Last Updated: June 27, 2018
IN ORDER TO USE CERTAIN FEATURES AND FUNCTIONALITIES OF THE ETHERPARTY PLATFORM, YOU WILL BE REQUIRED TO SPEND OR TRANSFER FUEL TOKENS TO US. YOU ACKNOWLEDGE AND UNDERSTAND THAT FUEL TOKENS MAY HAVE REAL, MONETARY VALUE. IF YOU WERE A BETA USER OR TESTER OF AN EARLIER VERSION OF OUR ETHERPARTY PLATFORM, THEN WE MAY HAVE MADE AVAILABLE OUR ETHERPARTY PLATFORM TO YOU AT NO COST. YOU ACKNOWLEDGE AND AGREE THAT WHILE THE CURRENT ETHERPARTY SOLUTION MAY BE SUBSTANTIALLY SIMILAR TO THE FREE VERSION, YOU WILL NOW BE REQUIRED TO SPEND OR TRANSFER FUEL TOKENS TO US IN ORDER TO USE CERTAIN FEATURES OR FUNCTIONALITY OF THE ETHERPARTY PLATFORM.
PLEASE CAREFULLY READ ALL DISCLAIMERS AND LIMITATIONS OF LIABILITY, PARTICULARLY THE DISCLAIMERS IN SECTIONS 11(b) AND 11(e) RELATED TO CUSTOMIZED SMART CONTRACTS, ORACLES, NAMING OF SMART CONTRACTS AND TOKENS, WALLETS AND PRIVATE KEYS.
2. Access to the Etherparty Platform
3. License to Customized Smart Contracts
4. Data You Upload To Us
You grant to us an irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, royalty-free, transferable and sublicensable license during the Term to access, collect, store and use any data, information, records and files that: (a) you load, transmit to or enter into the Etherparty Solution; or (b) that we collect from your usage of the Etherparty Solution ((a) and (b), collectively, the “User Data”), to: (i) develop, enhance and make available the Etherparty Solution; and (ii) to produce data, information or other materials that are not identified as relating to a particular individual or company (such data, information and materials, the “Aggregated Statistical Information”). We are free to create, use and disclose Aggregated Statistical Information for any purpose and without obligations of any kind.
6. No Unlawful or Prohibited Use
Without limiting the generality of the foregoing, you will not (and will not attempt to), as applicable:
(i) send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the Etherparty Solution any data, information, pictures, videos, music, or other materials or content that:
(A) contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
(B) you do not have the lawful right to send, upload, collect, transmit, store, use, publish or otherwise communicate;
(C) is false, intentionally misleading or impersonates any other person;
(D) is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual;
(E) is harmful to minors in any way or targeted at minors;
(F) violates any applicable laws, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity); or
(G) encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability;
(ii) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Etherparty Solution (e.g., a denial of service attack);
(iii) attempt to gain unauthorized access to the Etherparty Solution;
(iv) use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Etherparty Solution or any part thereof or otherwise attempt to discover any source code;
(v) use the Etherparty Solution for the purpose of building a similar or competitive product or service;
(a) Fees. You will pay the amount of FUEL Tokens described on the Etherparty Platform when using certain functionalities and features (e.g., to create, use or manage smart contracts), including any transaction fees or applicable taxes (such fees, the “Fees”).
(b) Changes to the Fees. While we may provide you with advance prior notice, we reserve the right to change the Fees and institute new charges any time.
(c) Transactions Are Final / No Refunds. Cryptocurrency transactions are final. Accordingly, you acknowledge and agree that once you initiate a FUEL Token transaction, such transaction cannot be reversed and we will not issue any refunds to you.
(d) Incorrect Payments. If you attempt to initiate a transfer of FUEL Tokens in an amount that is different from the exact cost of the FUEL Tokens described on the Etherparty Platform, you may be required to re-submit payment for the correct amount in order to complete the purchase.
9. Communications Not Confidential
We do not guarantee the confidentiality of any communications made by you through the Etherparty Solution. We do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Etherparty Solution.
(a) GENERAL DISCLAIMER. THE ETHERPARTY SOLUTION IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE ETHERPARTY SOLUTION WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET
ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE ETHERPARTY SOLUTION IS OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
(b) CUSTOMIZED SMART CONTRACT – GENERAL. YOU ACKNOWLEDGE AND AGREE THAT WE CANNOT GUARANTEE THAT THE CUSTOMIZED SMART CONTRACTS WILL BE FREE FROM CODING DEFECTS, ERRORS, OR BUGS, OR MEET YOUR PARTICULAR REQUIREMENTS. WHILE THE ETHERPARTY PLATFORM ASSISTS YOU WITH THE CREATION OF SMART CONTRACTS, YOU ARE RESPONSIBLE FOR TESTING AND ENSURING THE CUSTOMIZED SMART CONTRACTS MEETS YOUR REQUIREMENTS AND USE CASES.
(c) CUSTOMIZED SMART CONTRACTS – ORACLE. THE CUSTOMIZED SMART CONTRACTS MAY BE DESIGNED TO INTERACT WITH AGENTS AND SERVICES OUTSIDE OF THE BLOCKCHAIN ON WHICH THE CUSTOMIZED SMART RESIDES (“ORACLES”). YOU ACKNOWLEDGE AND AGREE THAT ORACLES ARE NOT PART OF THE ETHERPARTY PLATFORM AND THAT WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS, QUALITY, PERFORMANCE OR THE ACTS OR OMISSIONS OF ANY ORACLES.
(d) CUSTOMIZED SMART CONTRACTS – NAMING OF SMART CONTRACT AND ICO TOKENS. WHILE THE ETHERPARTY PLATFORM PERMITS YOU TO NAME YOUR CUSTOMIZED SMART CONTRACTS AND THE TOKENS YOU CREATE THROUGH THE USE OF CUSTOMIZED SMART CONTRACTS, YOU ACKNOWLEDGE AND AGREE THAT: (1) SUCH NAMES MAY ALREADY BE IN USE AND MAY CAUSE CONFUSION WITH YOUR CUSTOMIZED SMART CONTRACT OR TOKEN; AND (2) YOU WILL ENSURE SUCH NAMES DO NOT VIOLATE ANY APPLICABLE LAW OR THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON.
(e) PRIVATE KEYS AND WALLET DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO PROTECT THE PRIVATE KEYS TO YOUR FUEL TOKENS AND ENSURE ITS SAFETY AND SECURITY. IF YOU LOSE YOUR PRIVATE KEYS, IT WILL NOT BE POSSIBLE FOR US TO RECOVER IT ON YOUR BEHALF. IF WE MAKE AVAILABLE OUR DIGITAL WALLET FOR THE STORAGE OF FUEL TOKENS TO YOU, WE DO SO OUT OF CONVENIENCE ONLY AND ASSUME NO RESPONSIBILITY OR LIABILITY IN CONNECTION WITH YOUR USE OF OUR WALLET.
(f) USE OF CORRECT ADDRESS FOR TOKEN TRANSACTIONS. YOU ACKNOWLEDGE THAT BLOCKCHAIN TOKEN TRANSACTIONS (WHICH INCLUDE ANY FUEL TOKEN TRANSACTIONS) ARE TECHNICALLY IRREVERSIBLE AND THAT IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THE CORRECT ADDRESS IS USED FOR ANY BLOCKCHAIN TOKEN TRANSACTIONS THROUGH THE ETHERPARTY PLATFORM. WE CANNOT REVERSE ANY BLOCKCHAIN TOKEN TRANSACTIONS AND,
ACCORDINGLY, WILL NOT REIMBURSE OR REFUND YOU FOR ANY SUCH TRANSACTIONS.
12. Limitation of Liability
You will defend, indemnify and hold harmless us and all of our officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including reasonable legal and accounting fees arising out of or in connection with:
(a) your breach of your warranties described hereunder;
(b) your violation of any applicable law or the rights of a third party (including intellectual property rights); or
14. Term and Termination; Survival
any then-available interfaces on the Etherparty Solution) that your account with us be deleted.
15. General Provisions
(b) Class Action Waiver. Except as restricted by applicable law, you acknowledge and agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any class or representative action. Accordingly, you hereby waive all rights to assert any claims against us as a representative or member of any class or representative action.
(g) Force Majeure. We will not be liable for delays caused by any event or circumstances beyond EP’s reasonable control, including acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, Internet service failures or delays.