Terms of Service
Last Updated: 2022.5.17
Please read these Terms of Service (these "Terms").
These Terms of Service ("Terms") govern your access to and use of the Oases website and other software available on or in connection with our services, as described in our Terms of Service (collectively, the "Service"), including but not limited to the
(i) use of our services to display, discover, and generate non-fungible tokens ("NFTs");
(ii) use of our services to buy, sell, and transfer non-fungible tokens ("NFTs") with other users of our platform.
"NFTs" in these "Terms" refers to a non-fungible token or similar virtual token represented in a smart contract on a public blockchain such as Ethereum or other blockchain networks that may be connected via the platform.
For purposes of these Terms, you will be deemed a "User" who is legally bound by these Terms.
(a) "NFTs" are unique non-fungible tokens on that blockchain that follow the ERC-721 token standard or other comparable "non-fungible" token standards. These tokens are generally "non-fungible" in nature and are used to represent unique digital collectibles; nevertheless, certain NFTs may be fungible with one another (i.e., all such NFTs are associated with the same Collectible Metadata), while others may be non-fungible (i.e., such NFTs are associated with different Collectible Metadata).
(i) "Collectible" refers to the identification of an NFT with a Uniform Resource Identifier ("URI") designating a suitably prepared JSON file conforming to the ERC-721 Metadata JSON Schema on Ethereum.
(ii) Each "Collectible" has an ID, which specifies the Collectible's properties, including the Collectible's name and description (the "Collectible Descriptors"), a URI locating an image file linked with the Collectible (the "Collectible Image"), and maybe other "metadata" (the "Collectible Descriptors", "Collectible Image", and such other metadata, collectively, the "Collectible Metadata"). The Collectible Metadata for Collectibles generated by the Oases Applications is normally kept on IPFS via an Oases-managed IPFS node. Depending on how such Collectibles were developed, the Collectible Metadata for Collectibles created outside of the Oases Applications may be kept in different ways.
(iii) There is no assurance or warranty that any "Collectible" or "Collectible Metadata" is unique, original, or of high quality. In the absence of any specified legal agreement between the Collectible's creator and such Collectible's purchaser, there is no representation of delegating or conveying any rights relating to the ownership, associated intellectual property or such other right or entitlement over the Collectible Metadata, notwithstanding that User may rightfully own or possess the NFT associated with the Collectible.
(a) The Marketplace. Our Services facilitate interactions with the Protocols and Blockchains to allow individuals to bid on, purchase, trade, and sell NFTs. The Marketplace is an interface to interact with the Protocols and Blockchains. Oases does not provide the Protocol. Our Services also allow users to create and deploy NFTs.
(b) You may participate in these services by linking your digital wallet(s) on supported bridge extensions, which allows you to purchase, store, and engage in transactions using the associated blockchain (such as Ethereum). "Oases" has no influence or control over the transfer of title or rights to any underlying or related content of any NFTs.
(c) The services provided by Oases is an interface platform that is "technological" in nature. None of the services provided by Oases constitute those of a wallet provider, exchange, broker, financial institution, or creditor. The services are an administrative platform only. We make no promises about the identity, credibility, functionality, or integrity of users or NFTs (as well as any content associated with such NFTs) visible on the Service, and you are solely responsible for verifying the identity, legitimacy, and authenticity of NFTs purchased from third-party sellers using the Service.
"Ethereum" refers to the Ethereum "mainnet" and the "consensus" blockchain of such mainnet (networkID:1, chainID:1) recognized by the official "Go Ethereum" client, or, as applicable, the network and blockchain recognized as its legal successor.
Users are responsible for the overall management pertaining to their Oases accounts (if any) or the blockchain accounts or addresses via which they engage with the Services, as well as ensuring that any usage of those accounts or addresses is in complete compliance with these Terms. Users are responsible for keeping their user credentials and passwords secure.
Oases has the right to modify or discontinue any or all parts or functionalities of the Services at any time.
