Last Updated: 31st March 2022
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICE.
Welcome to https://lbplaunches.com (“LBP Launches”, “Site/App”, “Our”), a curated aggregator of upcoming, current, and past LBP (“Liquidity Bootstrapping Pool”) launches (“Launches”).
Unless otherwise expressly stated in writing on the Site, LBP Launches is in no way affiliated with any of the aforementioned Launch Sites in accordance with these terms and conditions (“Terms”).
These Terms govern the use of this Site and the agreement that operates between users and the LBP Launches. These Terms set out the rights and obligations of all users regarding the use of the Site.
Your access to and use of the Site is conditioned on Your acceptance of and compliance with these Terms a. These Terms apply to all visitors, users and others who access or use the Site.
By accessing or using the Site, You agree to be bound by these Terms. If You disagree with any part of these Terms then You may not access the Site.
You represent that You are over the age of 18. LBP Launches do not permit those under 18 to use the Site. To access or use the Site, You must be able to form a legally binding contract with us. Accordingly, You represent that You are at least the age of majority in Your jurisdiction (e.g. eighteen years old) and have the full right, power, and authority to enter into and comply with the terms and conditions of these Terms on behalf of Yourself and any company or legal entity for which You may access or use the Site.
You further represent that You are not (a) the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury) or (b) a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United States. Finally, You represent that Your access and use of the Site will fully comply with all applicable laws and regulations, and that You will not access or use the Site to conduct, promote, or otherwise facilitate any illegal activity.
Any promotions made available through the Site may be governed by rules that are separate from these Terms.
Links to Other Websites
Our Site may contain links to third-party web sites, services, or Launch Sites that are not owned or controlled by the LBP Launches.
LBP Launches has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites, services, or Launch Sites. You further acknowledge and agree that LBP Launches shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites, services, or Launch Sites. We do not endorse or assume any responsibility for any such resources or promotions. If You access any such resources or participate in any such promotions, You do so at Your own risk, and You understand that these Terms do not apply to Your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from Your use of any such resources or participation in any such promotions.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Except for third party partners´ and project listings´ intellectual property, marks and content, LBP Launches owns all intellectual property and other rights in the Site and its contents, including (but not limited to) software, text, images, trademarks, service marks, copyrights, patents, and designs. This intellectual property may be available on request under the terms of our copyright licenses.
We reserve the following rights, which do not constitute obligations of ours: (a) with or without notice to You, to modify, substitute, eliminate or add to the Site; (b) to review, modify, filter, disable, delete and remove any and all content and information from the Site; and (c) to cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that we disclose information or content or information that You provide.
Modification of these Terms
We reserve the right, in our sole discretion, to modify these Terms from time to time. If we make any modifications, we will notify You by updating the date at the top of these Terms and by maintaining a current version of these Terms at https://lbplaunches/terms. All modifications will be effective when they are posted, and Your continued accessing or use of the Site will serve as confirmation of Your acceptance of those modifications. If You do not agree with any modifications to these Terms, You must immediately stop accessing and using the Site.
You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to Your access and use of the Site:
- Intellectual Property Infringement. Activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law.
- Cyberattack. Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including (but not limited to) the deployment of viruses and denial of service attacks.
- Fraud and Misrepresentation. Activity that seeks to defraud us or any other person or entity, including (but not limited to) providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another.
- Market Manipulation. Activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including (but not limited to) the manipulative tactics commonly known as spoofing and wash trading.
- Securities and Derivatives Violations. Activity that violates any applicable law, rule, or regulation concerning the trading of securities or derivatives.
- Any Other Unlawful Conduct. Activity that violates any applicable law, rule, or regulation of the United States or another relevant jurisdiction, including (but not limited to) the restrictions and regulatory requirements imposed by U.S. law.
Not Registered with the SEC or Any Other Governmental Agency
We are not registered with the U.S. Securities and Exchange Commission as a national securities exchange or in any other capacity. You understand and acknowledge that we do not broker trading orders on Your behalf nor do we collect or earn fees from Your trades on the Protocol. We also do not facilitate the execution or settlement of Your trades, which occur entirely on the public distributed Ethereum blockchain.
Non-Solicitation; No Investment Advice
You agree and understand that You have not received any investment advice from us in connection with any Launches and Your participation in any Launches listed on the Site. We do not conduct a suitability review of any of Your Participation carried out or conducted by You once You have left the Site.
