Update terms-of-service.md

base-org · Oct 25, 2024 · 663df16 · 663df16
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diff --git a/apps/base-docs/docs/terms-of-service.md b/apps/base-docs/docs/terms-of-service.md
@@ -7,11 +7,13 @@ hide_table_of_contents: true
 
 # Sequencer, Testnet, Basenames Interface Terms
 
-Last Updated: August 5, 2024
+Last Updated: October 25, 2024
 
 ---
 
-We’re excited you’re interested in Base, a layer-two optimistic rollup on the Ethereum public blockchain. While we do not control Base, these Terms of Service (“Terms”) constitute a legally binding contract made between you and Coinbase Technologies, Inc. (“Coinbase,” “we,” or “us”) that governs your access to and use of the Coinbase Sequencer, Base Testnet, and Basenames Interface, each of which is defined below (collectively, the “Services”). By using the Services in any way, you agree to be bound by these Terms. If you do not accept the terms and conditions of these Terms, you are not permitted to access or otherwise use the Services.
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+We’re excited you’re interested in Base, a layer-two optimistic rollup on the Ethereum public blockchain. While we do not control Base, these Terms of Service (“Terms”) constitute a legally binding contract made between you and Coinbase Technologies, Inc. (“Coinbase,” “we,” or “us”) that governs your access to and use of the Coinbase Sequencer, Base Testnet, Basenames Interface, and Basenames Profile Pages each of which is defined below (collectively, the “Services”). By using the Services in any way, you agree to be bound by these Terms. If you do not accept the terms and conditions of these Terms, you are not permitted to access or otherwise use the Services.
 
 **BEFORE WE INCLUDE ANY OTHER DETAILS, WE WANT TO GIVE YOU NOTICE OF SOMETHING UP FRONT: BY AGREEING TO THESE TERMS, YOU AND WE AGREE TO RESOLVE ANY DISPUTES WE MAY HAVE WITH EACH OTHER VIA BINDING ARBITRATION OR IN SMALL CLAIMS COURT (INSTEAD OF A COURT OF GENERAL JURISDICTION), AND YOU AGREE TO DO SO AS AN INDIVIDUAL (INSTEAD OF, FOR EXAMPLE, AS A REPRESENTATIVE OR MEMBER OF A CLASS IN A CLASS ACTION). TO THE EXTENT THAT THE LAW ALLOWS, YOU ALSO WAIVE YOUR RIGHT TO A TRIAL BY JURY. FOR MORE INFORMATION, SEE OUR [ARBITRATION AGREEMENT](https://docs.base.org/docs/arbitration) “DISPUTE RESOLUTION, ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER.”**
 
@@ -21,7 +23,7 @@ The Base protocol (“Base”) is an open source, optimistic rollup protocol tha
 
 ### 2. Basenames
 
-Basenames is an open source blockchain-based naming protocol that maintains a registry of all domains and subdomains on Base through a series of smart contracts deployed on Base. Basenames is not part of the Services. Users may, through interacting with the Basenames, search such registry, register domains and subdomains and manage their registered names. The Basenames interface located at https://base.org/names (the “Basenames Interface”) is one, but not the exclusive, means of accessing Basenames. You are responsible for conducting your own diligence on other interfaces enabling you to access Basenames to understand the fees and risks that they present.
+Basenames is an open source blockchain-based naming protocol that maintains a registry of all domains and subdomains on Base through a series of smart contracts deployed on Base. Basenames is not part of the Services. Users may, through interacting with the Basenames, search such registry, register domains and subdomains and manage their registered names, including by adding metadata and other information (e.g., URLs) to the corresponding text records on the Basenames smart contract (such metadata and other information, the “Basename Profile Information”). The Basenames interface located at https://base.org/names (the “Basenames Interface”) is one, but not the exclusive, means of accessing Basenames. You are responsible for conducting your own diligence on other interfaces enabling you to access Basenames to understand the fees and risks that they present.
 You understand that anyone can register and own a domain name (and its subdomains) that is not already registered on the registry maintained by Basenames. You further understand that names registered on the registry maintained by Basenames may expire and you are responsible for monitoring and renewing the registration of such names. You acknowledge that Coinbase is not able to forcibly remove, prevent or otherwise interfere with the ability of any person to register a domain name on the registry operated by Basenames and you hereby acknowledge that Coinbase will not be liable for any claims or damages whatsoever associated with your use, inability to use any domain names subject of registration, or to be registered, on the registry maintained by Basenames.
 You agree that Basenames is purely non-custodial, meaning you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold and use to access Basenames.
 