Oases maintains the right to suspend or terminate a user's access to or use of any or all of the Services at any time, with or without notification, for any reason, including but not limited to a violation of these Terms or at Oases' discretion. Oases retains the right to divulge any information as required to comply with any relevant legislation, regulation, legal procedures, or governmental request, as well as the right to alter, refuse to publish, or delete any details and information, in whole or in part. Users are responsible for complying with any limits on usage, reproduction, and/or distribution that may apply to Collectibles or other content submitted to the Services; if they acquire a Collectible, they are responsible for adhering to such limitations. When providing information that is of a "sensitive, identifiable or personal" nature through any of these Terms, users should exercise utmost caution. Oases has no control over or endorsement of the content, communications, or data available in any Services, and expressly disclaims any and all liability relating to the Services and any actions taken as a consequence of any User's involvement in any Services.
Oases reserves the right (but not the obligation) to supervise the content of the Services to ensure compliance with any operating rules established by Oases and to comply with any legislation, regulatory frameworks, or authorized governmental request, and Oases reserves the right to modify, refuse to publish, or delete any material submitted to or posted through the Services at its sole discretion. Without limiting the above, Oases maintains the right, at its sole discretion, to delete any material it determines to be in violation of these terms or otherwise objectionable.
"Oases" trademarks include "Oases" and its logos. All intellectual property rights are retained. Any other trademarks that may be displayed on the Oases platform or may appear in the Services are the intellectual property of such third parties as applicable.
(a) You are issued a limited, non-exclusive, non-transferable, non-sublicensable, and personal license to access and use the Service provided if you comply with these Terms.
(b) Unless relevant laws or regulations prohibit these limits or you have our express authorization, you may not conduct any of the following in relation to your use of the Services:
(i) duplicate, alter or create derivative works based on the App;
(ii) distribute, convey, sublicense, lease, lend or rent the App to any third party;
(iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or
(iv) access or use the Services in any way not expressly permitted by these Terms.
Users create all of the content on the Oases Platform. Oases makes no guarantees or assurances about the information found on the Oases Platform, including its authenticity, source, or ownership. Oases is not accountable for any mistakes, misrepresentations, or omissions in, of, or about the content, or for the content's availability. Oases is not responsible for any losses, injuries, or damages incurred as a result of the purchase, inability to purchase, publication, or usage of the content.
You may be able to access third-party websites or other resources through the Services (including the App). We provide access solely for your convenience and are not accountable for the material, goods, or services accessible on or via those resources or links. You accept that you are solely responsible for any and all risks associated with your use of third-party resources.
Under the Digital Millennium Copyright Act, Oases will respond to reports of alleged copyright infringement. Users are requested to notify the platform without delay if they believe that any of the content displayed on the platform has been duplicated in a way that breaches your copyright or trademark rights, or violates your publicity or other intellectual property rights.Your report or notice must include:
(i) the physical or electronic signature belonging to the copyright owner or such person authorized by him;
(ii) a reliable identification of the allegedly infringing copyrighted work;
(iii) description of the allegedly infringing online material, including, if available, a URL pointing to the content on the Oases website;
(iv) information that will allow Oases to contact the claimant, such as the claimant's email address, home address, and/or phone number;
(v) a statement that the claimant believes the relevant work is being used in an unlicensed or illegal manner, as determined by the copyright owner, its agent, or the law;
(vi) a statement under penalty of perjury that the above information is true and correct, and that the claimant is the copyright owner or is authorized to act on behalf of the copyright owner
(b) Submission of Takedown Requests.Users can make takedown requests by contacting the following addresses:
(c) DMCA Counter-Notices.Please be aware that we will communicate your notice of intellectual property infringement, along with your contact details, to the individual whose content will be removed, so that they are aware of why it is no longer accessible on Oases and can contact you to address any disputes.
(d) Repeat Infringers.Any entity who is a frequent infringer or who is frequently cited with infringement may have their accounts terminated or their use of the Services blocked by Oases.
