By accessing or using the Websites and Services, you agree to be bound by these Terms and any other rules or policies that we adopt and publish from time to time, which are incorporated herein by reference (which collectively constitute the “Agreement“). Your use of any Services is also subject to additional terms notified to you as being applicable to such Services, which also form part of this Agreement. Please do not use the Websites or Services if you do not agree to be bound by this Agreement.
Acceptance of Terms
- Scope. This Agreement govern your access to and use of the EOSIO website (URL: eos.io) and its subdomains for the time being, including without limitation, testnet.eos.io, hackathon.eos.io, vc.eos.io, battles.eos.io, developers.eos.io (the “Websites”) and any products, software, services, accounts, and tools provided by us through the Websites (the “Services”).
- Conditions of Use. Your access and use of the Websites and Services are conditional upon your acceptance of and compliance with this Agreement.
- Access and Use by Organisations. If you access or use the Website and Services on behalf of an organisation, you represent and warrant that you have the authority to enter into this Agreement on behalf of that organisation and to bind that organisation to such terms (and references to “you” in this Agreement refer to that organisation).
Availability of the Websites
- Availability. We do not guarantee that the Websites and Services will always be available or uninterrupted. The Websites and Services are not offered to, or intended to be used by, any person or entity that is the subject of sanctions administered or enforced by any country or government or otherwise designated on any list of prohibited or restricted parties (including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government, the European Union or its Member States, or other applicable government authority) or organised or resident in a country or territory that is the subject of country-wide or territory-wide sanctions. You represent and warrant that neither you nor any party having a direct or indirect beneficial interest in you or on whose behalf you are acting as agent or nominee is such a person or entity and you will comply with all applicable import, re-import, sanctions, anti-boycot, export, and re-export control laws and regulations. If this is not accurate or you do not agree, then you must immediately cease accessing our Websites and Services.
- Access Restrictions. From time to time we may decide to temporarily restrict or block access to, or use of, all or part of the Websites and Services without notice and reserve the right to do so for business or operational reasons. We also reserve the right to disable, block or restrict any access or use of our Websites and Services from any individuals or companies that are currently under any sanctions programs.
- Withdrawal and Amendments. We reserve the right to withdraw and/or amend any features of the Websites and Services without notice (save to the extent otherwise set out in the relevant Service Terms) and we accept no liability, no matter how that may be caused, arising from us doing so.
Accounts and Security Information
- Security Information. To use our Website and Services, you may be required to choose, or be provided with, a user identification code, password or any other piece of information as part of the Websites’ security procedures (the “Security Information“). You shall treat such Security Information as confidential and you must not disclose it to any third party.
- Disablement. We have the right to disable any Security Information, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of this Agreement or if we consider that the Security Information has been compromised in any way.
- Notification. If you know or suspect that any third party knows or had unauthorised access to or use of your Security Information, you must promptly notify us.
- Liability. We are not liable for any loss or damage that you may incur as a result of someone else using or accessing your Security Information to access or use the Websites and Services, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else’s access to or use of the Websites and Services via the use of your Security Information.
Open Source Software
- Download and Availability. We may make (but are not obliged to make) the source code for the software we develop available for download as open source software. If you use such open source software, you agree to be bound by and comply with any licence terms that apply to such open source software. You will not indicate that you are associated with us in connection with your use, modifications or distributions of such open source software.
- Licence Terms. If we host any software and enable you to access and use such software through the Websites and Services, then this Agreement will apply to such access and use, in addition to any licence agreements that we may enter into with you.
- Ownership. The Websites and Services are owned by Block.one and protected by copyright, trademark, and other intellectual property rights and laws of applicable countries, unless otherwise specifically indicated. You agree to abide by all applicable proprietary rights and laws, as well as any trademark or copyright notices or restrictions contained in this Agreement. The trademarks, service marks, slogans, logos, trade dress and other identifiers (“Marks”) displayed on the Websites and Services are our property, unless as otherwise disclosed.
- Prohibitions. You are prohibited from modifying, copying, displaying, distributing, transmitting, publishing, selling, licensing, creating derivative works from, or using any portions of the Websites and Services for commercial or public purposes without our express authorisation or as expressly permitted by applicable copyright or trademark law. You may not copy any part of the materials on the Websites and Services without our express prior written authorisation and subject to our copyright notice being affixed to the copied material. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any licence or right under any of our patent, trademark, copyright or other proprietary rights for any purpose not expressly set out in this Agreement.
