Terms of Use
1. Overview
This Terms of Service Agreement ("Agreement") is entered into by and between Hedera Foundation SEZC, registered address 190 Elgin Ave., George Town, Grand Cayman KY1-9001 ("Company") and you, and is made effective as of the date of your use of this website https://hedera.foundation ("Site") or the date of electronic acceptance.
This Agreement sets forth the general terms and conditions of your use of the https://hedera.foundation as well as the products and/or services purchased or accessed through this Site (the "Services").Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement our Privacy policy. The terms "we", "us" or "our" shall refer to Company. The terms "you", "your", "User" or "customer" shall refer to any individual or entity who accepts this Agreement, uses our Site, has access or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Company may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AS LAST REVISED, DO NOT USE (OR CONTINUE TO USE) THIS SITE OR THE SERVICES.
2. Eligibility and Access Terms
2.1 Eligibility. You must be at least 18 years of age or the age of majority in Your place of residence to access Hedera Foundation SEZC Materials. These Terms consist of a legally binding contract between You and Hedera Foundation SEZC. These Terms apply to any End User of Hedera Foundation SEZC Materials. You may access and use Hedera Foundation SEZC Materials only if You can form a binding contract and only in compliance with these Terms and all applicable Laws.
2.2 Additional Terms. By agreeing to the Terms, You also agree to all other operating rules, policies and procedures (“Hedera Foundation SEZC Policies”) that may be published from time to time at Hedera Foundation SEZC Sites, including https://www.hedera.foundation, or other location determined by Hedera Foundation SEZC. Hedera Foundation SEZC Policies are incorporated into these Terms by reference and may be updated by Hedera Foundation SEZC from time to time without notice to You. You also acknowledge and agree to the collection and use of Your information as set forth in Hedera Foundation SEZC Privacy Policy, which is incorporated by reference herein.
3. Grant of Rights
Subject to these Terms, Hedera Foundation SEZC hereby grants to You a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to access and use Hedera Foundation SEZC Materials. Hedera Foundation SEZC may terminate or limit this license for the (including a license to access and use Hedera Foundation SEZC Site) at any time for any reason or no reason. Hedera Foundation SEZC does not offer any specific uptime guarantee for Hedera Foundation SEZC Materials.
4. Hedera Foundation SEZC Registration
By registering with Hedera Foundation SEZC on any Hedera Foundation SEZC Site, Hedera Foundation SEZC may provide You with notifications and emails regarding Hedera Foundation SEZC Materials and functionality of Hedera Foundation SEZC Sites and such services that Hedera Foundation SEZC may establish and maintain from time to time and in Hedera Foundation SEZC’s sole discretion.
4.1 Accuracy of Information. You may never use another individual’s email account or identity to register with Hedera Foundation SEZC. All information provided by You to Hedera Foundation SEZC must be current, true, accurate, supportable and complete and You will promptly notify Hedera Foundation SEZC of any changes to such information.
4.2 Updates and Notices. You may update the information that You have provided to Hedera Foundation SEZC, such as Your contact information, interests and developer status, by emailing Hedera Foundation SEZC at [email protected]. By providing Hedera Foundation SEZC Your email address You consent to Hedera Foundation SEZC using the email address to send You Hedera Foundation SEZC Site and Hedera Foundation SEZC Materials related notices, including any notices required by law, in lieu of communication by postal mail. Hedera Foundation SEZC may also use Your email address to send You other messages, such as changes to features of Hedera Foundation SEZC Sites or any of Hedera Foundation SEZC Materials and special offers. If You do not want to receive such email messages, You may opt out or change Your preferences by emailing Hedera Foundation SEZC at [email protected]. Opting out may prevent You from receiving email messages regarding updates, improvements or offers.
5. End User Security
For any Hedera Foundation SEZC Materials, including the Community Testing Applications, You are solely responsible for keeping Your access and recovery credentials (e.g. passwords, PINs, recovery codes, private keys, etc.) confidential and secure (“Credentials”). You are solely responsible for the activity that occurs under any profile or on any account or created by You, and You must take all necessary steps to keep Your Credentials secure. Hedera Foundation SEZC encourages You to use “strong” passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with all of Your profiles and accounts associated with any Hedera Foundation SEZC Materials, and encourages You to securely backup all Credentials, as they may not be recoverable by Hedera Foundation SEZC. Hedera Foundation SEZC will not be liable for any losses caused by any unauthorized use of Your profiles and accounts.