Fees, commissions, royalties, and ancillary charges ("Fees") may be imposed periodically by Oases, in its sole discretion. Such fee may also be charged periodically by Collectible creators, or participants in the blockchain ecosystem when generating, purchasing, offering, or transferring Collectibles (such as the Ethereum ecosystem).Fees as of the date of the first publication of these Terms are as follows:
(a) platform fees established by and payable to Oases;
(b) commissions on the secondary sale of Collectibles, set by and payable to the Collectibles' creators; and
(c) "gas" refers to the fees paid to the miners or validators of a blockchain in order to validate and include your transaction on the next block of the network. Gas fees are payable for each independent transaction that occurs on the blockchain.
Fees may be paid or payable in any manner set by Oases in its sole discretion. All Fees must be paid in ETH as of the day from the initial publication of these Terms.
4.3 Finality; No Refunds
Except at the absolute discretion of Oases (for platform fees and other fees under its control) or appropriate third parties (Collectibles creators, blockchain miners or validators, etc.), all fees are non-refundable.
Authorized consumer entertainment and artistic expression include acceptable use.Notwithstanding anything in contrary contained in these Terms, Users must not, directly or indirectly:
(a) use any instrument, strategy, or technique to defraud or mislead Oases, including impersonating or assuming a fake identity;
(b) perform any act, practice, or course of action that acts or might operate as a deception or fraud against Oases;
(d) utilize the Services of Oases on behalf of a competing platform or service in order to gain a competitive advantage by interfering with the Services of Oases;
(e) participate or attempt to participate or assist in any forms of malicious attacks or hacks against Oases that harm the functioning of Oases or interfere with the Services or lead to the theft of collectibles, and/or funds. Such forms of attacks can include "Sybil attack," "DoS attack" or any similar attacks delivered or perpetrated via but not limited to phishing links, viruses, trojan horses, worms, time bombs, corrupted files or any other similar software or programs;
(f) develop or use any Collectible that infringes or is likely to infringe on any existing copyright, trademark, patent, trade secret, or other intellectual properties or other moral rights of others, or in any way contribute to infringing intellectual property by downloading or copying files or other material protected by intellectual property laws or rights of privacy or publicity, unless the relevant User has such IP ownership or license;
(g) violate relevant laws, rules, or regulations;
(h) utilize the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any other duplicative or unsolicited commercial or non-commercial messages;
(i) infringe and violate others' legal rights (such as their right to privacy and publicity) by defaming, abusing, harassing, stalking, or threatening them;
(j) publish, post, distribute or disseminate any profane, obscene, pornographic, indecent, or unlawful content, pictures, topic, name, material, or information;
(k) engage in or knowingly encourage any "front-running," "wash trading," "pump and dump trading," "ramping," "cornering," or other fraudulent, deceptive, or manipulative trading operations, including but not limited to:
(l) trade a Collectible at successively lower or higher prices in order to create or induce a completely bogus, misleading, or illusionary appearance of activity in such Collectible, unfairly or improperly affecting the market price for such Collectible, or establishing a price that does not reflect the actual market condition in such Collectible;
(m) engage in activities to carry out the above mentioned purposes, such as:
(i) completing or causing the completion of any transaction in a Collectible that does not result in a material change in the beneficial ownership of the Collectible; or
(ii) submitting an order for the buying or selling of a Collectible knowing that an order for the sale of that Collectible of roughly the same size and price has been or will be submitted by or for the same or different parties; or
(n) participate in, facilitate, support, or knowingly interacte with any pool, syndicate, or joint account created with the intent of unjustly or deceptively influencing the market price of a Collectible;
(o) utilize the service to generate, sell, or acquire NFTs or other goods that give owners rights to participate in an ICO or other securities offering, or that are redeemable for securities, commodities, or other financial instruments;
(p) purchase, offer or advertise personal, professional or business services through Oases Services;
(q) utilize the Services to engage in token-based or other financings of a business, enterprise, venture, DAO, software development project or other initiatives, including ICOs, DAICOs, CEOs, "yield farming" or other token-based fundraising events; or
(r) utilize the Services primarily as general-purpose communication or messaging or social networking platform.
The foregoing matters will herein be referred as "Prohibited Uses" under these Terms.
