Terms of Use
Updated as of 14.10.2022
These Terms of Use (“Terms”) apply to your access to, and use of, the websites of AuroraDAO ltd., PO Box 4301, Trinity Chambers, Road Town, Tortola, VG1110, British Virgin Islands and its affiliated and subsidiary companies (“Aurora”, “AuroraDAO”, “we”, “us” or “Company”), including www.aurora.dev (“Website”).
These Terms do not alter the terms or conditions of any other agreement you may have with Aurora for products, services, or otherwise (collectively, “Agreement”). To the extent there is a conflict between any Agreement and these Terms, the terms of the Agreement shall prevail.
Aurora reserves the right to change or modify these Terms at any time deliberately and without prior specific notice to you. Aurora immediately informs you at the top of these Terms when such changes or alterations are made. Your continued use of the Website will be understood as your acceptance of such changed or altered Terms.
Aurora maintains the right to change, suspend, or terminate the Website or any portion of the Website or Services, as well as to restrict or prevent your future access to and use of the Website, without prior notice to you and at its sole discretion.
1. Aurora protocol and ecosystem
Aurora is an Ethereum Virtual Machine, that delivers a turn-key solution for developers to operate their apps on an Ethereum-compatible, high-throughput, scalable and future-safe platform, with low transaction costs.
The term "Ethereum Virtual Machine" refers to Aurora's ability to run smart contracts and determine the Ethereum network's status upon adding a new block to the chain.
Aurora provides opportunities for users to use decentralized applications (hereafter referred to as “dApps”) and for developers to onboard their dApps and use the perks of Aurora protocol and the Ethereum network.
2. Ecosystem dApps
There are multiple dApps that have launched on Aurora, in this regard you can see additional details here https://aurora.dev/ecosystem. Please note that the Company will not be held liable for any actions of the dApps that have launched on Aurora and that provide services, in this regard see more in section 18. Limitation of Liability.
3. AuroraDAO
AuroraDAO is a decentralized autonomous organization that governs the Aurora protocol.
AuroraDAO has Council Members, who will vote on high-level decisions related to the operations and incentives of the network and will authorize and direct subordinate organizations to achieve those objectives.
The Council Members are a group of dedicated AuroraDAO community members elected by the Aurora community. The Council members hold their position for a limited period. The liability of the Council Members is limited with respect to the high-level decisions that they vote on, see more in Limitation of Liability.
The Aurora community is represented by a pool of Aurora token holders who can make proposals for the development of the Aurora Ecosystem.
Taxes and legal compliance are the community’s own responsibility. Nothing published or claimed by AuroraDAO, or its Council Members constitute legal or tax advice.
The governance mechanism (“Governance”) is provided by AuroraDAO. Aurora Community can elect Council Members who will represent them in the Governance of AuroraDAO. Participation in the election of Council Members requires at this moment staking of the Tokens in order to receive VOTE Tokens, more information is available at: https://aurora.dev/blog/aurora-vote-token
You acknowledge and agree that Aurora and its subsidiary and affiliates do not impact the decision-making process of AuroraDAO. You understand that the decision-making process is based on a simple majority vote system.
You agree and acknowledge that you cannot propose any unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent, false, misleading, or otherwise objectionable proposals. In other cases, your usage of the Website and Governance may be suspended or blocked at the community’s proposal.
To get to know more information about AuroraDAO, please visit https://forum.aurora.dev/c/auroradao
4. Tokens
AuroraDAO approved the creation of the official project governance token called Aurora Tokens (the “Tokens”), more information is available at: https://aurora.dev/tokenomics.
When you purchase or otherwise receive, the Tokens, you may only do so by accepting the following conditions, and, by doing so, you warrant and represent that the following are a true and accurate reflection of the basis on which you are acquiring the Tokens:
- neither the Company nor any other person has provided you with any advice regarding whether the Tokens are a suitable investment for you;
- you have sufficient understanding of the functionality, usage, storage, transmission mechanisms, and intricacies associated with cryptographic tokens as well as blockchain-based software systems generally;
- you are legally permitted to receive and hold and make use of Tokens in your and any other relevant jurisdiction;
- you take sole responsibility for any restrictions and risks associated with receiving and holding the Tokens;
- by acquiring the Tokens, you are not making a regulated investment, as this term may be interpreted by the regulator in your jurisdiction;
- to the extent permitted by law and provided we act in good faith, the Company makes no warranty whatsoever, either expressed or implied, regarding the future success of the Tokens and/or the Ethereum Network/ or the Near/Aurora Protocols, where the Tokens are operated;
- you accept that you bear sole responsibility for determining if (i) the acquisition, allocation, use, or ownership of the Tokens (ii) the potential appreciation or depreciation in the value of the Tokens over time if any, (iii) the sale and purchase of the Tokens; and/or (iv) any other action or transaction has tax implications.
