OR OTHERWISE POSTED ON THE SITE TO BE A SUBSTITUTE FOR PROFESSIONAL FINANCIAL, LEGAL, REGULATORY, TAX OR OTHER ADVICE. The Company reserves the right to suspend or terminate access to the Site or the Programs by any users interacting with Programs on the Goober’s Site for any reason whatsoever (including without limitation for a breach of these Terms), and no refund or any form of compensation will be made.

You agree that the Company will not be liable to you or to any third party for any suspension or termination of any user.Access to the Programs or the Site may become degraded or unavailable during times of significant volatility or volume. This could result in the inability to interact with third-party services for periods of time and may also lead to support response time delays. The Company cannot guarantee that the Programs or the Site will be available without interruption and neither do we guarantee that requests to interact with third-party services will be successful.
5. Fees and Payment
The relevant Blockchain Network typically requires the payment of a transaction fee (a "Gas Fee") for every transaction that occurs on the relevant Blockchain Network. The Gas Fee funds the network of computers that run the decentralised network. This means that you will need to pay a Gas Fee for each transaction that occurs via the Programs.Notwithstanding anything in these Terms to the contrary, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, "Taxes") associated with your use of the Site or the Programs (including, without limitation, any Taxes that may become payable as the result of your ownership or transfer of digital assets or interaction the token launch, or relating to Gooberl).
6. Access / Disclaimer of Warranties
ACCESS TO THIS SITE AND THE PRODUCTS HEREIN ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO WARRANTY IS PROVIDED THAT THE SITE OR ANY PRODUCT WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED. YOUR USE OF THE SITE AND ANY PRODUCT AND ANY MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.We do not guarantee or promise that the Site, or any content on it, will always be available, functional, usable or uninterrupted. From time to time, access may be interrupted, suspended or restricted, including because of a fault, error or unforeseen circumstances or because we are carrying out planned maintenance or changes.We reserve the right to limit the availability of the site to any person, geographic area or jurisdiction in our sole discretion and/or to terminate your access to and use of the site, at any time and in our sole discretion. We may suspend or disable your access to the Site for any reason and in our sole discretion, including for any intentional or unintentional breaches of these Terms.

We may remove or amend the content of the Site at any time. Some of the content may be out of date at any given time and we are under no obligation to update or revise it. We do not promise or guarantee that the Site, or any content on it, will be free from errors or omissions.We will not be liable to you for any issue, loss or damage you may or have suffered as a result of the Site being unavailable at any time for any reason. You will comply with all applicable domestic and international laws, statutes, ordinances, rules and regulations applicable to your use of the site ("Applicable Laws").As a condition to accessing or using the Site, you agree and represent that you will:Only use the Services and the Site for lawful purposes and in adherence with these Terms;Ensure that all information that you provide on the Site is current, complete, and accurate; andMaintain the security, privacy and confidentiality of access to your Digital Asset wallet address.As a condition to accessing or using the Site or the Services, you will not:Violate any Applicable Law, including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing and sanctions laws and any relevant and applicable privacy, secrecy and data protection laws.Use the Site for any purpose or conduct that is directly or indirectly unlawful;Export, reexport, or transfer, directly or indirectly, any technology belonging to us or the Goober's Site in violation of applicable export laws or regulations;Infringe on or misappropriate any contract, intellectual property or other third-party right, or commit a tort while using the Site;Misrepresent, with omission or otherwise, the truthfulness, sourcing or reliability of any content on the Site;Use the Site in any manner that could interfere with, disrupt, negatively affect, redirect or inhibit other users from fully enjoying the Goober’s Site, or that could damage, disable, overburden, or impair the functioning of the Goober’s Site in any manner;Attempt to circumvent or disable any content filtering techniques or security measures that Goober employs on the Site, or attempt to access any service or area of the Site that you are not authorized to access;Introduce or use any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Site;Post content or communications on the Site that are, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;To the extent applicable, post content on the Site containing unsolicited promotions, commercial messages or any chain messages or user content designed to deceive, induce or trick the user of the Site; orEncourage or induce any third party to engage in any of the activities prohibited under these Terms.