Notwithstanding anything contained to the contrary in these Terms, Oases denies and disclaims any liability to any person, including but not limited to any claims alleging negligence, breach or threatened breach) in contract, tort, representations, warranties for any specific, incidental, consequential, direct, indirect, punitive or exemplary damages, unless specified in writing (including but not limited to any losses that may occur with respect to data, profits, financial or any other economic loss) arising out of or in connection with these Terms, irrespective of whether Oases has been advised or knew of the possibility of such damages or not, and regardless of the cause of action.
The liability with respect to damages to Users shall be limited to as much as the law shall permit, and shall exceed the service fee actually received by Oases from such Users for a period of twelve (12) months, under any circumstance.
The Offerings are provided on an "AS IS" and "AS AVAILABLE" basis to Users. To the full extent permitted by law, Oases disclaims all representations and warranties, whether express or implied, written or oral, as per the applicable law or in equity, in connection with the Offerings and any other matter as stated in these Terms, including but not limited to, any information, content, statements, omissions, representations or warranties of title, non-infringement, merchantability, usage, security, uptime, reliability, suitability or fitness for any particular purpose, technical quality of any code or software relating to the Offerings. User further acknowledges and agrees that the use, sale or purchase of the Offerings is solely at the User's own risk.
Oases has no responsibility and undertakes zero liability for the Collectibles developed, sold, purchased or transacted by Users on the Oases platform. Oases does not make any representations or warranties as to the authenticity, novelty, uniqueness, marketability, legality or value of any Collectible developed, sold, purchased or transacted by Users on the Oases Platform.
Any and all information provided by or on behalf of Oases is purely for the purposes of gaining knowledge about the relevant subject and should not be interpreted as professional, financial or legal advice. Users shall not take any action based on or relying upon any information, statements, content or otherwise provided by or on behalf of Oases. Users shall make any financial, legal, or other decisions involving the Offerings solely at their own risk. Prior to making any decisions involving Offerings, Users may seek professional, legal or financial advice independently, from any persons so licensed and qualified in the area for which such advice would be appropriate.
6.5 Third-Party Offerings and Content
Certain parts of the Oases platform may display, include or make available content, data, information, applications, materials, references or links to third-party resources, products, services or content, including smart contracts developed or operated by third parties. In addition, the Oases platform may display, include or make available third party offers or promotions in connection with the Offerings. Oases does not make any representations or warranties and doesn't claim any liability with respect to any resources, products, services, content or promotions developed, controlled, generated or financed by third parties. Accessing any such resources, products, services or content or participating in any such promotions is done solely at the User's risk.
Users further waive and release Oases from all liability arising from any third party resources, products, services or content or participation in any such promotions. User further acknowledges and agrees that Oases is not liable for any damage or loss or anticipated damage or loss due to reliance on any third party resources, products, services, content or promotions.
(a) Use of Blockchain Technology.The Oases platform makes use of certain technologies that employ cryptographic operation and the blockchain, including ancillary technologies such as tokens, cryptocurrencies, "smart contracts," consensus algorithms, voting systems, and distributed, decentralized or peer-to-peer networks or systems for the performance of the Services. Each User agrees and acknowledges that blockchain technology and its use is new, experimental, and speculative and, as such, there is significant uncertainty regarding the use, operation, effects and risks thereof and the application of any existing law thereto.
(b) Potential Risks Regarding Use of Blockchain Technologies.The blockchain technology made use of in developing the Offerings relies on public peer-to-peer networks such as Ethereum, which are not controlled, owned, or operated by Oases, in any manner and are, as such, subject to risks and uncertainties depending on a myriad of factors. These technologies include the Oases DEX System, over which Oases has limited or no ability to control or alter other than ceasing to support certain "smart contracts" and implementing support for new "smart contracts". The security and protection of the private key of the respective blockchain address used to partake in the Offerings is the sole responsibility of the Users. Oases does not have any control over and, as such, shall not restore or issue any refund with respect to any Collectibles due to loss or theft of private keys. If a User is not able to spend, purchase, trade or use a Collectible due to loss or theft of the private key a User will not be able to exercise their rights associated with such Collectible.