- Trademark Notice. Our Trademark Notice is published on the Websites and it sets out the prohibition of use of our Marks by third parties. Please read our Trademark Notice for more information related to the restrictions on the use of our Marks and the permitted uses of some of our community Marks by the EOSIO community.The Trademark Notice forms part of this Agreement.
- No Transfer. No right, title, or interest in or to the Websites and Services is transferred to you, and all rights are reserved by Block.one.
- Use of Materials. Except as otherwise indicated elsewhere on the Websites, you may view, download and print the materials available on the Websites subject to the following conditions:
- the materials must be used solely for personal, informational, internal, non-commercial purposes;
- the materials must not be modified or altered in any way;
- the materials must not be distributed;
- you must not remove any copyright or other proprietary notices contained in the materials;
- we reserve the right to revoke the authorisation to view, download, and print the materials available on the Websites at any time, and any such use shall be discontinued immediately upon written notice from us; and
- the rights granted to you constitute a non-exclusive licence and not a transfer of title.
- Exclusions. The rights specified above to view, download and print the materials available on the Websites are not applicable to the design or layout of the Websites.
- Website Elements. Elements of the Websites are protected by intellectual property laws and other laws and may not be copied or imitated in whole or in part.
- Availability; Ownership; Disclaimer. We are not responsible for any Third-Party Resources and all materials about them are provided on an “as-is” and “as available” basis. Any copyright or other intellectual property rights in the Third-Party Resources remain the property of their respective authors and owners. The inclusion of any materials does not constitute approval, endorsement or recommendation by us of any Third-Party Resources or any third party, and we disclaim all responsibility and liability for your use of any Third-Party Resources.
- Protection and Back-up. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any Third-Party Resources. We are not liable for any damages that you suffer in connection with any Third-Party Resources, including without limitation in connection with accessing, relying on, downloading, installing, using, modifying or distributing any Third-Party Resources.
- No Warranty. No information obtained by you from our Websites shall create any warranty in respect of any Third-Party Resources. We make no representation, warranty, guarantee or undertaking of any kind in respect of any Third-Party Resources, including without limitation as to the effectiveness, security, functionality, operation, reliability, quality, accuracy, validity, legality or intellectual property rights compliance of any Third-Party Resources.
- Updates and Amendments. Third-Party Resources may be updated, changed or terminated at any time, and any materials provided on our Websites may be or become out of date or inaccurate.
- Third-Party Services. Our Services may contain or require the use of third-party services or technologies (“Third-Party Services”), which may be licensed or made available to you for use under separate agreements. You are responsible for complying and/or non-compliance with any terms and conditions of such Third-Party Services or as required or specified by us. The third-party provider or owner of such Third-Party Services retain the rights, ownership and title in and to such Third-Party Services.
- Risks of Use. We make no representation or warranty as to the accuracy, completeness, reliability, merchantability, or fitness for a particular purpose of Third-Party Resources provided on our Websites nor any commitment to update or correct such materials. USAGE OF AND RELIANCE ON SUCH THIRD-PARTY RESOURCES ARE ENTIRELY AT YOUR OWN RISK.
- User Content Requirements. If you post, upload, input, provide or submit any content, data or information to us, including without limitation, your name, email address, IP address, blockchain account name or address, text, code or other information and materials (whether via the Websites or Services mailing lists or otherwise) (collectively, your “User Content”), you must ensure that the User Content provided by you at that or at any other time is true, accurate, up to date, complete and not misleading and that any such User Content does not infringe the intellectual property rights of any third party.
- Responsibility for User Content. We do not own, control or endorse any User Content that is transmitted, stored or processed via the Websites or Services or sent to us and we are not responsible or liable for any User Content. You are solely responsible and liable for all of your User Content and for your use of any interactive features, links or information or content on the Websites or Services, and you represent and warrant that:
- you own all intellectual property rights (or have obtained all necessary permissions) to provide your User Content and to grant the licences in these terms;
- your User Content will not violate any agreements or confidentiality obligations; and
- your User Content will not violate, infringe or misappropriate any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.