In addition to the above and with respect to Aurora Futures Tokens, you acknowledge and agree that Aurora Futures Token is provided on an “as is” and “under development” basis. AuroraDAO does not invite or make any offer to acquire, purchase, sell, transfer or otherwise deal in this Aurora Futures Token. You use Aurora Futures Token at your own risk. To learn more about Aurora Futures Token, visit https://aurora.dev/futures.
5. Grants
Aurora provides a Fast Grant Program which allows growing users' projects in the Aurora Ecosystem. Under the Fast Grant Program, the project receives funding (expressed in Tokens), and support (consulting, acceleration, and cross-connection with other ecosystem projects).
The Fast Grant Program is conducted by AuroraDAO Ltd. To get to know more about the Fast Grant Program, visit https://aurora.dev/grants.
6. Forum
The Forum is a platform created by Aurora for users to participate in and drive discussions across the Aurora Ecosystem.
AuroraDAO gives you permission to use the Forum subject to these terms. Everyone needs to agree to these terms to use the Forum. These Terms apply to your usage of the Forum to the fullest extent.
To get to know more information about Aurora from the Forum, visit https://forum.aurora.dev/
7. Risk
You acknowledge and agree that the blockchain technology and the associated assets are highly volatile due to many factors including but not limited to popularity, adoption, speculation, regulation, technology and security risks.
You understand that the blockchain technology and the associated assets involve a high degree of risk and there is always the possibility of loss, including the loss of all digital assets.
AuroraDAO does not invite or make any offer to acquire, purchase, sell, transfer or otherwise deal in any crypto asset. Third parties may provide services involving the acquisition, purchase, sale, transfer or exchange of crypto-assets, however Aurora does not provide any such service and does not undertake any liability in connection thereto. You acknowledge and agree these risks and represent that AuroraDAO cannot be held liable for changes and fluctuations in value or increased costs.
There are risks associated with using a digital currency (virtual assets), including, but not limited to, the risk of hardware, software and internet connection failure or problems, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet.
You understand and recognize that Aurora is not liable for any communication failures, disruptions, mistakes, distortions, or delays you may encounter when using the Website, Governance, or any other sidechain or similar device for transaction processing, regardless of the reason.
8. Entitlement
By entering and using the Website, you represent and warrant that you have not previously been suspended or blocked from the Website.
You further represent and warrant that you will not use the Website if the laws of your jurisdiction prohibit you from doing so in accordance with these Terms. You also represent and warrant that you are at least 18 years old and possess the legal capacity to access the Website.
9. Privacy
Before interacting with the Website and the associated elements, please get to know our Privacy Policy to understand how AuroraDAO collects, uses and discloses data about its users and third parties.
10. Intellectual Property and License
Unless otherwise indicated on the Website, the Website and all content and other materials on the Website, including, without limitation, the Aurora logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Aurora Materials”) are the proprietary property of Aurora or its licensors or users. They are protected by international intellectual property regulations.
You are granted a limited, non-sublicensable license to access and use the Website and Aurora Materials subject to these Terms.
Except as expressly permitted on the Website, in these Terms or otherwise in writing by Aurora, such license does not include:
(a) any resale or commercial use of the Website or the Aurora Materials;
(b) the distribution, public performance or public display of any Aurora Materials;
(c) modifying or otherwise making any derivative uses of the Website and the Aurora Materials, or any portion thereof;
(d) use of any data mining, robots or similar data gathering or extraction methods;
(e) downloading (other than the page caching) of any portion of the Website, the Aurora Materials or any information contained therein; or
(f) any use of the Website or the Aurora Materials other than for its intended purpose.
Any use of the Website or the Aurora Materials other than as specifically authorized herein, without the prior written permission of Aurora, is prohibited and will terminate the license granted herein.
Unauthorized usage may also be in violation of applicable laws, such as copyright and trademark laws, as well as communications rules and laws. Nothing in these Terms, whether by estoppel, implication or otherwise, shall be considered as giving any license to intellectual property rights unless expressly stated herein.