6. Term
These Terms will remain in full force and effect so long as You continue to access or use any of Hedera Foundation SEZC Materials, as applicable. Even after You cease use of Hedera Foundation SEZC Materials and Your license to use Hedera Foundation SEZC Materials ends, these Terms and our Privacy Policy, including all of Your obligations under these Terms and our Privacy Policy prior to such termination, will remain in full force and effect and will govern any and all disputes arising out of, relating to, or connected with Your use of Hedera Foundation SEZC Materials.
7. Force Majeure
Hedera Foundation SEZC will not be liable or responsible to You, nor be deemed to have defaulted or breached these Terms, for any failure or delay in its performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions (including regulatory actions), war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers, manufacturers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. Hedera Foundation SEZC Materials may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances.
8. Proprietary Rights
8.1 Ownership. The parties acknowledge that the Terms do not give Hedera Foundation SEZC any ownership interest in Your Applications. Unless governed by a separate licensing agreement, the remainder of this paragraph will apply to all Hedera Foundation SEZC Materials. Hedera Foundation SEZC Materials are licensed, not sold, to You, and Hedera Foundation SEZC retains and reserves all rights in Hedera Foundation SEZC Materials not expressly granted in the Terms. You expressly acknowledge that Hedera Foundation SEZC and its licensors retain all worldwide right, title and interest in and to Hedera Foundation SEZC Materials and its entire contents, features, and functionality (including but not limited to all information, software, technology, text, displays, images, video, and audio, and the design, selection, and arrangement) thereof and any and all Updates in the foregoing, including without limitation all rights embodied in Hedera Foundation SEZC Materials in patents, trademarks, trade names, copyrights, trade secrets, know-how, data (including without limitation all applications therefor), and all proprietary rights under the Laws of the United States, any other jurisdiction or any treaty (collectively, “Intellectual Property Rights”). You acknowledge and agree that Hedera Foundation SEZC and its licensors own all right, title and interest, including all Intellectual Property Rights and other proprietary rights, in and to Hedera Foundation SEZC Materials, and no rights in the foregoing are transferred to You hereunder. The content of Hedera Foundation SEZC Materials may not be copied, disseminated, altered or made accessible to third parties for commercial purposes. All Hedera Foundation SEZC trademarks, service marks, typefaces, company designs, logos and emblems on Hedera Foundation SEZC Materials are protected by trademark law. The marks and design elements used on Hedera Foundation SEZC Materials are intellectual property of Hedera Foundation SEZC or its licensors. You will not copy, use, infringe upon, misappropriate or otherwise violate these marks and design elements. Hedera Foundation SEZC Materials may also display other product, service and/or company names that may be the trademarks of their respective owners.
8.2 Feedback. You agree that Hedera Foundation SEZC shall have the right to use, in any manner and for any purpose, any information gained as a result of Your use of Hedera Foundation SEZC Materials. Such information shall include but not be limited to ideas, content, concepts, designs, changes, modifications, corrections and improvements to Hedera Foundation SEZC Materials provided to Hedera Foundation SEZC by You. Hedera Foundation SEZC shall have the right to use, at its sole discretion, all such information, including, but not limited to, use by incorporation of such information into computer programs and documentation for assignment, license, or other transfer to third parties, without any duty to account to You and if You do provide Hedera Foundation SEZC with any suggestions, ideas, feedback, error identifications or other information related to Hedera Foundation SEZC Materials, including Your use and evaluation of Hedera Foundation SEZC Testnet Materials, Developer Tools or Hedera Foundation SEZC Documentation (“Feedback”), You hereby assign to Hedera Foundation SEZC all right, title and interest in and to all Feedback, including all Intellectual Property Rights therein, and agrees to assist Hedera Foundation SEZC in perfecting such rights and obtaining assignments of such rights from all individuals involved in generating the Feedback.
9. Certain Limitations
You acknowledge that Hedera Foundation SEZC Materials, including Hedera Foundation SEZC Testnet Materials and Developer Tools, are not intended to be 100% reliable and 100% available. Hedera Foundation SEZC Materials are subject to interruptions from time to time and failures for a variety of reasons beyond Hedera Foundation SEZC’s control, such as wireless service limitations and failures. You acknowledge these limitations and agree that Hedera Foundation SEZC is not responsible for any damages allegedly caused by the failure or delay of Hedera Foundation SEZC Materials (including to any person or property).
