Terms of Use
LAST UPDATED: August 7 2024
By using the Yield Fan website, its subdomains, any information available within the Site (collectively the "Website"), or supporting information made available by the Foundation, you agree to be bound by these Terms of Use. If you do not agree to the Terms of Use, do not use the Website. The Website is provided by Blockworks Foundation (“we”, “us”, “our”, or “The Foundation”), a non-profit foundation incorporated in Panama.
The Foundation reserves the right, at its sole discretion, to amend, change, modify, add or remove portions of these Terms of Use at any time.
We may change these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms of Use through the Site and Website. Except as required by Panamanian law, or as stipulated within the revised terms themselves, all terms are effective upon their incorporation in a published update to the Terms of Use. Your continued use of the Website following the published updates to the terms will mean that you accept and agree to the changes. Users are encouraged to regularly review the Terms of Use prior to using the Website to verify the current terms and their willingness to be bound by said terms.
NOTICE ON PROHIBITED USE: Persons or entities who reside in, are citizens of, are located in, are incorporated in, or have a registered office in any restricted territory, may not use the Website. The following territories are restricted: Crimea, Cuba, Iraq, Iran, North Korea, and Syria. Individuals included on any sanctions list or equivalent maintained by the United States government, the United Kingdom government, the European Union, or the United Nations, may not use the Website. Additionally, persons within non-restricted territories are barred from using the Website in furtherance of illegal or platform-disruptive activity, or where prior criminal conviction restricts their engagement in financial transactions or limits their use of computers, telephones, or other technologies essential to platform participation. Utilizing a third-party actor or agent, to act or take actions on your behalf to circumvent the restrictions set forth herein is prohibited.
By accessing or using the Website, you acknowledge that you have attained the age of legal majority in your jurisdiction, are of sound and sober mind, and are legally able to contract on your own behalf and on behalf of any entity on whose behalf you are authorized to act.
By accessing or using the Website, you understand and agree that The Foundation does not provide brokerage, custody, exchange, execution, settlement, or clearing services of any kind and is not responsible for the brokerage, custody, exchange, execution, settlement, or clearing of transaction. You further acknowledge that The Foundation is not a fiduciary, and does not owe you a fiduciary duty. Cryptocurrency asset prices displayed on the Website are not guaranteed to represent market best pricing or best execution. Assets listed on the Website have not been approved or endorsed by the Foundation. Any and all information provided on the Website is provided as an aid to your own independent research, and The Foundation makes no representation or warranty as to the accuracy or completeness of said information.
THESE TERMS OF USE CONTAIN AN ARBITRATION PROVISION. ALL DISPUTES ARISING UNDER THESE TERMS OF USE SHALL BE SETTLED IN INDIVIDUAL BINDING ARBITRATION. ENTERING INTO THESE TERMS OF USE CONSTITUTES A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY, PARTICIPATION IN A CLASS ACTION LAWSUIT, AND PARTICIPATION IN CLASS ARBITRATION.
1. Accessing the Website
The Foundation grants you a revocable, non-exclusive, non-transferable, limited license to view and use the Website in accordance with these Terms of Use. This is the grant of a license, not a transfer of title, and under this license, you may not:
modify or copy the Website;
remove any copyright or other proprietary notations from the materials; or
This license shall automatically terminate if you violate any of these restrictions, and may otherwise be terminated by The Foundation at any time at The Foundation’s sole and non-reviewable discretion.
You are solely responsible for managing and maintaining the security of any information relating to your use of the Website and agree that The Foundation shall not be held responsible for any unauthorized access to the Website or any resulting harm you may suffer.
We may close, terminate, enable, or disable, any or all of the Website, or your access to the Website at any time, without liability, and for any reason. Advanced notice may not be provided except as required under Panamanian law.
2. Non-Custodial Nature of Yield Fan and the Website
The Foundation does not facilitate or provide brokerage, exchange, payment, escrow, remittance or merchant services. The Foundation is not a broker/dealer or a provider of securities services, and is not registered with the SEC or similar securities regulators in other jurisdictions. The Foundation is not a depository institution and is not registered with or insured by any governmental agency. Your tokens are stored in a digital wallet you control, and over which The Foundation exercises no control. Though multiple wallets are supported, The Foundation does not recommend any particular wallet. The onus is on the user to select an appropriate wallet to utilize in connection with Yield Fan, and to take all proper steps to ensure the security and integrity of said wallet.
Yield Fan utilizes a permissionless system, meaning that user activity is not subject to review or approval by The Foundation, nor are assets screened before listing or subject to removal. The Foundation makes no representations as to the liability or prudence of using third party services and is not responsible for any technical shortcomings of third-party programs, errors arising from user installation or configuration, or other security vulnerabilities caused by software deployments or hardware environments controlled or configured by the user. Any information provided by the Foundation are offered as-is, with no representation that they are free from technical error. Users making use of the Website do so at their own risk, and are advised to proceed with caution.
In connection with your use of the Website, you are required to pay all fees necessary for interacting with certain blockchain networks, including, without limitation, the Solana blockchain. Such fees may include “gas” costs, as well as all other fees reflected Website at the time of your activity, including trading fees and network access fees. The Foundation cannot assist in the recovery of fees from transactions you execute improperly, and/or any fees paid to third parties for the use of resources said parties supply to the blockchain.
3. Disclaimer
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE FOUNDATION DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM INTEGRATION, TITLE, NON-INFRINGEMENT, AND/OR QUIET ENJOYMENT, AND ANY WEBSITE PROVIDED BY THE FOUNDATION ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOU HEREBY ACKNOWLEDGE THAT ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE) ARE MADE FOR THE BENEFIT OF BOTH THE FOUNDATION AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND REPRESENTATIVES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. BY ENTERING INTO THESE TERMS OF USE, YOU REPRESENT THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION OR WARRANTY OF THE FOUNDATION OR ITS AFFILIATES, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF USE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE WEBSITE SHALL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
While the Foundation will try to maintain the timeliness, integrity, and security of the Website, you understand that we cannot and do not guarantee or warrant that the Website, and any files available for downloading from the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
4. Risk of Digital Assets and Decentralized Networks
Please note that all transactions involving digital assets involve risks. You should therefore carefully consider whether using the Website is suitable for you in light of your financial condition. In considering whether to hold digital assets, you should be aware that the price or value of digital assets can change rapidly, decrease, and potentially even fall to zero. Past performance is not an indicator of future performance. By utilizing the Website, you acknowledge that you are able to incur a complete loss of monies or amounts paid without impairing your financial condition, and you are able to bear the entire economic risk of using the Website for an indefinite period of time.
We are not responsible for any digital asset market and we make no representations or warranties concerning the real or perceived value of digital assets as denominated in any quoted currency. Although we may provide historical and/or real-time data regarding the price of digital assets, we make no representations regarding the quality, suitability, truth, usefulness, accuracy, or completeness of such data, and you should not rely on such data for any reason whatsoever. You understand and agree that the value of digital assets can be volatile, and we are not in any way responsible or liable for any losses you may incur by using or transferring digital assets in connection with the Website. Digital assets which may be referenced on the Website have not been reviewed by The Foundation, and The Foundation makes no representation as to the quality, safety, legality, or any other aspect of any digital assets that you may transfer to or from a third party. You acknowledge that The Foundation, through the Website is not offering or executing exchange services but is merely providing a digital interface through which you can engage with the blockchain directly to exchange assets at your sole discretion and of your own accord, subject to other limitations stipulated within these Terms of Use.
You acknowledge that it is your duty to ensure correct information is inputted for any and all trades you initiate which you directly execute on the blockchain. At no point does The Foundation take custody of digital assets being traded, and consequently The Foundation is unable to assist in digital asset retrieval caused by user error. You further acknowledge that we are not responsible for any loss of your digital asset resulting from theft, loss, or mishandling of digital asset private keys outside our control. You must take sufficient steps to safeguard seed phrases, private keys, 2FA devices, and all other user-controlled assets that are vulnerable to hacking or theft.
We do not provide investment advice and any content contained on the Website should not be considered as a substitute for tailored investment advice. The contents of the Website should not be used as a basis for making investment decisions.
5. Accuracy of Website and Third Party Content.
We endeavor to verify the accuracy of any information displayed, supplied, passing through, or originating from the Website, but such information may not always be accurate or current. Accordingly, you should independently verify all information before relying on it, and any decisions or actions taken based upon such information are your sole responsibility.
We make no representation or warranty of any kind, express or implied, statutory, or otherwise, regarding the contents of the Website, information, and functions made accessible through the Website any hyperlinks to third-party websites, or the security associated with the transmission of information through the Website or any website linked to the Website.
