19th August 2022
1. NO INVESTMENT ADVICE
The content provided on our website is for information purposes only and does not constitute investment, financial, trading advice, or any other sort of advice and you should not treat any of the website's content as such. Nothing contained on our website constitutes a solicitation, recommendation, endorsement, guarantee, warranty, recommendation or offer made by us or any third-party service provider to buy, sell or hold any NFTs, cryptocurrency or other instruments. You should conduct your own due diligence and consult your financial advisor before making any investment decisions.
2. ACCURACY OF INFORMATION
We will strive to ensure the accuracy of the Content displayed and the information available on the website. All Content on this site is information of a general nature which may address the circumstances of a particular individual or entity that Nestor Alpha vetted and potentially rewarded with a Vetting Service Badge and/or Certificate. The information on the Site does not constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. You understand that any and all assessments, vetting services and Site Content is provided on the basis of one-time evaluation and may not resemble the current status of individuals, their control within the project, or the status of their social media.
Nestor Alpha is not a fiduciary by virtue of any person’s use of or access to the Site or Content. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or other Content on the Site before making any decisions based on such information or other Content.
You agree not to hold Nestor Alpha, its affiliates or any third-party service provider liable for any possible claim for damages arising from any decision you make based on information or other Content made available to you through the Site.
4. VETTING SERVICE CERTIFICATES MATERIALS
VETTING SERVICE BADGES AND CERTIFICATES DO NOT REPRESENT A GUARANTEE OF SAFETY. YOUR RELIANCE ON THE BADGES OR CERTIFICATES AND ANY OTHER INFORMATION PROVIDED ON OUR SITE IS SOLELY AT YOUR OWN RISK AND RESPONSIBILITY. WE ARE NOT RESPONSIBLE FOR YOUR INVESTMENT LOSS AND HEREBY EXPRESSLY DISCLAIM ANY LIABILITIES THAT MAY ARISE FROM YOUR USE OR REFERENCE OF THE CERTIFICATE MATERIALS.
Nestor Alpha Vetting Service banners, badges, certificates or other material we provide to the projects and their members as a token of recognition for successfully passing our Vetting Service(the “Certificate Materials”) are issued to a project upon successful completion of our vetting process. Nestor Alpha may have various Badges and different tiers of Certificates. Wemay issue specific Certificate Materials based on the fulfilment of vetting evaluation criteria. Our vetting process is created and designed with the objective of eliminating and limiting the risks caused by the ‘Rug Pull’ situations. With our vetting process, we offer the crypto community enhanced transparency in the market.
The date indicated on Certificate Materials for a project is the date on which we have completed our Vetting Process evaluation. The Certificate Materials is provided on an ‘as is’ basis and do not imply there were any later evaluations, changes to the project or renewed vetting processes made by use to assure the accuracy of the information. Our Certificate Materials are not a guarantee that the information provided by the team members of a project or obtained by us through other means of communications, is truthful or complete, nor do the Certificate Materials prevent such persons from adhering to any malicious actions, schemas or any other frauds means. The Certificate Materials are a confirmation that we have conducted an overview and a one-time assessment of the project and its team members, and we used all commercially reasonable efforts to complete the Vetting Process and mark successful completion with the issuance of a Certificate Materials.
If we become aware of any reasons that may lead us to believe a Badge, Certificate or any other Certificate Material is no longer valid or information provided by vetted individuals is no longer accurate and complete, Nestor Alpha reserves the right to revoke any such Certificate Material and delist such individuals and projects from the Site. We make no warranties regarding the public announcement of information about revocation of a Certificate Material or delisting of individuals and projects. We will use our best efforts to notify and communicate the reasons for such decisions and conducts.
In the event of a Rug Pull or any fraudulent scheme or a malicious manoeuvre intended to result in a financial or personal gain of a project or individual which has conducted the Vetting Services provided by Nestor Alpha, we do not guarantee any insurance or other remedies. Nestor Alpha may be required to disclose the information about alleged individuals or projects by law or governmental regulation or by any competent body or authority. We may provide more information about such obligation to disclose information, of the information to be disclosed and of the circumstances in which the disclosure is alleged to be required as early as reasonably possible when such disclosure must be made.
In addition to the foregoing, we will use our best efforts to set up support in case of a fraudulent scheme or a malicious manoeuvre intended to or resulting in financial or personal gain for individuals or projects conducting such actions (the “After-Rug Support System”). Through the After-Rug Support System we intend to pursue the following objectives:
- Conducting independent research on the topic of rug pulls and other exploits in order to discover possible safeguards, protective measures, as well as future mitigation of damages caused by the rug pulls;
- Preparing and issuing independent reports on the projects we consider to be involved in or conducting a hard rug pull;
- Educating communities on how to report such fraudulent actions to local authorities with the intention of potentially triggering a criminal investigation and a lawsuit;
- Helping communities with access to information and organisation needed for potentially filing a class action (collective lawsuit).
Note: After-Rug Support System is primarily in place for projects that have passed both stages of our vetting process and obtained a Nestor Alpha Audit Certificate.
We may also provide more remedies in the future and will strive to establish the standards which can contribute to the safety of the NFT ecosystem. If you become aware of any information that could affect the assessment of projects and individuals we display on the Site or could potentially affect the validity of issued Certificate Materials, please write to us at firstname.lastname@example.org.
6. THIRD-PARTY LINKED SITES
As a convenience to you, Nestor Alpha may provide hyperlinks to websites operated by third parties. When you select these hyperlinks you will be leaving the Nestor Alpha site. Nestor Alpha has no control over such sites or their content and is not responsible for the availability of such external sites or their content. Further on, Nestor Alpha does not adopt, endorse, nor is responsible or liable for, any such sites or content, including advertising, products or other materials, on or available through such sites or resources. Other websites may provide links to the Site or Content with or without our authorization.