(c) Potential Risks regarding use of Smart Contract Technology.The Oases Platform's collectibles and other digital assets rely on the Oases DEX System or other Ethereum smart contracts, which may be created or deployed by third parties other than Oases. The code of smart contracts, including those generated via the Oases DEX System, cannot be modified once they have been deployed to the blockchain (i.e., Ethereum). There is a risk of total loss and forfeiture of all Collectibles and any digital assets on the Oases platform if the Oases DEX System or other smart contracts are adversely affected by bugs, defects, malfunctions, hacks, theft, attacks, negligent coding or design choices, or changes to the Ethereum protocol rules. Except as specifically stipulated in these Terms or as required by applicable legislation, Oases is not responsible or accountable for any of the aforementioned.
(d) Asset Prices.The fiat-denominated prices and value in public markets of assets such as ETH, NFTs, and Collectibles are subject to dramatic market fluctuations and are highly volatile in nature. Blockchain technology and underlying assets are relatively new and are not widely accepted as a means of payment for goods and services. A large portion of demand for these assets comes from investors seeking bigger portions of profit from holding these blockchain assets. The market value of any ETH, NFT, or Collectible is volatile in nature and, as such, may fall lower than its purchase value. The costs, value, and speeds of processing transactions with blockchain technology-based systems such as Ethereum are variable and may increase or decrease dramatically at any time, leading to the inability to access or use any blockchain-based digital assets associated with the Oases Platform. Users further accept and recognize that Oases is not responsible or liable for any losses or damages incurred as a result of the aforementioned market swings and unknown events.
(e) Legal Implications.The Oases Platform, NFTs and Collectibles could be adversely impacted by regulatory or legal actions, audits, suits, investigations, claims, fines or judgments, laws, rules or orders, which could affect the ability of the User to access such assets and technologies.
(f) Cryptography Risks.Theft, loss, or inaccessibility of Ethereum, the Oases Platform, NFTs, and Collectibles may be threatened by improvements in code cracking or technological improvements such as the creation of quantum computers. Users agree and acknowledge that Oases is in no way responsible or liable for any losses or damages that may occur as a result of the foregoing.
(g) Fork Handling."Forks" may occur in Ethereum, the Oases DEX System, NFTs, and Collectibles, when any or all users of a blockchain system's software clients accept a new client or a new version of an old client, that:
(i) updates the protocol rules in a backward-compatible or backward-incompatible fashion, affecting the method in which transactions are added to later blocks, the inclusion of later blocks in the blockchain, and other aspects of the protocol's future operation; or
(ii) reorganizes or modifies previous blocks in order to alter the blockchain's history. Some forks are "contentious," resulting in two or more equally valid or genuine alternate versions of the protocol or blockchain that can be characterized as continuations of the originalOases will not be able to foresee, govern, operate, or influence the incidence or outcome of forks, and will bear no responsibility, liability, or obligation in this regard. Oases further disclaims any responsibility, duty, or liability for notifying a User of pending, threatened, or completed forks. Oases will respond to any forks in its full and absolute discretion, and Oases will have no duty, obligation, or liability to a User if such response (or lack thereof) is to the User's detriment.Notwithstanding the foregoing, Oases' may respond to a fork in the following manner:(i) honoring the Oases DEX System, Collectibles and NFTs on Ethereum;(ii) any other response, policy or procedure, as determined by Oases in its sole and absolute discretion.Oases retains the right to associate just one NFT with the relevant metadata that makes up the Collectible, disregarding duplicates of the NFT that may exist on the Ethereum blockchain following a fork. It is the total and complete duty of the User to keep aware of and informed about any potential forks, as well as to manage his or her own interests in connection with them.