You acknowledge that the Site and your use of the Site present certain risks, including without limitation the following risks:Losses while digital assets are being supplied to the Goober's Site and losses due to the fluctuation of prices of tokens in a trading pair or liquidity pool. Prices of digital currencies, tokens and/or other digital assets fluctuate day by day or even minute by minute. The value of your available balance could surge or drop suddenly. Please note that there is a possibility that the price of tokens could decrease to zero. Prices of tokens are prone to significant fluctuations, for example, due to announced proposed legislative acts, governmental restrictions, news related to cyber crimes or other factors causing potentially excessive market enthusiasm, disproportionate loss in confidence, or manipulation by others in the market.Risks associated with accessing the Goober's Site through third party UIs. You are responsible for doing your own diligence on those UIs to understand and accept the risks that use entails. You are also responsible for doing your own diligence on those interfaces to understand and accept any fees that those interfaces may charge.You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any interaction with the Launch Subscription Pools and the underlying digital assets. You accept all consequences of participating in such interactions, including the risk that you may lose access to your digital assets indefinitely. All decisions to interact with Launch Subscription Pools are made solely by you. Notwithstanding anything in these Terms, the Company accepts no responsibility whatsoever for and will in no circumstances be liable to you in connection with any interaction with Launch Subscription Pools and the underlying digital assets. Under no circumstances will the operation of all or any portion of the Programs or the Site be deemed to create a relationship that includes any management of any assets, or the provision or tendering of investment advice.Risks associated with any Programs with which you interact.You are reminded of the inherent risks with digital assets and decentralized finance including the fact that tokens are not legal tender and are not backed by any government. Unlike fiat currencies, which are regulated and backed by local governments and central banks, tokens are based only on technology and user consensus, which means that in cases of manipulations or market panic, central governments will not take any corrective actions or measures to achieve stability, maintain liquidity or protect their value. There is a possibility that certain transactions cannot be settled or may be difficult to settle, or can be completed only at significantly adverse prices depending on the market situation and/or market volume. Transactions may be irreversible, and, accordingly, potential losses due to fraudulent or accidental transactions are not recoverable. Some blockchain transactions are deemed to be completed when recorded on a public ledger, which is not necessarily the date or time when you or another party initiated the transaction.The regulatory frameworks applicable to blockchain transactions in connection with tokens are still developing and evolving. It is possible that your transactions or funds are, or may be in the future, subject to various reporting, tax or other liabilities and obligations. Legislative and regulatory changes or actions at the country or international level may materially and adversely affect the use, transfer, exchange, and value of your tokens.All programs (including the Programs) may contain security vulnerabilities, errors, failures, bugs or economic loopholes which may be exploited by third parties, causing you to suffer losses in connection with any digital assets. Interaction with these Programs are entirely at your own responsibility and liability, and the Company is not a party to the Programs.

The Company cannot be responsible for any security vulnerabilities, errors, failures, bugs or economic loopholes in respect of these third party protocols or the underlying Programs.The Goober's Site may be entirely or partially suspended or terminated for any or no reason, which may limit your access to your Digital Assets.You are solely responsible for understanding and complying with any and all Applicable Laws in connection with your acceptance of these Terms and your use of any part of the Site, including but not limited to those related to taxes as well as reporting and disclosure obligations.This list of risk factors is non-exhaustive, and other risks, arising either now or in the future, could additionally be relevant and applicable to you in making an informed judgement to accept, or continue to accept, these Terms and/or use, or continue to use the Site.Accordingly, you expressly acknowledge and agree that:a. you assume all risk in connection with the specific risks identified above;b. you assume all risk in connection with your access to and use of the Site, and the Programs;c. that you expressly waive and release us, Goober and the Community from any and all liability, claims, causes of action, responsibility or damages arising from or in any way related to your use of the Site, the Goober service or the Programs;d. upgrades and modifications to the Goober’s Site are managed in a community-driven way by holders of the Goober governance token; ande. no individual or entity involved in creating the Goober’s Site, the service, and the Goober governance token will be liable for any claims or damages whatsoever associated with your use, inability to use, or your interaction with other users of, the Goober service, including any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or loss of profits, Digital Assets, cryptocurrencies, tokens, or anything else of value.All information provided by or on behalf of the Company is for informational purposes only and should not be construed as legal, tax or financial advice. In particular, any summaries or reports available on the Site are provided to users for informational purposes only, and users should refrain from taking any action in reliance on any information contained in these Terms or provided by or on behalf of the Company. You acknowledge, agree, and understand that you are solely responsible for assessing whether to participate in any project.

Before you decide to make any financial, legal, or other decisions relating to any project, you shall conduct all appropriate due diligence and seek all appropriate legal, tax or financial advice from independent professionals in connection with the same. You acknowledge and agree that the Company does not, in any way, supervise, direct, control, or evaluate any project and accordingly cannot be responsible for any project.Further, you accept and confirm that a conflict of interest may arise when the interest of the Company and its affiliates competes or may appear to compete with your interests under these Terms. Specifically, you hereby acknowledge and confirm that: (a) the Company may participate in certain transactions in an individual capacity; (b) the Company may execute at the same time its own orders which may be opposite that of a user; (c) the Company may establish business, including without limitation, trading relationships with other ecosystem players, financial institutions, digital asset owners, digital asset exchanges, issuers of financial instruments and we may have a financial interest in such instruments; (d) the Company may seek to act as a market maker and in this context there may be inherent conflicts of interest.
7. Third-Party Content
The Site may contain hyperlinks or references to third-party websites or content. Any such hyperlinks or references are provided for your information and convenience only. We have no control over third-party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party's website, products or services or opine on the accuracy or reliability of such information. Your use of a third-party site may be governed by the terms and conditions of that third-party site.
8. Intellectual Property Rights
We are the owner of all intellectual property rights in the Site and the material published on them. To the extent practical, these works are protected by copyright laws and all such rights are reserved. www.goober.wtf is our uniform resource locator (‘URL’). You will not make use of this URL (or any other URL owned by us) on another website or digital platform without our prior written consent. Any unauthorized use or reproduction may be prosecuted. You will retain ownership of all copyright in data you upload or submit by, through or to the Site. You grant us a worldwide, royalty-free, irrevocable license to use, copy, distribute or publish and send this data in any manner.
9. Copyright Infringement
We take claims of copyright infringement seriously. If you believe any materials accessible on or through the Site or any copyrighted materials posted to the Site by another user infringe your copyright, you may request removal of those materials (or access to them) by sending written notification to contact@goober.wtf.Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Singapore’s Copyright Act 2021.
10. Disclaimers
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE PROGRAMS, THE SITE AND LAUNCH SUBSCRIPTION POOL IS AT YOUR SOLE RISK, AND THAT THE SAME ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE PROGRAMS, THE SITE AND LAUNCH SUBSCRIPTION POOLS AND ANY PART OF IT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR ACCESS TO OR USE OF THE PROGRAMS, THE SITE WILL MEET YOUR REQUIREMENTS, (B) YOUR ACCESS TO OR USE OF THE PROGRAMS, THE SITE AND LAUNCH SUBSCRIPTION POOLS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) USAGE DATA PROVIDED THROUGH THE PROGRAMS, THE SITE AND LAUNCH SUBSCRIPTION POOLS WILL BE ACCURATE, (D) THE PROGRAMS, THE SITE AND LAUNCH SUBSCRIPTION POOLS, OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE PROGRAMS, THE SITE AND LAUNCH SUBSCRIPTION POOLS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (E) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE PROGRAMS, THE SITE AND LAUNCH SUBSCRIPTION POOLS WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT THE COMPANY HAS NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO THE COMPANY'S WILFUL DEFAULT.DIGITAL ASSETS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE RELEVANT BLOCKCHAIN NETWORK. ALL PROGRAMS IN CONNECTION WITH GOOBER ECOSYSTEM ARE DEPLOYED ON AND INTERACTIONS/TRANSACTIONS WITH THE SAME OCCUR ON THE DECENTRALISED LEDGER WITHIN THE RELEVANT BLOCKCHAIN NETWORK. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO PROGRAMS.THE COMPANY IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE RELEVANT BLOCKCHAIN NETWORK OR YOUR SELECTED ELECTRONIC WALLET SERVICE, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE RELEVANT BLOCKCHAIN NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
11. Limitation of liability
YOU UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR IN CONNECTION WITH THE PROGRAMS, THE SITE OR LAUNCH SUBSCRIPTION POOLS, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE PROGRAMS, THE SITE OR LAUNCH SUBSCRIPTION POOLS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO US$0.YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE PROGRAMS, THE SITE AND LAUNCH SUBSCRIPTION POOLS AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE PROGRAMS, THE SITE OR LAUNCH SUBSCRIPTION POOLS TO YOU WITHOUT THESE LIMITATIONS.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
12. Indemnification
You agree to indemnify and hold us and all of our officers, directors, council members, employees, contractors, agents, affiliates, and subsidiaries harmless from any claim or demand, including attorneys’ fees and costs, made by any third-party due to or arising out of (a) your use of the Goober’s Site, or the Programs or (b) these Terms.