All information provided by the Site is for informational purposes only and should not be construed as investment advice. You should not take, or refrain from taking, any action based on any information contained on the Site. We do not make any investment recommendations to You or opine on the merits of any investment transaction or opportunity. You alone are responsible for determining whether any investment, investment strategy or related transaction is appropriate for You based on Your personal investment objectives, financial circumstances, and risk tolerance.
The Site is provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, we disclaim any representations and warranties of any kind, whether express, implied, or statutory, including (but not limited to) the warranties of merchantability and fitness for a particular purpose. You acknowledge and agree that Your use of the Site is at Your own risk. We do not represent or warrant that access to the Site will be continuous, uninterrupted, timely, or secure; that the information contained in the Site will be accurate, reliable, complete, or current; or that the Site will be free from errors, defects, viruses, or other harmful elements. No advice, information, or statement that we make should be treated as creating any warranty concerning the Site. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Site.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law
Non-Custodial and No Fiduciary Duties
The Site is for informational purposes only and non-custodial, meaning You are solely responsible for the custody of the cryptographic private keys to the digital asset wallets You hold. These Terms are not intended to, and do not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, You acknowledge and agree that we owe no fiduciary duties or liabilities to You or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe You are those set out expressly in these Terms.
The Site may not be available or appropriate for use in other jurisdictions. By accessing or using the Site, You agree that You are solely and entirely responsible for compliance with all laws and regulations that may apply to You.
Assumption of Risk
By accessing and using the Site, You represent that You are financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain-based systems, and that You have a working knowledge of the usage and intricacies of digital assets such as bitcoin (BTC), ether (ETH), and other digital tokens such as those following the Ethereum Token Standard (ERC-20). In particular, You understand that blockchain-based transactions are irreversible.
You further understand that the markets for these digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase dramatically at any time. You further acknowledge and accept the risk that Your digital assets may lose some or all of their value. You may suffer loss due to the fluctuation of prices of tokens in a trading pair or liquidity pool, and, especially in expert modes, experience significant price slippage and cost. You expressly understand that none of the described activities are facilitated by the Site. You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and accept the risk that You may mistakenly trade those or other tokens. You further acknowledge that we are not responsible for any of these variables or risks, do not own or control any of the listed Launches, and cannot be held liable for any resulting losses that You experience while accessing or using the Site or for participation on third party websites. Accordingly, You understand and agree to assume full responsibility for all of the risks of accessing and using the Site.
Release of Claims
You expressly agree that You assume all risks in connection with Your access and use of the Site and Your interaction with LBP Launches. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to Your use of the Site. If You are a California resident, You waive the benefits and protections of California Civil Code § 1542, which provides: “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
You agree to hold harmless, release, defend, and indemnify all participants the Site and LBP Launches from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) Your access and use of the Site; (b) Your violation of any term or condition of these Terms, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party’s access and use of the Site with Your assistance or using any device or account that You own or control.
Limitation of Liability
Under no circumstances shall we or any of LBP Launches directors, managers, owners, participants, affiliates, or subsidiaries be liable to You for any indirect, punitive, incidental, special, consequential, or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data, or other intangible property, arising out of or relating to any access or use of the Site, nor will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site or the information contained within it. We assume no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from any access or use of the Site; (c) unauthorized access or use of any secure server or database in our control, or the use of any information or data stored therein; (d) interruption or cessation of function related to the Site; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Site; (f) errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the Site; and (g) the defamatory, offensive, or illegal conduct of any third party. Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to You for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount You paid to us in exchange for access to and use of the Site, or USD$100.00, whichever is greater. This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of the possibility of such liability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in these Terms may not apply to You. This limitation of liability shall apply to the fullest extent permitted by law.
We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, You must contact us by sending an email to firstname.lastname@example.org so that we can attempt to resolve it without resorting to formal dispute resolution. If we aren’t able to reach an informal resolution within sixty days of Your email, then You and we both agree to resolve the potential dispute according to the process set forth below.
Any claim or controversy arising out of or relating to the Site, these Terms, or any other acts or omissions for which You may contend that we are liable, including (but not limited to) any claim or controversy as to arbitrability (“Dispute”), shall be finally and exclusively settled by arbitration. You understand that You are required to resolve all Disputes by binding arbitration. The arbitration shall be held on a confidential basis before a single arbitrator.. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Class Action and Jury Trial Waiver
You must bring any and all Disputes against us in Your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. This provision applies to class arbitration. You and we both agree to waive the right to demand a trial by jury.
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Site. Your use of the Application may also be subject to other local, state, national, or international laws.
These Terms constitute the entire agreement between You and us with respect to the subject matter hereof. These Terms supersede any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms.