Terms of Service
BLOCKCHAINJOURNAL.COM TERMS OF SERVICE, EFFECTIVE AS OF JAN 1, 2023
PLEASE REVIEW THESE TERMS CAREFULLY, INCLUDING WITHOUT LIMITATION ANY LINKED TERMS AND CONDITIONS APPEARING OR REFERENCED BELOW, WHICH ARE INCORPORATED BY REFERENCE INTO THESE TERMS.
THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ALL DISPUTES ARISING OUT OF, RELATING TO, OR CONNECTED WITH THEM, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
These Terms give You specific legal rights, and You may also have additional legal rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law.
1. ACCEPTANCE OF TERMS
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
3. MEMBER ACCOUNT, PASSWORD, AND SECURITY
At the time of publication of these TERMS OF SERVICE, the Service does not offer a means to register or leave your personal information with us. However, we reserve the right to activate a means to register with us which may include options involving single-sign-on that relies on a third-party identity/login service, email-based registration involving email address or other account ID and password, or wallet-based integration using public distributed ledger technology. If you choose to register with us by any of these means, or register with a third-party service in order to engage off-service with the BLOCKCHAINJOURNAL.COM or BLOCKCHAIN JOURNAL brands or any extensions of the BLOCKCHAINJOURNAL.COM or BLOCKCHAIN JOURNAL brands, you and you alone are solely responsible for maintaining the confidentiality of the login/identity credentials associated with your accounts.
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. The Service 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 the Service and any of the Materials it provides, and encourages You to securely backup all Credentials, as they may not be recoverable by the Service. You must notify the Service immediately of any breach of security or unauthorized use of Your profiles and accounts by submitting your issue via email to [email protected]. The Service, its parent organization(s), its subsidiaries, its affiliates, its officers, its agents, its co-branders, or its other partners, representatives, and employees will not be liable for any losses caused by any unauthorized use of Your profiles and accounts.
We may refuse to grant you, and you may not use, a user account alias, account ID, wallet ID or e-mail address that is already being used by someone else; that may impersonate another person; that belongs to another person, without his or her prior consent; that violates the intellectual property or other rights of any person; that is vulgar or otherwise offensive; or that we reject for any other reason in our sole discretion. We will not be responsible or liable for any loss or damage incurred, or later arising from your failure to comply with this section.
4. USE OF SERVICE AND CODE OF CONDUCT
You agree NOT to use the Service or any third-party service to which the BLOCKCHAINJOURNAL.COM or BLOCKCHAIN JOURNAL brands have been extended (and it shall be a violation of these Terms of Service) to: (a) Upload or share any Content in violation of any third party's rights to that Content; (b) Upload any Content that is harmful, hateful, harassing, threatening, or abusive; that would violate another's rights or constitute or encourage a criminal offense; or that would otherwise violate any local, state, national or international law; (c) Upload any Content that exceeds the scope of your rights to use such Content or which you do not have a right to Upload from the Content owner; (d) Post, Upload or make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (e) Interfere with any other user's right to privacy; (g) impersonate any person or entity; (h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (i) violate any applicable local, state, national, or international laws; (j) harass or "stalk" another individual; or (k) collect or store personal data about other users, (l) authorize, aid, or encourage anyone to do anything in violation of this Terms of Service.
In using the Service and other third-party services to which the BLOCKCHAINJOURNAL.COM or BLOCKCHAIN JOURNAL brands have been extended, you may access Content that is uploaded by other users, such as information in our directories, message boards, search results, and other parts of the Service. You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. Uploaded Content is the sole responsibility of the person who Uploaded it. We do not make any representations or warranties about the accuracy, integrity, quality or any other aspect of such Content and disclaim all liability for such Content for any loss or damage incurred as a result of the use of such Content. By using the Service and other third-party services to which the BLOCKCHAINJOURNAL.COM or BLOCKCHAIN JOURNAL brands have been extended, you agree to bear all risks associated with the use of any Content on the Service(s) and any reliance on the accuracy, completeness, or usefulness of such Content.
We do not pre-screen, edit, or review all Content made publicly available to areas of the Service and other third-party services to which the BLOCKCHAINJOURNAL.COM or BLOCKCHAIN JOURNAL brands have been extended. We have the right (but not the obligation) in our sole discretion, to remove, move, change from public to private, or otherwise restrict any Uploaded Content at any time, with or without notice.
With regard to Content you Upload or Share for inclusion in any publicly accessible areas of the Service and other third-party services to which the BLOCKCHAINJOURNAL.COM or BLOCKCHAIN JOURNAL brands have been extended, you hereby grant us the worldwide, royalty-free, perpetual, irrevocable, and non-exclusive license to use, reproduce, modify, translate, display, create derivative works from, and publish such Content on or in connection with the Service and other third party services to which the BLOCKCHAINJOURNAL.COM or BLOCKCHAIN JOURNAL brands have been extended. You acknowledge that we in our sole discretion may choose not to display any Content you Upload in publicly accessible areas. If you do not want such information publicly visible, then do not post such information to the Service and other third-party services to which the BLOCKCHAINJOURNAL.COM or BLOCKCHAIN JOURNAL brands have been extended. At which time the Service and other third-party services to which the BLOCKCHAINJOURNAL.COM or BLOCKCHAIN JOURNAL brands have been extended allow for the publication of any Content you Upload, a unique identifier associated with your account (account alias, account ID, wallet ID, etc.) will always be publicly visible with that content.
The Service or other third-party services to which the BLOCKCHAINJOURNAL.COM or BLOCKCHAIN JOURNAL brands have been extended may provide, or third parties may provide, references and/or links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse or sponsor, and are not responsible or liable for any TOS, content, advertising, products, or other Materials on or available from such sites or resources. You further acknowledge and agree that we 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 use of or reliance on any such Content, goods, or services available on or through any such site or resource.
7. OUR PROPRIETARY RIGHTS
You acknowledge and agree that the Service uses and contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that, unless otherwise noted within the Content itself, the information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized in these Terms of Service or in disclaimers (e.g.; Creative Commons attributes) that accompany specific selections of Content and Information, you agree not to modify, sell, distribute or create derivative works based on the Service in whole or in part for any purpose whatsoever. You agree not to access or search or attempt to access or search the Service by machine or software-driven methods or techniques for the purpose of exfiltrating the data, information, and other Content that is stored on the Service. You agree to only use the published interfaces that are provided by the Service unless you are specifically allowed to do so in a separate agreement with the operators (Swirlds Labs Inc.) of the Service; Scraping the Service or otherwise retrieving the Service's code, data, or content using automation without the prior consent from the operators (Swirlds Labs Inc.) of the Service is expressly prohibited.
9. FORCE MAJEURE.
The Service, our parent organization(s), our subsidiaries, affiliates, officers, agents, co-branders or other partners, representatives and employees 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. The Materials provided by the Service may be suspended temporarily without notice for security reasons, system failure, maintenance, and repair, or other circumstances.
We may terminate your account in whole or part, or remove or discard any Content you may have Uploaded to the Service and other third-party services to which the BLOCKCHAINJOURNAL.COM or BLOCKCHAIN JOURNAL brands have been extended at any time, for any reason, with or without notice.
We reserve the right to terminate your access to the Service at any time or deactivate and/or delete your account and all information in your account at any time, with or without notice. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Service or any loss or deletion of your Uploaded Content.
11. ADVERTISERS ON BLOCKCHAINJOURNAL.COM
You agree that any and all correspondence and business dealings between you and ANY advertisers whose advertisements appear on the Service and other third-party services to which the BLOCKCHAINJOURNAL.COM or BLOCKCHAIN JOURNAL brands have been extended, are solely between you and such advertiser. We will not be liable for any loss or damage as a result of interactions or dealings with such advertisers, or for the content of any advertisements on the Service.
You agree to indemnify and hold us (“the Service”), our parent organization(s), our subsidiaries, affiliates, officers, agents, co-branders, or other partners, representatives, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service and other third party services to which the BLOCKCHAINJOURNAL.COM or BLOCKCHAIN JOURNAL brands have been extended, your use of the Service and other third party services to which the BLOCKCHAINJOURNAL.COM or BLOCKCHAIN JOURNAL brands have been extended, your connection to the Service and other third party services to which the BLOCKCHAINJOURNAL.COM or BLOCKCHAIN JOURNAL brands have been extended, your violation of the Terms of Service, or your violation of any rights of another.
13. GENERAL DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a) YOUR USE OF THE SERVICE AND OTHER THIRD PARTY SERVICES TO WHICH THE BLOCKCHAINJOURNAL.COM OR BLOCKCHAIN JOURNAL BRANDS HAVE BEEN EXTENDED IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE AND OTHER THIRD PARTY SERVICES TO WHICH THE BLOCKCHAINJOURNAL.COM OR BLOCKCHAIN JOURNAL BRANDS HAVE BEEN EXTENDED WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE AND OTHER THIRD PARTY SERVICES TO WHICH THE BLOCKCHAINJOURNAL.COM OR BLOCKCHAIN JOURNAL BRANDS HAVE BEEN EXTENDED WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE AND OTHER THIRD PARTY SERVICES TO WHICH THE BLOCKCHAINJOURNAL.COM OR BLOCKCHAIN JOURNAL BRANDS HAVE BEEN EXTENDED IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE AND OTHER THIRD-PARTY SERVICES TO WHICH THE BLOCKCHAINJOURNAL.COM OR BLOCKCHAIN JOURNAL BRANDS HAVE BEEN EXTENDED SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE AND OTHER THIRD PARTY SERVICES TO WHICH THE BLOCKCHAINJOURNAL.COM OR BLOCKCHAIN JOURNAL BRANDS HAVE BEEN EXTENDED; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE AND OTHER THIRD PARTY SERVICES TO WHICH THE BLOCKCHAINJOURNAL.COM OR BLOCKCHAIN JOURNAL BRANDS HAVE BEEN EXTENDED; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE AND OTHER THIRD PARTY SERVICES TO WHICH THE BLOCKCHAINJOURNAL.COM OR BLOCKCHAIN JOURNAL BRANDS HAVE BEEN EXTENDED; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
15. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.
16. ARBITRATION; GOVERNING LAW
Except where prohibited by law, You agree that at the sole and exclusive discretion of Swirlds Labs Inc. that (1) any and all disputes and causes of action arising out of, relating to, or connected with these Terms, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held in Collin County, Texas, USA; (2) the Federal Arbitration Act shall govern the interpretation, enforcement, and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Any dispute between the parties that is not subject to arbitration will be resolved in the state or federal courts of Texas and the United States of America, respectively, sitting in Collin County, Texas, except to the extent prohibited by applicable local law. These Terms shall be governed by, subject to, and construed in accordance with the laws of Texas, USA, excluding all conflict of law rules. This does not affect any rights You may have under the law of the country in which You are a resident, including Your right to have a dispute in relation to these Terms heard in the courts of that country solely to the extent required under such applicable local laws. If any provision(s) of these Terms are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
These Terms of Service constitute the entire agreement between you and us and govern your use of the Service. Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision. In addition, the other provisions of these Terms of Service remain in full force and effect. The section titles in these Terms of Service serve to present the information clearly and have no legal or contractual effect.