(h) Third-Party Software Reliance.The Oases DEX System and other Ethereum smart contracts are public software networks that may be accessed either directly through an Ethereum node (such as Infura) or indirectly through any compatible Ethereum "wallet" application (such as the Metamask web browser plugin) that communicates with one. While using the Oases Apps does not require interaction with the Oases DEX System, it does provide an easily readable and understandable method of visualizing data (such as Collectible Metadata) from the Oases DEX System and generating standard transaction messages that can be used with the Oases DEX System. Because the Oases platform does not provide Ethereum wallet software or Ethereum nodes, they become a necessary third-party without which the Oases Platform would not function and NFTs, Collectibles, and other digital assets would not be able to be traded, acquired, or utilized. Furthermore, Collectible Descriptors that characterize the art and text of a Collectible must be stored outside of Ethereum on the IPFS system via an Oases-managed IPFS node; however, Oases cannot guarantee the continued operation or use of such IPFS node, as well as the authenticity and the continued presence of data on IPFS.
The disclaimers, warranties and limitations of liability provided in these Terms shall apply to the full extent permitted by the applicable law to Users depending on the laws in those specific jurisdictions where such Users may reside.
The Oases platform is developed and owned by L2LAB FOUNDATION LTD.(hereinafter referred to as the "L2LAB"). L2LAB and/or the third-party licensors, if any, shall be the sole and exclusive owner of all rights, title interests and intellectual property rights arising from the application, including, but not limited to all data, files, materials, products, algorithms, software programs (including source code and compiled code), computer programs, business plans, market plans, know-how, inventions, discoveries, patent, designs, customer information, trademarks, designs etc.) are owned by L2LAB or such third-party licensors. Users shall have access to the Oases platform on a revocable basis thereby not gaining any rights, title, or interest in the platform itself. No person or User shall use, modify, decompile, reproduce, integrate, tamper, publicly disseminate, alter, distribute, issue or publicly publish the above-mentioned contents.
Users shall take immediate measures to remedy the damage caused as a result of any infringement. Remedies may be monetary in nature thereby compensating Oases for all losses suffered as per applicable laws and in equity. Users further agree and acknowledge that monetary remedies may not be sufficient and, as such, Users shall take all necessary measures to limit the impact of infringement caused by stopping all such activities that may have led to the infringement of IP.
User agrees to indemnify, remedy L2LAB (and each of its officials, directors, members, employees, representatives, and associates) against all claims, action, damage, loss, cost, or expense, including reasonable attorneys' fees, arising out of or pertaining to (a) User's use of, or conduct in connection with the Services; (b) User's violation of these Terms or any other applicable L2LAB policy or contract; or (c) User's violation of any rights of any other person or entity.
The validity, interpretation, modification, execution, and dispute resolution of this Agreement shall be governed by the laws of Singapore. In case of the lack of relevant legal provision, general international business practice and/or industry practice shall be relied upon.
(a) All disputes, controversies, and claims (hereinafter collectively referred to as "Dispute(s)") arising from or related to this Agreement including but not limited to the violation, suspension, interpretation, existence or validity of this Agreement are all matters that shall be settled by both parties through mutual negotiation. If the two parties fail to reach an agreement, each party hereby irrevocably and unconditionally submits to the jurisdiction of the courts of Singapore for the purpose of any suit, action or other proceeding arising out of or based upon this Agreement.
(b)The User understands and acknowledges the characteristics of the Internet without borders, and agrees to comply with all applicable areas related to Internet services (including the place where the service is provided, where the User is located, etc.), including but not limited to the use of services and networks Including but not limited to laws and regulations governing output technology and data transmission.
In case of any potential legal dispute, claim or cause of action that may arise on the part of the User against Oases, the User shall prior to initiating legal proceedings of any kind, send a Legal Notice to Oases by sending an email to [email protected] describing the nature of the potential dispute, claim or cause of action and providing all relevant documentation and evidence thereof.
Users agree and acknowledge that any permissible action or suit regarding any Dispute shall be conducted in the Users' individual capacities only and not as a class action or other representative action, and the Users expressly waive their right to file a class action or seek remedy on a class basis.