In using the Website, you may view content provided by third parties, including links to web pages of such parties (“Third Party Content”). We do not control, endorse, or adopt any Third Party Content and have no responsibility for Third Party Content, including, without limitation, material that may, among other things, be inaccurate, misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable in your jurisdiction. In addition, your dealings or correspondence with such third parties are solely between you and the third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings, and your use of Third Party Content is at your own risk and is subject to any additional terms, conditions, and policies applicable to such Third Party Content (such as terms of use or privacy policies of the providers of such Third Party Content). We have no obligation to monitor Third Party Content, and we may block or disable access to any Third Party Content (in whole or in part) through the Website at any time.
6. Limitation of Liability
IN NO EVENT SHALL THE FOUNDATION, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE THE WEBISTE, OR THESE TERMS OF USE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE FOUNDATION HAS BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FOR EXAMPLE (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SAID JURISDICTIONS, ALL LIMITATIONS OF LIABILITY PERMITTED BY LAW REMAIN IN EFFECT.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL WE BE REQUIRED TO DELIVER TO YOU ANY VIRTUAL CURRENCY AS DAMAGES, MAKE SPECIFIC PERFORMANCE OR ANY OTHER REMEDY.
THE FOUNDATION SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED IN WHOLE OR IN PART BY (A) UNSUPPORTED SOFTWARE OR HARDWARE USED IN CONNECTION WITH THE WEBSITE; (B) THE MALFUNCTION, UNEXPECTED FUNCTION OR UNINTENDED FUNCTION OF ANY COMPUTER OR CRYPTOCURRENCY NETWORK, INCLUDING WITHOUT LIMITATION LOSSES ASSOCIATED WITH NETWORK FORKS, REPLAY ATTACKS, DOUBLE-SPEND ATTACKS, SYBIL ATTACKS, 51% ATTACKS, GOVERNANCE DISPUTES, MINING DIFFICULTY, CHANGES IN CRYPTOGRAPHY OR CONSENSUS RULES, HACKING OR CYBERSECURITY BREACHES; (C) THE CHANGE IN VALUE OF ANY DIGITAL ASSET; (D) ANY CHANGE IN LAW, REGULATION OR POLICY; (E) FORCE MAJEURE EVENT; OR (F) YOUR USE OR INABILITY TO USE THE WEBSITE, INCLUDING WITHOUT LIMITATION FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE TERMS OF USE HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.
7. Intellectual Property
We and our licensors and suppliers own the Website, which is protected by proprietary rights and laws. You may not use our tradenames, trademarks, services marks, or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion or harm our reputation or cause us financial or legal damages. Nothing contained on the Website should be construed as granting any right to use any trade names, trademarks, service marks, or logos without the express prior written consent of The Foundation.
You accept and acknowledge that the material and content contained in or delivered by the Website is made available for your personal, lawful, non-commercial use only and that you may only use such material and content for the purpose of using the Website as set forth in these Terms of Use.
You further acknowledge that any other use of content from the Website is strictly prohibited and you agree not to infringe or enable others to infringe upon our intellectual property rights.
Any rights not expressly granted herein to use the materials contained on or through the Website are reserved by The Foundation in full.
8. Limitations on Usage
You agree that the following conduct is not permitted on or through the Website, even if technically possible. Therefore, you must not engage in any of the following activities, and acknowledge doing so may lead to potential civil and criminal liability:
8.1. violate any applicable laws including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing laws and sanctions programs;
8.2 infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under applicable law;
8.3 misuse the intellectual property, name, or logo, including use of The Foundation's trademarks or service marks, without express consent from The Foundation, or in a manner that otherwise harms The Foundation;
8.4 engage in improper or abusive trading practices including (a) any fraudulent act or scheme to defraud, deceive, trick or misled; (b) front-running; (c) fraudulent trading; (d) accommodation trading; (e) fictitious transactions; (f) pre-arranged or non-competitive transactions; (g) cornering or attempted cornering of any relevant contracts in a market; (h) violation of bids or offers; (i) spoofing; (j) manipulative tactics, including without limitation pumping and dumping, wash trading, and tactics commonly known as "rug pulls"; (k) spoofing; (l) knowingly making any bid or offer for the purpose of making a market price that does not reflect the true state of the market; or (m) entering orders for the purpose of entering into transactions without a net change in either party's open positions but a resulting profit to one party and a loss to the other party, commonly known as "money pass";
8.5 use the Website in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Website, or that could damage, disable, overburden, or impair the functioning of the Website in any manner;
8.6 circumvent any content-filtering techniques, security measures or access controls utilized by The Foundation for platform security, system integrity, or legal compliance.