- Confidentiality. Any User Content that is transmitted, stored or processed via the Websites and Services or sent to us shall be considered non-confidential. By posting, uploading, inputting, providing or submitting your User Content to us, you grant us and our sub-licencees an irrevocable, sublicensable, non-exclusive, royalty-free, worldwide, perpetual, right and permission to use, reproduce, copy, create derivative works from, distribute, transmit, publicly perform or publicly display your User Content.
- Screening. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content.
- Prohibited Materials. You are prohibited from using the Websites to post or transmit any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, any material that is contrary to applicable local, federal, or international laws and regulations, any material that could constitute or encourage unlawful conduct, or any content or materials that we reasonably deem as inappropriate or offensive.
- Monitor and Review. We may from time to time monitor or review material transmitted, stored or processed via the Websites or Services or sent to us, and we reserve the right to delete any material our company deems inappropriate. We are under no obligation to do so and assume no responsibility or liability arising from any material transmitted or posted using the Websites.
Warranties and Disclaimers
- ‘As is’ / ‘as available’. The Websites and Services are provided on the “as is” and “as available” basis without warranty or condition of any kind, either express or implied, including, but not limited to, the implied terms of satisfactory quality, merchantability or fitness for a particular purpose.
- No Warranty. Subject to clause 11.3, we make no representation or warranty, nor accept any obligation to ensure that:
- the Websites and Services Materials will meet your requirements;
- the Websites and Services will be uninterrupted, timely, secure, or error-free;
- the results that may be obtained from the use of the Websites and Services will be effective, accurate or reliable; and
- the quality of any Websites or Services will meet your expectations.
- Survival. The disclaimers and exclusions set out in this Agreement survive any termination or expiration of your access to or use of the Websites and Services and any termination or expiry of this Agreement.
Limitation of Liability
- Limitation of Liability. Subject to clause 12.2 (Exclusions), in no event shall Block.one nor any person associated with Block.one be liable for damages of any kind (including any direct, indirect, special, incidental, consequential, or punitive damages) arising out of or in connection with your access to, use of, or inability to use, the Website and Services. In addition, neither Block.one nor any person associated with Block.one is liable for any errors, omissions, misstatements, or misrepresentations (whether express or implied) concerning any information on the Websites or Services.
- Exclusions. To the extent applicable laws and regulations do not allow the exclusions or limitations of liability as set out above, some or all of the above exclusions and limitations may not apply to you, in which case our liability to you will be limited to the fullest extent permitted by applicable laws and regulations. Nothing in this Agreement exclude or limit our liability for:
- death or personal injury arising from our negligence;
- fraudulent misrepresentation; or
- any other liability which may not lawfully be excluded or limited.
- Indemnity. You shall indemnify, defend, and hold us, and our directors, officers, agents, representatives, co-branders or other partners, and employees, harmless from and against any claim, demand, suit, proceeding, cause of action, including all reasonable attorneys’ fees and expenses, made by any third party or suffered or incurred by us or them as a result of, arising out of or in connection with:
- the User Content you submit, transmit, store or process through the Websites and Services;
- your conduct in connection with the Websites or Services;
- your access to or use of the Websites and Services;
- your violation of this Agreement (inclusive of all terms relating to any Services); or
- your violation of any rights of another person or entity.
- Defence; Control; Settlement. We reserve the right, at our own expense, to assume the exclusive defence, control or settlement of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences or settlements.
- Survival. The obligations set forth in this section of this Agreement survive any termination or expiration of your access to or use of the Website and Services, and any termination or expiry of this Agreement.
Acceptable Use Policy
- Acceptable Use. You must only use the Website and Services for their stated or intended purpose and in accordance with this Agreement and all applicable laws and regulation.
