ACCEPTANCE OF THE TERMS AND CONDITIONS.
True Contracts, Inc. (herein referred to as the “Company,” “we,” “us” or “our”) provides and makes available this website (the “Website”). Any use of this Website is subject to the terms and conditions contained in this Terms of Use Agreement (the “Agreement”). Please read this Agreement carefully. By accessing, browsing, contributing to or using this Website, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, you shall not access, browse, contribute to, or otherwise use the Website.
You understand and agree that we may change this Agreement at any time without prior notice. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the date this Agreement was last revised. You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Use” link on the Website. The revised terms and conditions will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Website or changes made for legal reasons will be effective immediately. Any use of the Website after such effective date shall constitute your acceptance of such revised terms and conditions. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing, contributing to, or otherwise using the Website.
If you are under thirteen (13) years of age, you are not authorized to use the Website. In addition, if you are under eighteen (18) years of age, you may use the Website, only with the approval of your parent or guardian.
You further hereby represent and warrant to Company that:
(a) You are not trying to access the Website, or the smart contracts marketplace, from, nor are you a citizen or resident of any jurisdiction the laws of which prohibit or conflict with the use of the Website or the smart contracts marketplace;
(b) You are not trying to access the Website, or the smart contracts marketplace, from the Democratic People’s Republic of Korea, Cuba, Syria, Iran and People’s Republic of Crimea;
(c) You are not a “Prohibited Person”, meaning that you are not (i) a citizen or resident of a geographic area in which use of the smart contracts marketplace is prohibited by applicable law, decree, regulation, treaty, or administrative act, (ii) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other applicable comprehensive country sanctions or embargoes, (iii) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce’s Denied Persons, Unverified, or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons or Foreign Sanctions Evaders Lists, or the U.S. Department of State’s Debarred Parties List or the sanctions lists adopted by the United Nations and the European Union to such extent such sanctions are extended by the UK Government to its Overseas Territories, as such lists may be amended from time to time, or (iv) a person who acts, directly or indirectly, for a senior foreign political figure, any member of a senior foreign political figure’s immediate family or any close associate of a senior foreign political figure. No person or entity that controls, is controlled by or under common control with, you is a Prohibited Person. No person having any direct or indirect beneficial interest in you is a Prohibited Person;
(d) YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR A CLASS WIDE ARBITRATION AGAINST TRUE CONTRACTS, INC., ANY PERSON OR ENTITY INVOLVED ON THE WEBSITE, OR THE SMART CONTRACTS MARKETPLACE;
(e) You bear the sole responsibility to determine what tax implications your use of the Website or the Smart contracts marketplace; and
(h) All of the above representations and warranties are, and will continue to be, true, complete, accurate and non-misleading from the time of your acceptance of this attestation and notwithstanding the use by you of the Website, or the Smart contracts marketplace.
DESCRIPTION OF THE WEBSITE.
The Website is a publishing and hosting website that provides a forum where the smart contracts marketplace can be accessed. The Company reserves the right to modify, suspend, or discontinue the Website with or without notice at any time.
PROPER USE.
You agree that you are responsible for your own use of the Website, and for any consequences thereof. You agree that you will use the Website in compliance with all applicable local, state, national, and international laws, rules and regulations, including, but not limited to, any laws regarding the transmission of technical data exported from your country of residence and all United States export control law.
You agree NOT to:
THIRD PARTY CONTENT AND EXTERNAL LINKS.
Some information made available on or through the Website is provided by third parties (“Third Party Content”). The inclusion or appearance of Third-Party Content on the Website does not indicate any approval or endorsement by the Company of such Third-Party Content. The Company is not responsible for, and hereby disclaims any and all liability that may arise from Third-Party Content or the act of accessing, browsing, or otherwise using such Third Party Content.
The Website contains links to third-party websites (“External Sites”). The content of such External Sites is developed and provided by others. These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.
We are not responsible for the content of any External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
INTELLECTUAL PROPERTY
You acknowledge that the Company owns all the materials produced by the Company for the Website (collectively referred to as the “Company Content”). The Company hereby grants you a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual, irrevocable right (including moral rights) and license to use, reproduce, distribute, create derivative works based on, and/or display such Company Content. You agree that if you exactly reproduce a materially significant portion of any Company Content that you will provide attribution to the Company as the author of such Company Content.