11. Trademarks
“Aurora,” “AuroraDAO”, the Aurora logos and any other Aurora product or service name, logo or slogans contained in the Website are trademarks or service marks of Aurora (the “Aurora Marks”) and may not be copied, imitated or used, in whole or in part, except as expressly permitted in these Terms or on the Website or with the prior written permission of Aurora.
Without our prior written permission, you may not use any metatags or any other “hidden text” utilizing any Aurora Marks. In addition, the visual representation of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and trade dress of Aurora and is part of the Aurora Marks and may not be copied, imitated or used, in whole or in part, without our prior written permission except as expressly permitted herein or on the Website.
All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners. Without the express consent of the appropriate trademark proprietor, they may not be reproduced, imitated, or used in whole or in part. Any reference to a product, service, process, or other piece of information, whether by trade name, trademark, manufacturer, supplier, or otherwise, does not imply our approval, sponsorship, or recommendation.
12. Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to the Website as long as the link does not portray Aurora or any of our Website in a false, misleading, or otherwise defamatory manner, and the linking site does not contain any adult or illegal material, or any material that is offensive, harassing, or otherwise objectionable.
This limited right may be revoked at any time. Without Aurora's prior written permission, you may not use any Aurora Marks or other proprietary image to link to the Website. Furthermore, without Aurora's express written consent, you may not use, frame, or employ framing techniques to enclose any Aurora trademark, logo, or other proprietary information, including the images found on the Website, the content of any text, or the layout/design of any page or form contained on a page of the Website.
Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or another proprietary right of Aurora or any Third-Party.
13. User Content
You or other users may produce, post, email, or store advertising, messages, materials, data, information, text, music, sound, photographs, video, graphics, apps, code, links, or other items or content on the Website through interactive areas ("Interactive Areas") (“User Content”). By using the Website, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Website any of the following:
- Unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent, false, misleading, or otherwise objectionable User Content;
- User Content that would constitute, encourage or provide instructions for a crime, violate the rights of any party or that would otherwise create liability or violate any local, municipal or international law;
- User Content that may infringe on others' publicity, privacy, or data protection rights, such as photos or information about another person for which you have not secured the authorization of that person;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Viruses, corrupted data or other harmful, disruptive or destructive files; or
- User Content that, in Aurora's sole discretion, is objectionable, restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website, or may expose Aurora to any sort of liability.
Aurora has no control over, assumes no responsibility for, or assumes no liability for any User Content posted, stored, or uploaded by you or any Third-Party, or for any loss or damage to it, nor is Aurora liable for any user conduct or any errors, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. When you participate in Interactive Areas, you acknowledge that some of the information and content you upload may be visible to the general public or to selected users. You are completely responsible for how you use the Website and Interactive Areas, and you do so at your own risk.
If you become aware of User Content that you believe violates these Terms, you may report it by emailing at [email protected]. Enforcement of the Terms, however, is solely at our discretion, and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any Third-Party or any reasonable expectation or promise that the Website will not contain any content prohibited by the Terms. Although Aurora has no obligation to screen, edit or monitor any of the User Content posted on the Website, Aurora reserves the right and has absolute discretion to remove, screen, or edit any User Content posted or stored on the Website at any time and for any reason without notice.
At your own responsibility and expense, you are entirely responsible for making backup copies and replacing any User Content you post or keep on the Website. Any use of the Website in violation of these Terms may result in your rights to access the Interactive Areas and the Website being terminated or suspended, among other things.
Aurora claims no ownership or control over any User Content unless expressly stated below, on the Website, or in a separate agreement (such as the terms of an Aurora contest). If you submit User Content to the Website, you give Aurora a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Content on our and third-party websites. When you remove your User Content, this license will expire, save for any off Website uses that have already occurred and any cached or archived uses that may still exist after User Content has been removed.
You release Aurora and its agents and employees from any claims that such use infringes any of your rights, as mentioned above. You accept that you will not be entitled to any further remuneration for any use of your User Content.
By posting User Content to the Website, you represent and warrant that:
(a) such User Content is non-confidential;
(b) you own and control all of the rights to the User Content, or you otherwise have the right to post and use such User Content and to grant the rights to Aurora that you grant in these Terms;
(c) the User Content is accurate and not misleading or harmful in any manner; and
(d) the User Content, and your use and posting thereof in connection with this Website, does not, and will not, violate these Terms or any applicable law, rule, or regulation.
14. Feedback
You acknowledge and agree that any materials you send to Aurora or the Website, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information (collectively, "Feedback"), are non-confidential and will become Aurora's sole property.
Aurora shall hold the exclusive rights to the Feedback, including all intellectual property rights, and will be free to use and distribute it for any purpose, commercial or otherwise, without acknowledgment or remuneration to you.
15. Third-Party Content
Aurora and its users may provide third-party content on the Website and may provide links to web pages and content that are not owned or controlled by Aurora, including but not limited to any third-party advertisements or promotions (collectively the “Third-Party Content”) as a service to those interested in this information.
Aurora has no control over, endorses, or adopts any Third-Party Content, and makes no representations or warranties of any kind about it, including, without limitation, its accuracy or completeness.
You acknowledge and agree that Aurora is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk.
Any business transactions or communication you have with third parties, as well as any terms, conditions, warranties, or representations connected with such deals or promotions, are solely between you and such third parties. Such transactions can somehow be prioritized by third parties.
Aurora is not liable for any loss or damage of any kind caused as a consequence of any such transactions or promotions, or the inclusion of such Third-Party Content on the Website.
16. Indemnification
You agree to defend, indemnify and hold harmless Aurora, its independent contractors, service providers and consultants, and their respective directors, employees, and agents from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to:
(a) your use of the Website;
(b) any User Content or Feedback you provide;
(c) your violation of these Terms;
(d) your violation of any rights of another; or
(e) your conduct in connection with the Website.
Because consumer indemnities are limited in some countries, some or all of the indemnity rules above may not apply to you.
If you are obligated to indemnify us, we shall have the right to control any action or process and decide whether or not we want to settle it and, if so, on what terms.
17. Warranties
Aurora provides no guarantee for the performance or the uninterrupted availability of the Site or the Aurora materials. The Site and Aurora Materials are provided on an “As is” and “As Available” basis without warranties of any kind, whether express or implied. As to the site and the information, content, and material contained within, Aurora disclaims all warranties, explicit or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Aurora makes no representations or warranties about the accuracy, completeness, reliability, safety, or error-free nature of Aurora Materials or the site.
While Aurora makes every effort to ensure that your access to and use of the Site is safe, Aurora cannot and does not guarantee that the Site or its servers are virus-free. As a result, to identify and remove viruses from any download, you need to utilize industry-recognized software.
Aurora maintains the right to make changes to the Website’s content at any time and without prior notice. Any mention of a product, service, process, or other information, whether by trade name, trademark, manufacturer, supplier, or otherwise, does not indicate Aurora's endorsement, sponsorship, recommendation, or any association with it.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
18. Limitation of Liability
We will not be liable for any damages resulting from the use of or inability to use the services, including but not limited to reliance by a user on any information obtained from the services, or from mistakes, omissions, interruptions, deletion of files, or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or any other cause. You understand and agree that this paragraph applies to all material, goods, and services made available through the services.
Aurora will not be liable for any indirect, incidental, special, or consequential damages resulting from the use of the services or the purchase of any real or virtual product from that location, even if Aurora has been informed of the possibility of such damages.
Implied warranties and the exclusion or restriction of certain damages are not limited by certain state laws. If these laws apply to a user, some or all of the disclaimers, exclusions, or restrictions listed above may not apply, and the user may have additional rights.
Non-Liability of Council Members. To the extent the Council Members are acting in their capacity as such, then they will not have any obligation or legal or other liability whatsoever to you or any Third-Party in connection with these Terms, including without limitation, with respect to the Council Member's approval or non-approval of any matter, exercise or non-exercise of any right or taking off or failing to take any other action in connection therewith.
19. Amendments to the Website
Aurora maintains the right to alter or discontinue the Website or any features or sections thereof, temporarily or permanently, without notice. You acknowledge that Aurora will not be responsible if the Website or any part of it is modified, suspended, or discontinued.
20. Applicable Law
The laws of the British Virgin Islands shall govern and construe these Terms and your use of the Website, without regard to any conflict of law provisions.
You agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the British Virgin Islands courts, and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Terms at this time.
21. Severability
These Terms are meant to be severable in essence. If any provision of these Terms is found to be invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction to the extent of such invalidity or unenforceability, without affecting the validity or enforceability of the remaining provisions of these Terms in that jurisdiction.