- Unacceptable Use. You must not, and must not permit any person to:
- interfere or violate the legal rights (such as rights of privacy and publicity) of others or violate others’ use or enjoyment of the Websites and Services;
- attempt to do anything that does or could interfere with, disrupt, negatively affect or inhibit other users from using the Website and Services or links on the Websites or that could damage, disable, overburden or impair the functioning of the Websites, Services or our servers or any networks connected to any of our servers in any manner;
- create a false identity for the purpose of misleading or deceiving us or others or fraudulently or otherwise misrepresent yourself to be another person or a representative of another entity including, but not limited to, an authorised user of the Websites or our representatives, or fraudulently or otherwise misrepresent that you have an affiliation with a person, entity or group;
- mislead or deceive us, our representatives and any third parties who may rely on the information provided by you, by providing inaccurate or false information, which includes omissions of information;
- disguise the origin of any material transmitted via the Websites and Services (whether by forging message/packet headers or otherwise manipulating normal identification information);
- violate, infringe or misappropriate any intellectual property right of any person (such as copyright, trademarks, patents, or trade secrets, or other proprietary rights of any party) or commit a tort;
- upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;
- access any content, area or functionality of the Websites and Services that you are prohibited or restricted from accessing or attempt to bypass or circumvent measures employed to prevent or limit your access to any content, area or functionality of the Websites or Services;
- obtain unauthorised access to or interfere with the performance of the servers which host the Websites and Services or any servers on any associated networks or otherwise fail to comply with any policies or procedures relating to the use of those servers;
- gain unauthorised access to any services or products, other accounts, computer systems, or networks connected to any of our servers through hacking, password mining, or any other means;
- obtain any materials or information through any means not intentionally made available through the Websites and Services;
- harvest or otherwise collect, whether aggregated or otherwise, data about others including email addresses and/or distribute or sell such data in any manner;
- use any part of the Websites and Services other than for its intended purpose;
- use any automated means or form of scraping or extracting any data, content or information on the Websites and Services unless it is expressly authorised by us;
- engage in any act that undermines or compromises the security and integrity of the computer, communication systems, networks, software application, or other computing devices used in connection with the Websites and Services;
- monitor traffic on the Websites and Services, or permit anyone to do so;
- engage in or promote any activity that violates this Agreement; and
- attempt to do any of the foregoing.
No Financial Services Activities or Advice
- No Offer; No Solicitation. The information and any materials contained in the Websites or Services should not be considered as an offer or solicitation to buy or sell financial instruments, provide financial advice, create a trading platform, facilitate or take deposits or provide any other financial services of any kind in any jurisdiction.
- No Advice. The information contained on or in the Websites and Services is not intended to provide and should not be construed as advice of any kind. You shall not use the Websites and Services as a substitute for independent investigations and competent financial judgement and you should obtain appropriate professional advice when necessary. It does not take into account your objectives, financial situation or needs.
To the fullest extent permitted by applicable lawS AND REGULATIONS, you release us and our directors, officers, agents, representatives, co-branders or other partners, and employees from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE § 1542 WHICH PROVIDES THAT “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,” AS WELL AS ANY OTHER STATE OR FEDERAL STATUTE OR COMMON LAW PRINCIPLES THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
Governing Law and Dispute Resolution
- Governing Law. This Agreement and our relationship with you (including any dispute, controversy or claim arising out of or in connection with this Agreement (including the existence or formation of this Agreement)) are governed by the laws of England.
- Dispute Resolution Forum. The courts of England shall have exclusive jurisdiction in the event of any dispute between you and us that arise out of or in connection with your access or use of the Website and Services.
Right of Modification
- Termination Without Notice. We may terminate this Agreement at any time without notice to you if we believe, in our sole discretion, that you have breached, or may breach, any term or condition of this Agreement, or for our convenience.Termination of this Agreement does not affect rights or liabilities, which may have accrued or become due prior to the date of termination or the coming into, or continuance in, force of any provision which is expressly or by implication intended to come into or continue to be in force on or after termination.
- Rights in General. We reserve the right, without notice and for any reason, to remove any materials from the Websites, correct any errors, inaccuracies, or omissions in any materials on the Websites, change or update any materials on the Websites. We may deny access to, or suspend or terminate use of, all or any part of the Website and Services for any user(s) at any time and without prior notice, and we reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or Services (or any part thereof) with or without notice, unless otherwise indicated in an express agreement between you and us. We are not liable to you or to any third party for any modification, suspension or discontinuance of the Websites or Services.
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable laws and regulations, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure by us to exercise or enforce any right or provision of this Agreement does not constitute a waiver of our rights, at law or in equity, or a waiver of any other provisions or subsequent default by you in the performance or compliance with any of this Agreement.
This Agreement and any other policies or rules posted by us on the Websites constitute the entire agreement and understanding between you and us and govern your access and use of the Websites and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of this Agreement). Any ambiguities in the interpretation of this Agreement shall not be construed against the drafting party.
All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.
If you have any questions or feedback about this Agreement, please contact us at:
Maples Corporate Services Limited,
PO Box 309, Ugland House,
Date of Last Update: January 15, 2020