Provided, however, a court or arbitrator determines a final and binding award, order, judgment or decree that the class action waiver provided for in this Section 7.3 is void or unenforceable under applicable law and the arbitration or suit may be enforced as a class action, then the foregoing waiver clause shall be deemed void and the parties shall be deemed not to have agreed to such a waiver. If, as per applicable laws, any Dispute is non-arbitrable in nature, the parties hereby agree to submit to the sole and exclusive jurisdiction of the courts of Singapore and to accept service of mail in respect of such Dispute and hereby waive any and all defenses of jurisdiction and maintainability in respect of such Dispute.
The headings and subheadings in these Terms are for ease of understanding and for reference purposes and should not be regarded as part of these Terms and, as such, do not have any legal or contractual effect.
The User may not assign or transfer any of the User's rights, duties or obligations under these Terms to any other person without the prior written consent of Oases, which may freely assign, transfer or delegate its rights, obligations and liabilities under these Terms to the fullest extent permitted by applicable law. All such permitted assignees, successors, and transferees shall abide by the duties and obligations mentioned in these Terms in the same manner as the User itself.
In case any of the clauses of these Terms, their use, application and implementation shall be deemed to be void, illegal or unenforceable as per applicable law by any arbitrator, or court of competent jurisdiction then such void, illegal or unenforceable clause, as determined, shall be severed from these Terms and the remainder of the Terms shall be applicable unencumbered. Oases reserves the right to alter, change, add or remove to these Terms, any provisions, to indicate the original intentions of the parties in an acceptable manner to the maximum extent possible in order to consume the transactions contemplated herein as originally contemplated.
In case Oases is not able to perform any of its rights, duties or obligations as per these Terms due to unforeseen events that are beyond its control (including but not limited to acts of any governmental authority, acts of God, war, terrorism, any epidemic or pandemic, an unforeseen intrusion, malfunction, attack or hack of the Internet, Etherium, Oases DEX System, consensus attack, DOS attack, or other attacks on the software, networks and infrastructure that restricts the ability of Oases to provide Services, or any other such unforeseen event), Oases shall not be liable for such non-performance. Provided that Oases must exercise commercially reasonable efforts to resume performance as soon as reasonably practicable under the given circumstances.
Oases shall have the right, in its sole and absolute discretion, to amend, change, alter or supplement these Terms from time to time. The latest version of these Terms shall be available on the Oases' website. All changes, modifications, alterations and supplements shall be effective as soon as they are posted on the Oases website. It is the sole responsibility of the User to get acquainted with the updated Terms without the requirement of receiving any notice of a change in these Terms. Continued use of the Oases platform, including use of Offerings, is implied acceptance of these Terms. In case a User does not agree with any of the Terms, whether updated or not, they shall immediately stop using the Oases platform, including Offerings.
Oases' failure or delay in exercising any authority, right, privilege, or remedy under these Terms does not imply a waiver of any kind. The aforementioned does not restrict Oases from exercising any other power, right, privilege, or remedy that it may have in the future. Oases will not be deemed to have waived any claim arising out of these Terms, or any authority, right, entitlement, or remedial measures under these Terms, unless the waiver is explicitly set forth in a written agreement duly executed and delivered on behalf of Oases as per specific instances so mentioned in the agreement.
These Terms constitute the entire agreement between the Users and Oases and supersede all prior or contemporaneous written and oral agreements and understandings between the Users and Oases with respect to the subject matter hereof.
(a) The words "these Terms", "herein", "hereunder", "hereby" shall, unless otherwise stated, be construed as referring to these Terms as a whole and not to any particular provision of these Terms.
(b) "including" and "includes" shall be construed as followed by the words "without limitation";
(c) "or" shall, unless the context otherwise requires, be construed as "includes or" and not "exclusively or".
(d) In interpreting these provisions, no rule of interpretation shall apply to the detriment of the drafting party, i.e., ambiguity shall be resolved.
(e) Wherever the context requires: the singular shall include the plural and vice versa; the masculine shall include the feminine and the neuter; the feminine shall include the masculine and the neuter; the neuter shall include the masculine and the feminine; and(f) unless otherwise stated, all references in these Terms to "Sections," "Clauses," etc. are references to Sections, Clauses, etc. in these Terms.