13. General
We may perform any of our obligations, and exercise any of the rights granted to us under these Terms, through an affiliated or unaffiliated third-party. We may assign any or all our rights and obligations under these Terms to any third-party.If any clause or part of any clause of these Terms is found to be void, unenforceable or invalid, then it will be severed from these Terms, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of these Terms.No single or partial exercise, or failure or delay in exercising any right, power or remedy by us shall constitute a waiver by us of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these terms and conditions or otherwise. If any of the provisions in these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder shall continue in full force and effect.All disclaimers, indemnities and exclusions in these Terms shall survive termination of the Terms and shall continue to apply during any suspension or any period during which the Site is not available for you to use for any reason whatsoever.These Terms and the documents referred to in them set out the entire agreement between you and us with respect to your use of the Goober’s Site, the Programs and the services provided via the Site and supersede any and all prior or contemporaneous representations, communications or agreements (written or oral) made between you or us.There are no third party beneficiaries to these Terms. A person who is not a party under these Terms has no right under any applicable law to enforce or to enjoy the benefit of these Terms.Nothing in these Terms create any agency, partnership, joint venture or any similar relationship between the Company and you, nor cause the Company and you to be deemed acting in concert in any respect.These Terms shall be governed by the laws of the British Virgin Islands. Any dispute, controversy, or claim arising out of or in relation to these Terms, including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the Singapore Arbitration Act (2001), as may be amended from time to time, which is in force on the date when the Notice of Arbitration is submitted in accordance with these Rules. The number of arbitrators shall be one or three; the seat of the arbitration shall be determined by the arbitrator(s); the arbitral proceedings shall be conducted in English. The applicable law shall be Singapore law or another choice of law determined in our sole discretion.With respect to all persons and entities, regardless of whether they have obtained or used the site for personal, commercial or other purposes, all disputes, controversies or claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into these Terms, you and us are each waiving the right to a trial by jury or to participate in a class action, collective action, or other representative proceeding of any kind.
14. Force Majeure
There is a risk that transactions effected through the Site may be affected by system failures resulting from adverse events, natural disasters, pandemics and other emergencies, as well as unforeseen significant changes in the external environment. With regard to opportunity loss (e.g., loss of opportunity to place a payment instruction, resulting in loss of profits which could have been obtained) due to occurrences such as emergency situations and force majeure events, we are under no obligation to take any corrective action or measure and shall no under circumstances be liable for any lost profits or other trading losses.
15. Consent to Electronic Disclosures and Signatures
Because the Company operates only on the Internet, it is necessary for you to consent to transact business with us online and electronically. As part of doing business with us, therefore, we also need you to consent to our providing you certain disclosures electronically via the Site. By agreeing to these Terms, you agree to receive electronically all documents, communications, notices, contracts, and agreements arising from or relating to your use of the Site and Services. By accepting these Terms or contacting us in any manner, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, in any way, including SMS messages (including text messages), calls using pre-recorded messages or artificial voice, and calls and messages delivered using an automatic telephone dialling system or an automatic texting system. Notwithstanding the aforementioned, any form of communication from the Company will be provided to you electronically through the Site or (if applicable) via email to the email address provided. If you require paper copies of any agreements or disclosures, you may print such documents desired.Your consent to receive disclosures and transact business electronically, and our agreement to do so, applies to any transactions to which such disclosures relate, whether between you and the Company or a third party by and through the Services. Your consent will remain in effect for so long as you are a user and, if you are no longer a user, will continue until such a time as all disclosures relevant to Services received through the Site.