@@ -46,14 +48,15 @@ Coinbase offers the following Services that enable you to access and interact wi
 - **The Sequencer:** The Coinbase Sequencer is a node operated by Coinbase that receives, records, and reports transactions on Base. While The Coinbase Sequencer is, initially, the only sequencer node supporting transactions on Base, additional nodes may be provided by third parties in the future and there are other mechanisms for submitting transactions through Ethereum. The Coinbase Sequencer does not store, take custody of, control, send, or receive your virtual currency, except for receiving applicable gas fees. It also does not have the ability to modify, reverse, or otherwise alter any submitted transactions, and will not have access to your private key or the ability to control value on your behalf. We reserve the right to charge and modify the fees in connection with your use of the Coinbase Sequencer. These fees may also be subject to taxes under applicable law.
 - **Base Testnet:** The Base Testnet is a test environment that allows you to build applications integrated with Base. You are permitted to access and use the Base Testnet only to test and improve the experience, security, and design of Base or applications built on Base, subject to these Terms. Base Testnet Tokens will not be converted into any future rewards offered by Coinbase. Coinbase may change, discontinue, or terminate, temporarily or permanently, all or any part of the Base Testnet, at any time and without notice.
 - **Basenames Interface:** The Basenames Interface is a web application and graphical user display operated by Coinbase and located at base.org/names. It enables you to interact with Basenames by creating blockchain messages that you can sign and broadcast to Base using your Wallet. The Basenames Interface will not have access to your private key at any point.
+- **Basenames Profile Pages:** Coinbase also operates a web application and graphical user display (the “Basenames Profile Pages”) that renders information about all registered Basenames domains and subdomains on Base, including any Basename Profile Information associated therewith. You understand that the information displayed on the Basenames Profile Pages, including all Basename Profile Information, is stored and publicly available on the Basenames decentralized protocol. Coinbase provides the Basenames Profile Pages only as a convenience, does not have control over any of third party content appearing therein, and does not warrant or endorse, nor bear responsibility for the availability or legitimacy of, the content on or accessible from any Basenames Profile Page (including any resources, interactive features, or links to Third-Party Services (as defined below) displayed therein). When viewing any Basenames Profile Page, you should assume that Coinbase has not verified the safety or legitimacy of, any content, resources, interactive features, or links appearing on such Basenames Profile Page (including any Farcaster Frames (or other open source products that provide substantially similar functionality) rendered thereon). It is your responsibility to ensure that you fully understand the nature of any links or other interactive features that you may be able to access on a Basenames Profile Page, including any financial risks that you may be exposed to when interacting with a Third-Party Service.
 
 ### 7. Acceptable Use
 
 You agree that you will not use the Services in any manner or for any purpose other than as expressly permitted by these Terms. That means, among other things, you will not use the Services to do or encourage any of the following:
 
 - Infringe or violate the intellectual property rights or any other rights of anyone else (including Coinbase) or attempt to decompile, disassemble, or reverse engineer the Services;
 - Violate any applicable law or regulation, including without limitation, any applicable anti-money laundering laws, anti-terrorism laws, export control laws, end user restrictions, privacy laws or economic sanctions laws/regulations, including those administered by the U.S. Department of Treasury’s Office of Foreign Assets Control;
-- Use the Services in a way that is dangerous, harmful, fraudulent, misleading, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
+- Use the Services in a way that is illegal, dangerous, harmful, fraudulent, misleading, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
 - Violate, compromise, or interfere with the security, integrity, or availability of any computer, network, or technology associated with the Services, including using the Services in a manner that constitutes excessive or abusive usage, attempts to disrupt, attack, or interfere with other users, or otherwise impacts the stability of the Services.
 - Use any Coinbase brands, logos, or trademarks (or any brands, logos, or trademarks that are confusingly similar) without our express prior written approval, which we may withhold at our discretion for any reason.
 
@@ -97,7 +100,7 @@ TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BASE, THE BRIDGING SMART CONT
 
 ### 16. Limitation of Liability
 
-TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THE COINBASE ENTITIES NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, INTELLECTUAL PROPERTY INFRINGEMENT, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, BASE, THE BRIDGING SMART CONTRACTS, OR BASENAMES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COINBASE ENTITIES OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
+TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THE COINBASE ENTITIES NOR THEIR RESPECTIVE SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, INTELLECTUAL PROPERTY INFRINGEMENT, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, BASE, THE BRIDGING SMART CONTRACTS, OR BASENAMES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COINBASE ENTITIES OR THEIR RESPECTIVE SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
 
 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COINBASE ENTITIES’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, BASE, THE BRIDGING SMART CONTRACTS, OR BASENAMES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO THE COINBASE ENTITIES FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS HIGHER.  
 THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COINBASE AND YOU.