From f85373db6ab4c75f11d02af34f241d665175a8d2 Mon Sep 17 00:00:00 2001 From: 1020-1795 <0x1020.1795@gmail.com> Date: Thu, 18 Jul 2024 14:28:31 -0400 Subject: [PATCH] Minor update to terms-of-service.mdx Revision to fix grammatical, spelling, and punctuation errors. --- docs/policies/terms-of-service.mdx | 22 +++++++++++----------- 1 file changed, 11 insertions(+), 11 deletions(-) diff --git a/docs/policies/terms-of-service.mdx b/docs/policies/terms-of-service.mdx index 5a2bc1a4..d88afa18 100644 --- a/docs/policies/terms-of-service.mdx +++ b/docs/policies/terms-of-service.mdx @@ -4,11 +4,11 @@ title: Terms of Service ## Flashbots Ltd. -_Updated July 6, 2023_ +_Updated July 18, 2024_ ### ACCEPTANCE OF TERMS -BY ACCESSING ANY SERVICES PROVIDED BY FLASHBOTS LTD. (**“FLASHBOTS”**) OR FLASHBOTS SITES, AS DEFINED BELOW, YOU AGREE TO THESE TERMS OF SERVICE, [THE FLASHBOTS POLICIES](/policies/terms-of-service#flashbots-policies-appendix), AND THE [PRIVACY POLICY](/policies/privacy#contact) AS GOVERNING TO YOUR USE OF THE FLASHBOTS SERVICES AND FLASHBOTS SITES. IF YOU ARE ENTERING INTO OR ACCEPTING THESE TERMS ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE, REFERENCES TO “YOU" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS OR USE FLASHBOTS SERVICES. THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS. +BY ACCESSING ANY SERVICES PROVIDED BY FLASHBOTS LTD. (**“FLASHBOTS”**) OR FLASHBOTS SITES, AS DEFINED BELOW, YOU AGREE TO THESE TERMS OF SERVICE, [THE FLASHBOTS POLICIES](/policies/terms-of-service#flashbots-policies-appendix), AND THE [PRIVACY POLICY](/policies/privacy#contact) AS GOVERNING TO YOUR USE OF THE FLASHBOTS SERVICES AND FLASHBOTS SITES. IF YOU ARE ENTERING INTO OR ACCEPTING THESE TERMS OF SERVICE ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS OF SERVICE, IN WHICH CASE, REFERENCES TO “YOU" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS OR USE FLASHBOTS SERVICES. THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS. FLASHBOTS provides certain software, as set forth in [FLASHBOTS’ Github repository](https://github.com/flashbots), as well as other related software that FLASHBOTS may provide from time to time, (each program, a “**Software Program**” and collectively, the “**Software Programs**”) to Ethereum Network node operators, wallet and application providers, block builders, block searchers, and other participants (the “**Users**”). @@ -23,7 +23,7 @@ FLASHBOTS shall have the right at any time to change or discontinue any aspect o You represent and warrant that You are at least 18 years of age or the age of majority in Your state or jurisdiction of residence, whichever is greater; that You are capable of entering into a legally binding agreement; and that You reside in a jurisdiction where Your use of the Flashbots Services is lawful. Your right to use the Flashbots Services is conditioned upon Your acceptance and compliance with these ToS. If You do not agree to be bound by the terms and conditions set forth in these ToS, You are not authorized to use the Flashbots Services and You agree to immediately discontinue any access to or use of the Flashbots Services. -In addition, You represent to FLASHBOTS that You, Your digital currency addresses, and Your financial institutions, or any party that owns or controls You, Your digital currency addresses or Your financial institutions, are (1) not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the U.S. Government (i.e., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the ,the United Kingdom, or other applicable government authority and (2) not located in or attempting to use Flashbots Services from any country subject to a comprehensive sanctions program implemented by the United States or the United Kingdom. +In addition, You represent to FLASHBOTS that You, Your digital currency addresses, and Your financial institutions, or any party that owns or controls You, Your digital currency addresses or Your financial institutions, are (1) not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the U.S. Government (i.e., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the United Kingdom, or other applicable government authority and (2) not located in or attempting to use Flashbots Services from any country subject to a comprehensive sanctions program implemented by the United States or the United Kingdom. ### SCOPE OF USE @@ -43,7 +43,7 @@ You acknowledge that the underlying blockchain technologies involved in using an You acknowledge that although FLASHBOTS is constantly improving its security measures against security breaches that might result in the loss or corruption of data, the Flashbots Parties and FLASHBOTS’ third-party partners shall not be responsible for the operation of any Flashbots Service or Software Program and shall not be liable to You or any other Users for any damage caused by such loss or corruption of data. You understand that the Software Program and other protocol upgrades may inadvertently contain bugs or security vulnerabilities that may result in loss of functionality and ultimately funds. -You acknowledge that the Flashbots Services involve novel technological innovations. Results depend on a multiplicity of factors beyond the control of FLASHBOTS, including but not limited to network health, congestion, latency, incentives, user configuration settings, operation of third party software or hardware, wallet compatibility, protocol upgrades or forks, the activities of searchers, block builders, producers, etc. Therefore, the outcomes cannot be predicted, and no representations or warranties are made with respect to the Flashbots Services. OUTCOMES ARE NOT GUARANTEED. You agree that the Flashbots Parties are not responsible for the regulatory status or treatment in any jurisdiction of any digital assets that You may access or transact with