Notwithstanding the foregoing, the trademarks and logos of the Company (the Company Trademarks”) used and displayed on this Website are registered and unregistered trademarks of the Company. Other company, product, and service names located on the Website may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with the Company Trademarks, the “Trademarks”). Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without the prior written consent of the Company specific for each such use. The Trademarks may not be used to disparage the Company or the applicable third-party, the Company’s or third-party’s products or services, or in any manner (in the Company’s sole reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless the Company approves the establishment of such a link by prior written consent. All goodwill generated from the use of any Company Trademark shall inure to the Company’s benefit.
You represent and warrant to the Company that (i) you have full power and authority to enter into this Agreement; (ii) you are eighteen (18) years of age or older or if you are under eighteen (18) years of age but older than thirteen (13) years of age, you have obtained approval from your parent or guardian to use the Website.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Website hosted by the Company infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter notices must meet the then current statutory requirements imposed by the DMCA. Notices and counter notices with respect to the Website should be sent to the Company at:
By Mail:
True Contracts Inc.
548 Market Street, PMB 61004, San Francisco,
California, United States of America, 94104
By Email: Info@truecontracts.io
PRIVACY POLICY
All information provided by you or collected by us during visits to the Website is governed by our Privacy Policy available at: https://truecontracts.io/privacy-policy/, which is hereby incorporated by reference into the Terms of Use. Any information submitted or provided by you to the Website may be publicly accessible. You should take care to protect private information or information that is important to you. The Company shall not be responsible for protecting any such information and is not liable for the protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. Please be aware that if you decide to disclose personally identifiable information on the Website, this information may become public.
LIMIT OF LIABILITY AND WARRANTY.
THE COMPANY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, THE SUBMISSIONS, OR THE THIRD-PARTY CONTENT, INCLUDING BUT NOT LIMITED TO, ITS ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS. THE COMPANY PARTIES SHALL NOT BE RESPONSIBLE FOR OR SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER OR FOR ANY ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE WEBSITE AT YOUR OWN RISK.
THE WEBSITE IS PROVIDED ON AN “AS IS”, “WHERE IS”, AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY PARTIES DO NOT WARRANT THAT THE WEBSITE OR ITS SERVICES WILL BE CONTINUOUS, UNINTERRUPTED OR SECURE, AND NOTIFIES YOU THAT OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE COMPANY’S CONTROL. THE COMPANY PARTIES FURTHER DO NOT WARRANT THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITE RESULTS IN THE NEED TO SERVICE OR REPLACE EQUIPMENT OR DATA, NO COMPANY PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION.
You agree to defend, indemnify, and hold harmless the Company, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access, contribution to use or misuse of the Website. The Company shall provide notice to you of any such claim, suit or proceeding The Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting the Company’s defense of such matter.
TERMINATION OF THE AGREEMENT.
The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website or the Content, at any time and for any reason without prior notice or liability. The Company reserves the right to change, suspend, or discontinue all or any part of the Website or the Content at any time without prior notice or liability.
SURVIVAL.
If this Agreement is terminated, Sections 1(a)-(h), 2 (Description of the Website and Submissions), Section 3 (Proper Use), Section 4 (Third-Party Content and External Links), Section 5 (Intellectual Property), Section 6 (Privacy Policy), Section 7 (Limit of Liability and Warranty), Section 8 (Indemnification), Section 9 (Termination of the Agreement), Section 11 (User Must Comply with Applicable Laws), and Section 12 (Miscellaneous) shall survive the termination of this Agreement.
USER MUST COMPLY WITH APPLICABLE LAWS.
We make no claims concerning whether the Website may be downloaded, viewed, or be appropriate for use in all countries or jurisdictions. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
MISCELLANEOUS.
This Agreement is governed by the internal substantive laws of the state of California, without respect to its conflict of laws’ provisions. You expressly agree to submit to the exclusive personal jurisdiction of the courts sitting in California. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Failure of the Company to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against the Company unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by the Company and you, this Agreement constitutes the entire Agreement between you and the Company with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.