10. LIMITATION OF LIABILITY
IN NO EVENT WILL Hedera Foundation SEZC PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF DATA, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF, RELATING TO, OR CONNECTED WITH ANY PROVISION OF THESE TERMS OR THE USE OF OR INABILITY TO USE Hedera Foundation SEZC MATERIALS OR WITH REGARD TO ANY APPLICATION, IN WHOLE OR IN PARTY, ANY UPDATES TO EITHER OF THE FOREGOING, OR ANY OTHER SERVICES, SOFTWARE OR MATERIALS PROVIDED TO YOU BY Hedera Foundation SEZC, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE), EVEN IF Hedera Foundation SEZC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL AGGREGATE LIABILITY OF Hedera Foundation SEZC PARTIES ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE), SHALL NOT EXCEED US $100.
11. Indemnification
11.1 End Users. You agree to indemnify, defend and hold harmless Hedera Foundation SEZC Parties from and against any Losses arising out of, relating to, or connected with (i) Your violation of these Terms, (ii) Your use of Hedera Foundation SEZC Materials, including, but not limited to any use of Hedera Foundation SEZC’s or its licensors’ content, services and products other than as expressly authorized in these Terms or Your use of any information obtained from Hedera Foundation SEZC Materials, (iii) any of Your Applications; (iv) any content or Feedback You provide, or (v) Your violation of any Law or the rights of any third party.
11.2 Generally. Hedera Foundation SEZC reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Hedera Foundation SEZC and You agree to cooperate with our defense of such claims. You agree not to settle any such claim without Hedera Foundation SEZC’s prior written consent. Hedera Foundation SEZC will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
12. NO WARRANTY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF Hedera Foundation SEZC MATERIALS AND YOUR DEVELOPMENT AND USE OF APPLICATIONS (AS APPLICABLE) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. Hedera Foundation SEZC MATERIALS IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Hedera Foundation SEZC PARTIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO Hedera Foundation SEZC MATERIALS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Hedera Foundation SEZC DOES NOT WARRANT:
A) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF Hedera Foundation SEZC MATERIALS;
B) THAT Hedera Foundation SEZC MATERIALS WILL MEET YOUR REQUIREMENTS;
C) THAT THE OPERATION OF Hedera Foundation SEZC MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE,
D) THAT DEFECTS OR ERRORS IN Hedera Foundation SEZC MATERIALS WILL BE CORRECTED,
E) THAT Hedera Foundation SEZC MATERIALS WILL BE COMPATIBLE WITH FUTURE Hedera Foundation SEZC PRODUCTS, SERVICES OR SOFTWARE OR ANY THIRD-PARTY SOFTWARE, APPLICATIONS, OR SERVICES, OR
F) THAT ANY INFORMATION STORED OR TRANSMITTED THROUGH ANY Hedera Foundation SEZC MATERIALS WILL NOT BE LOST, CORRUPTED OR DAMAGED.
YOU ACKNOWLEDGE THAT Hedera Foundation SEZC MATERIALS ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE ERRORS, DELAYS, FAILURES OR INACCURACIES IN THE TRANSMISSION OR STORAGE OF DATA OR INFORMATION BY OR THROUGH Hedera Foundation SEZC MATERIALS OR THE APPLICATIONS COULD LEAD TO DEATH, PERSONAL INJURY, OR FINANCIAL, PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Hedera Foundation SEZC OR A Hedera Foundation SEZC AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
13. Interactive Features; User Submissions
13.1 Hedera Foundation SEZC may provide interactive features on or through Hedera Foundation SEZC Materials, including, without limitation, message boards, messaging/chat features, information sharing features (including the ability to e-mail information directly to other users), content sharing features, profiles, forums, and bulletin boards (collectively, “Interactive Features”) that allow users to post, submit, publish, display or transmit to other users, Hedera Foundation SEZC, or other persons, or to share on social media sites, including, but not limited to, by using Hedera Foundation SEZC’s hashtag(s) (“post”) information, data, content or materials, including, without limitation, any and all image(s), text, photograph(s), video(s), and sound recordings (“User Submissions”).
13.2 Any User Submissions You post to or through Hedera Foundation SEZC Materials will be considered non-confidential and non-proprietary. By posting User Submissions, You hereby grant Hedera Foundation SEZC Parties a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable license, right and permission to publish, copy, alter, modify, edit, adapt, create derivative works, distribute, publicly perform, display, exhibit, transmit, broadcast, digitize, market, advertise, sell, rent, license, exploit, use, and otherwise disclose to third parties, for any purpose, including for marketing, advertising and promotional purposes, in any and all media or marketing platforms, now known or hereafter known, including the right to sublicense (through unlimited levels of sublicenses), (a) such User Submissions; (b) Your name and/or handle, image, likeness, voice, appearance, biographical information, the image of Your pet(s) and other property; (c) all copyrights and other intellectual property and proprietary rights in the foregoing; and (d) all modifications to and derivative works of the foregoing.
14. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Hedera Foundation SEZC without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
15. Third Party Links
Hedera Foundation SEZC Materials may permit You to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to Hedera Foundation SEZC Sites. When You access third party websites, You do so at Your own risk. These other websites are not under Hedera Foundation SEZC's control, and You acknowledge that Hedera Foundation SEZC is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Hedera Foundation SEZC or any association with its operators. You further acknowledge and agree that Hedera Foundation SEZC 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 website or resource.
16. Relationship of the Parties; Independent Development
The relationship of the parties established by the Terms is that of independent contractors. No party has the authority to bind the other or assume or create any obligation or liability on the other’s behalf. These Terms are for the sole benefit of the parties and their successors and permitted assigns, and nothing in the Terms shall give or be construed to give any person or entity other than the parties any legal or equitable rights. Further, nothing in the Terms will impair Hedera Foundation SEZC's right to develop, acquire, license, market, promote, or distribute products or technologies that perform the same or similar functions as, or otherwise compete with the Applications, or any other products or technologies that You may develop, produce, market, or distribute.
17. Notices
Notices will be in writing and delivered as follows. Notices from You to Hedera Foundation SEZC will be sent by courier or overnight delivery to 190 Elgin Ave., George Town, Grand Cayman KY1-9001. Notices from Hedera Foundation SEZC to You will be sent by electronic mail to the address You provide when You register for Your Hedera Foundation SEZC Profile, if applicable, or other profile or account related to Your access or use of Hedera Foundation SEZC Materials.
18. Modifications to the Terms
Hedera Foundation SEZC may update or modify the Terms and other terms and conditions, from time to time at its sole discretion by posting the changes on Hedera Foundation SEZC Site or by otherwise notifying You (such notice may be via email). When Hedera Foundation SEZC updates or modify the Terms, Hedera Foundation SEZC will revise the “last updated” date at the top of this page. If at any time You do not agree to these Terms, please do not access or use any of Hedera Foundation SEZC Materials. Your continued use of Hedera Foundation SEZC Materials after a posted change in these Terms will constitute Your acceptance of and agreement to such changes. If You are a Developer, You acknowledge that these updates and modifications may adversely affect how Your Application accesses or communicates with Hedera Foundation SEZC Network and Developer Tools.
19. Modifications to Hedera Foundation SEZC Materials
Hedera Foundation SEZC may, with or without notice, change, suspend, or discontinue any aspect of Hedera Foundation SEZC Sites, Hedera Foundation SEZC Network and the Community Testing Applications, including Hedera Foundation SEZC Testnet Materials, Developer Sites, Developer Tools or Hedera Foundation SEZC Documentation. Without limiting the foregoing, Hedera Foundation SEZC reserves the right, from time to time, without prior notice, to shut down any or all of Hedera Foundation SEZC Sites, Hedera Foundation SEZC Network and the Community Testing Applications, including Hedera Foundation SEZC Testnet Materials, Developer Sites, Developer Tools or Hedera Foundation SEZC Documentation for maintenance and/or updates and Hedera Foundation SEZC is not responsible or liable to You for any such downtime, including the discontinuation of Hedera Foundation SEZC Testnet Materials.
20. Third Party Notices
Portions of Hedera Foundation SEZC Materials, including the Developer Tools, may utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material may be contained in the electronic documentation for the Developer Tools, and Your use of such material is governed by their respective terms.
21. No Waiver
No waiver of any provision of the Terms shall be deemed a further or continuing waiver of such provision or any other provision, and Hedera Foundation SEZC’s failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.
22. Entire Terms of Use; Severability
These Terms, together with any amendments and any additional agreements You may enter into with Hedera Foundation SEZC in connection with Hedera Foundation SEZC Materials, shall constitute the entire agreement between You and Hedera Foundation SEZC concerning the subject matter contained herein. If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
23. California Residents
Hedera Foundation SEZC Sites or any services provided by Hedera Foundation SEZC are offered by Hedera Foundation SEZC, located at 190 Elgin Ave., George Town, Grand Cayman KY1-9001, and can be reached via email at [email protected]. If You are a California resident, (a) You may have this same information emailed to You by sending a letter to the foregoing address with Your email address and a request for this information; and (b) in accordance with Cal. Civ. Code §1789.3, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
24. Contact Information
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
Hedera Foundation SEZC
190 Elgin Ave., George Town, Grand Cayman KY1-9001, Cayman Islands