using the Flashbots Services. +You acknowledge that the Flashbots Services involve novel technological innovations. Results depend on a multiplicity of factors beyond the control of FLASHBOTS, including but not limited to network health, congestion, latency, incentives, user configuration settings, operation of third-party software and/or hardware, wallet compatibility, protocol upgrades or forks, the activities of searchers, block builders, producers, etc. Therefore, the outcomes cannot be predicted, and no representations or warranties are made with respect to the Flashbots Services. OUTCOMES ARE NOT GUARANTEED. You agree that the Flashbots Parties are not responsible for the regulatory status or treatment in any jurisdiction of any digital assets that You may access or transact with using the Flashbots Services. Your participation in the Flashbots Services involves the use of sophisticated hardware and software. The Flashbots Parties will not be liable or responsible to You, nor be deemed to have defaulted or breached these Terms of Service, for any failure or delay in our performance under these Terms of Service when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control and/or from the hardware used in the Flashbots Service, including, without limitation, acts of God, cyberattack or ransomware, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or, terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, telecommunication or third party service provider breakdown, interruption or unavailability, electrical disruptions, or power outage. @@ -51,7 +51,7 @@ You represent that You have the technical and financial knowledge, experience, a ### USE OF FLASHBOTS SERVICES -You agree to use the Flashbots Services for lawful purposes only, and solely in a manner consistent with the intent of FLASHBOTS as described in these Terms of Service including without limitation, the Flashbots Policies, as updated from time to time. +You agree to use the Flashbots Services for lawful purposes only, and solely in a manner consistent with the intent of FLASHBOTS as described in these Terms of Service and including without limitation, the Flashbots Policies, as updated from time to time. You agree that You shall not upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consent to do the same, use any material or information, including images or photographs, which are made available through the Flashbots Service in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party, upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or damage the property of another, falsify or delete any copyright management information such as author attributions, watermarks, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, violate any code of conduct or other guidelines that may be applicable, harvest or otherwise collect information about others, including personal information or personal data. You shall be solely liable for any damage resulting from any unlawful, wrongful, deceitful or other act, or from infringement of copyrights, proprietary rights, or any other harm resulting from such an act. The foregoing provisions of this section are for the benefit of the Flashbots Parties,(including but not limited to FLASHBOTS’s third-party service and content providers) and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf. @@ -61,11 +61,11 @@ FLASHBOTS reserves the right to not admit You or other Users to any Flashbots Se You agree that the Flashbots Parties have no responsibility for other Users’ use of the Flashbots Services and shall not be responsible to You to the extent that any security, configuration or technical support services that it may provide to other Users in connection with the Flashbots Services impacts Your use of the Flashbots Services. -In the event any or all of the Flashbots Services are permanently or temporarily terminated, FLASHBOTS shall re-start services at its sole discretion as to timing and as to approach; in such event no resumption of service is promised or warranted. +In the event any or all of the Flashbots Services are permanently or temporarily terminated, FLASHBOTS shall restart services at its sole discretion as to timing and/or approach; in such event, no resumption of service is promised or warranted. ### YOUR RESPONSIBILITIES -Use: You are responsible for all activities that occur with respect to Your use of the Flashbots Services, regardless of whether the activities are authorized by You or undertaken by You, Your employees or a third party (including but not limited to Your contractors, agents and other users), and (b) The Flashbots Parties are not responsible for unauthorized access to the Flashbots Services, including any access that occurred as a result of fraud, phishing, or other criminal activity perpetrated against You by third parties. +Use: You are responsible for all activities that occur with respect to Your use of the Flashbots Services, regardless of whether the activities are authorized by You or undertaken by You, Your employees, or a third-party (including but not limited to Your contractors, agents and other users), and (b) The Flashbots Parties are not responsible for unauthorized access to the Flashbots Services, including any access that occurred as a result of fraud, phishing, or other criminal activity perpetrated against You by third parties. Security, Configuration and Backup: You are solely responsible for properly configuring and using the Flashbots Services and otherwise taking appropriate action to secure, protect, and backup Your data and Your customers’ data, as applicable, in a manner that will provide appropriate security and protection. @@ -87,9 +87,9 @@ FLASHBOTS does not charge any fee for the use of Flashbots Services; however, FL ### NO INVESTMENT ADVICE OR RECOMMENDATIONS -Nothing contained in the Flashbots Services or any other content on the Flashbots Sites constitutes a solicitation, recommendation, endorsement, or offer by FLASHBOTS to buy or sell any digital asset or other financial instruments.. +Nothing contained in the Flashbots Services or any other content on the Flashbots Sites constitutes a solicitation, recommendation, endorsement, or offer by FLASHBOTS to buy or sell any digital asset or other financial instruments. -You alone assume the sole responsibility of evaluating the merits and risks associated with the use of the Flashbots Services or any related service before making any decisions based on information we provide to You, such as information made available though application program interfaces (APIs). In exchange for using the Flashbots Service, You agree not to hold the Flashbots Parties (including, without limitation, third party service and content providers and licensors liable for any possible claim for damages arising from any decision You make based on information made available to You through any of the Flashbots Services. +You alone assume the sole responsibility of evaluating the merits and risks associated with the use of the Flashbots Services or any related service before making any decisions based on information we provide to You, such as information made available through application program interfaces (APIs). In exchange for using the Flashbots Service, You agree not to hold the Flashbots Parties (including, without limitation, third-party service and content providers and licensors liable for any possible claim for damages arising from any decision You make based on information made available to You through any of the Flashbots Services. ### CERTAIN INFORMATION MADE AVAILABLE BY FLASHBOTS @@ -101,7 +101,7 @@ YOU EXPRESSLY AGREE THAT USE OF THE FLASHBOTS SERVICES IS AT YOUR SOLE RISK. NEI WITHOUT LIMITING THE FOREGOING, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF, THE FLASHBOTS SERVICES AND ANY MATERIALS OR CONTENT FOUND THEREIN, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. -YOU ACKNOWLEDGE THAT FLASHBOTS PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS, AND THAT YOU ALONE ARE ASSUMING THE RISK OF INJURY FROM THE FOREGOING, TO THE FULLEST EXTENT OF THE LAW. IN NO EVENT WILL THE FLASHBOTS PARTIES, , ITS LICENSORS OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR PROVIDING THE FLASHBOTS SERVICES OR THE SOFTWARE PROGRAMS, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE FLASHBOTS SERVICES. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER THE FLASHBOTS PARTIES , NOR FLASHBOTS’ INFORMATION PROVIDERS, OR CONTENT PARTNERS, SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE FLASHBOTS SERVICES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. THE FLASHBOTS PARTIES SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. +YOU ACKNOWLEDGE THAT FLASHBOTS PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS, AND THAT YOU ALONE ARE ASSUMING THE RISK OF INJURY FROM THE FOREGOING, TO THE FULLEST EXTENT OF THE LAW. IN NO EVENT WILL THE FLASHBOTS PARTIES, , ITS LICENSORS OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR PROVIDING THE FLASHBOTS SERVICES OR THE SOFTWARE PROGRAMS, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE FLASHBOTS SERVICES. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER THE FLASHBOTS PARTIES, NOR FLASHBOTS’ INFORMATION PROVIDERS, OR CONTENT PARTNERS, SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE FLASHBOTS SERVICES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. THE FLASHBOTS PARTIES SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. FLASHBOTS RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS TO THE FLASHBOTS SERVICES, THESE TERMS OF SERVICE AND THE FLASHBOTS POLICIES AT ANY TIME, WITHOUT NOTICE. THE INFORMATION PROVIDED THROUGH THE FLASHBOTS SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE.” FLASHBOTS DOES NOT WARRANT, AND AFFIRMATIVELY DISCLAIMS, ANY AND ALL WARRANTIES REGARDING, THE ACCURACY, COMPLETENESS OR TIMELINESS OF INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE FLASHBOTS SERVICES. FLASHBOTS PROVIDES NO GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. FLASHBOTS EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION CONTAINED IN THE FLASHBOTS SERVICES OR THE OPERATION THEREOF. FLASHBOTS MAY CHANGE INFORMATION CONTAINED IN THE FLASHBOTS SERVICES AT ANY TIME AND MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED THEREIN. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE FLASHBOTS SERVICES. @@ -119,7 +119,7 @@ In the event that a court or arbitration panel, as the case may be, should hold ### LINKS TO THIRD-PARTY SITES -Links found in the Flashbots Services or Flashbots Sites may let you leave the Flashbots Services to enter other sites. You acknowledge that such linked sites are not under the control of FLASHBOTS, and the Flashbots Parties are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The Flashbots Parties are not responsible for any form of transmission received from any linked site. FLASHBOTS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site by FLASHBOTS. Once you transfer to another site, you are subject to their terms of use, privacy policy and cookie policy, if any. +Links found in the Flashbots Services or Flashbots Sites may let You leave the Flashbots Services to enter other sites. You acknowledge that such linked sites are not under the control of FLASHBOTS, and the Flashbots Parties are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The Flashbots Parties are not responsible for any form of transmission received from any linked site. FLASHBOTS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site by FLASHBOTS. Once you transfer to another site, you are subject to their terms of use, privacy policy and cookie policy, if any. ### INDEMNIFICATION