Nestor Alpha does not endorse such sites and shall not be responsible or liable for any links from those sites to the Site or Content, or for any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. Nestor Alpha may, in its sole discretion, block links to the Site and Content without prior notice.
8. SITE AND CONTENT NOT WARRANTED
The site and content are provided “as is” and without warranties of any kind. you bear all risks associated with the use of the site and content, including without limitation, any reliance on the accuracy, completeness or usefulness of any content available on the site. Nestor Alpha and its employees, officers, directors, partners, agents, representatives, suppliers and service providers, disclaim all warranties, express or implied, including, without limitation, all warranties of title, non-infringement, accuracy, completeness, usefulness, merchantability, and fitness for a particular use, and warranties that may arise from course of dealing/performance or usage of trade.
9. LIMITATION OF LIABILITY
YOUR EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE AND CONTENT IS TO STOP USING THE SITE AND CONTENT. NESTOR ALPHA IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR LOSS OF OTHER INTANGIBLES. IN PARTICULAR, AND WITHOUT LIMITATION, NESTOR ALPHA WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR CONTENT.
While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site or Content is or remains secure, complete or correct, or that access to the Site or Content will be uninterrupted or error-free. The Site and Content may include inaccuracies, errors and materials that violate or conflict with these Terms.
Additionally, third parties may make unauthorized alterations to the Site or Content. If you become aware of any unauthorized third-party alteration to the Site or Content or are experiencing bugs on our website, you should contact us at email@example.com with a description of the material(s) at issue and the URL.
10. NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES
Hosting our service and storing the data contained therein is offered by the following contractor as a contractual processor:
- Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (service: Google Cloud - https://cloud.google.com/terms/sccs/eu-c2p). Processing location: EEA (data is stored only on servers located within the EEA).
The processor protects data with the following security mechanisms and tools: dedicated security infrastructure and support, encrypted data transfer when using cloud services and encryption during transmission, DDOS protection, authentication and use of access keys, automatic encryption of stored data on server infrastructure (when idle and during distribution), physical protection of servers and network equipment (Google data centres have implemented multi-layered security and technical barriers to access and continuous monitoring. Only authorised employees with special access roles can enter the data centres).
11. LIMITED RIGHT OF USE/OWNERSHIP OF CONTENT
You are permitted to use the Site and Content for your personal, non-commercial use only. The Site and Content are and shall remain the property of Nestor Alpha and are protected by copyright, trademark, patent, and/or other intellectual property, proprietary, work product rights and laws. You may use the Site and Content for your personal, noncommercial use, provided that you keep intact all copyright, trademark, patent and other proprietary notices.
Except as expressly authorized in advance by Nestor Alpha in writing, you agree not to reproduce, modify or create derivative works based on, rent, lease, loan, sell, distribute, publish, publicly perform or display, reverse engineer, decompile or dissemble, all or any part of the Site or Content.
Trade names, trademarks and service marks of Nestor Alpha include, without limitation, Nestor Alpha and any associated logos. All trademarks and service marks on the Site not owned by Nestor Alpha are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Nestor Alpha’s trade names, trademarks or service marks without our express prior written consent.
12. ACCESS TO THE SITE
Nestor Alpha, in its sole discretion, may limit or terminate your access to or use of the Site and Content, at any time and for any reason. Your access to or use of the Site and Content may be limited or terminated without notice. Nestor Alpha shall not be liable to you or any third party for any such limitation or termination of your access to the Site or Content, or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
13. RULES OF CONDUCT
Your use of the Site and Content is conditioned on your compliance with the rules of conduct set forth here.
You will not:
- Use the Site or Content for any fraudulent or unlawful purpose.
- Interfere with or disrupt the operation of the Site or Content or the servers or networks used to make the Site and Content available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Site or Content (including without limitation by hacking or defacing any portion of the Site or Content).
- Use the Site or Content to advertise or offer to sell or buy any goods or services without Nestor Alpha’s express prior written consent.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site or Content.
- Modify, adapt, reverse engineer, and decompile/disassemble any part of the Site or Content.
- Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site or Content.
- Frame or mirror any part of the Site or Content without Nestor Alpha’s express prior written consent.
- Create a database by systematically downloading and storing Content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Content or reproduce or circumvent the navigational structure or presentation of the Site without Company’s express prior written consent.
We reserve the right to limit or terminate your access to the Site in case we become aware of you breaching these Terms and will seek the remedy of direct or indirect damage resulting from such breach as specified in these Terms.
By accessing and using the Site and Content, you agree to indemnify, defend and hold harmless Nestor Alpha (specifically including its officers, directors, owners, partners, employees, agents, information providers, licensors and licensees) (collectively, the “Indemnified Parties”) from and against any and all claims, losses, costs and expenses (including attorneys’ fees) arising out of or relating to (a) any breach (or claim, that if true, would be a breach) by you of these Terms and (b) your use of or activities in connection with the Site.
We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without our prior written approval.
15. JURISDICTIONAL CONTEXT
The Site is controlled and operated by Nestor Alpha from the United Kingdom, and is not intended to subject Nestor Alpha to the laws or jurisdiction of any country or territory other than that of the UK. Nestor Alpha does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the UK and only in those territories and nation-states where Nestor Alpha is registered or licensed or exempt from registration or licensing under applicable law. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability to any person, geographic area or jurisdiction.