8.7 use any robot, spider, crawler, scraper, or other automated means or interface not provided by us, to collect platform data in an unauthorized or unsupported fashion, or for any purpose outside of Yield Fan's intended use;
8.8 introduce or attempt to introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Website, or to cause or attempt to cause a denial of service, distributed denial of service, or other performance degrading and disrupting system attacks;
8.9 provide false, inaccurate, or misleading information to the Foundation about your identity or otherwise seek to defraud the Foundation or any other person or entity;
8.10 impersonate another individual or entity, or make claims of agency on behalf of any person or entity on whose behalf you lack agency;
8.11 transmit or exchange the direct or indirect proceeds of any criminal or fraudulent activity, including, without limitation, terrorism or tax evasion;
8.12 buy, sell, or transfer digital assets that were stolen, fraudulently obtained, taken without authorization, or otherwise illegally obtained; or
8.13 use the Website for any other purpose that is otherwise tortious or unlawful.
The specific activities set forth in Sections 8.1 through 8.13 above are representative, but not exhaustive, of limitations on usage.
9. Indemnification
To the fullest extent permitted under applicable law, you agree to indemnify, defend, and hold harmless the Foundation, its affiliates, subsidiaries, directors, managers, members, officers, and employees, and their respective successors and assigns, from any and all claims, demands, actions, damages, losses, judgments, awards, costs, fees, or expenses, including without limitation, reasonable legal fees (collectively, “Claims”), arising out of or relating to your or any other person's use of your credentials or user account in connection with: (a) your use of, or activities in connection with, the Website; (b) your breach of these Terms of Use or any other policy; (c) feedback or Submissions you provide; (d) false, incomplete, or misleading information relied upon by us, where applicable; or (e) violation of any rights of any other person or entity, in each of the foregoing cases, to the extent such Claims do not arise out of The Foundation's gross negligence or willful misconduct. This indemnity shall apply to your successors and assigns.
10. Governing Law, Legal Disputes, and Jurisdiction
These Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Panama. For litigation arising from these Terms of Use, the parties submit to the exclusive jurisdiction of Panama. Furthermore, if any arbitration is necessary to enforce the terms of these Terms of Use, the prevailing party will be entitled to reasonable attorneys' fees and costs.
TO THE FULLEST PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT ANY CLAIM YOU MAY HAVE AGAINST US SHALL BE BROUGHT INDIVIDUALLY AND YOU SHALL NOT JOIN SUCH CLAIM WITH CLAIMS OF ANY OTHER PERSON OR ENTITY OR BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION (LITIGATION OR ARBITRATION) AGAINST US. YOU FURTHER AGREE TO EXPRESSLY WAIVE YOUR RIGHT TO A TRIAL BY JURY.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
11. Miscellaneous
Force Majeure. If by reason in whole or in part of any Force Majeure Event, either you or The Foundation is delayed or prevented from complying with these Terms of Use, then such delay or non-compliance shall not be deemed to be a breach and no loss or damage shall be claimed by you or The Foundation by reason thereof. “Force Majeure Event” means any event beyond the party’s reasonable control, including, but not limited to, flood, extraordinary weather conditions, pandemic, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, failure in bank performance, or equipment or software malfunction including network splits or “forks” or unexpected changes in a computer network upon which the Website rely.
Taxes. It is your responsibility to determine what, if any, taxes apply due to your use of the Website. Further, it is your responsibility to report and remit the correct tax(es) to any and all tax authorities towards whom such an obligation exists. The Foundation does not provide advice on tax liability in any jurisdiction, nor does it withhold or remit funds for transmission to any tax authority on your behalf.
Severability and Reformation. In the event that any provision of these Terms of Use is unenforceable under applicable law, the validity or enforceability of the remaining provisions will not be affected. To the extent any provision of these Terms of Use is judicially determined to be unenforceable, a court of competent jurisdiction may reform any such provision to make it enforceable.
Waiver. No waiver by The Foundation of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of The Foundation to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Assignment. These Terms of Use shall be binding on your successors, heirs, personal representatives, and assigns. You may not assign or transfer any of your rights or obligations without the prior written consent of The Foundation, which may be withheld at The Foundation’s sole discretion. We may assign rights or delegate duties under these Terms of Use at our sole discretion.
Relationship of the Parties. Nothing in these Terms of Use is intended to create, nor shall it create, any partnership, joint venture, agency, consultancy, or trusteeship. You and The Foundation are independent parties whose relationship is limited to the provisioning of services on an at-will basis, subject to restrictions provided by the Terms of Use.
You may contact us via hello@blockworks.foundation