Terms of Use
Last modified: November 25, 2024
1. Acceptance and Overview
These Terms of Use are entered into by and between you and Hectare Tech Ltd. (BVI) ("Hectare", "we", "us", or "our"), a subsidiary of Acre Foundation, which owns and operates the network located at acre.fi (the "Site"), and any content, functionality, smart contracts, distributed applications and services offered by Hectare in connection with the Acre network (collectively, the "Services").
These Terms of Use together with any documents and additional terms they expressly incorporate by reference, which includes any other terms and conditions or other agreement that Hectare posts publicly or makes available to you or the company or other legal entity you represent ("you" or "your") (collectively, these "Terms") govern your access to and use of the Services and participation in the Acre network.
Please read these Terms carefully, as these Terms govern your use of the Services. These Terms expressly cover your rights and obligations, and our disclaimers and limitations of legal liability, relating to your use of, and access to, the Services. By accessing or using the Services, you accept and agree to be bound by and to comply with these Terms, including the mandatory arbitration provision below. If you do not agree to these Terms, then you must not access or use the Services.
2. Modifications to These Terms
Hectare reserves the right, in its sole discretion, to modify these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by providing notice through the Services or updating the "Last Updated" date at the bottom of these Terms. Unless stated otherwise in a notice, all such modifications are effective immediately, and your continued use of the Services after notice is provided confirms your acceptance of the changes. Any changes to the dispute resolution provisions below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Site. If you do not agree to the amended Terms, then you must stop using the Site and the Services.
3. Description of Services
The Services provide a means of access to the Acre network, which is a universal Bitcoin rewards network(the "Network"). The Network allows users to deposit BTC to economically secure networks and protocols across the entire crypto ecosystem. The Services are distinct from the Network, and the Services are the primary, but not exclusive, means of accessing and interacting with the Network. By using the Services, you understand that you are not entering into any Digital Asset transactions with Hectare directly, but are instead transacting with other participants on the Network.
To use the Services, you may be required to use a digital wallet, which allows you to interact with public blockchains. Your use of that digital wallet and your relationship with that digital wallet provider is governed by the applicable terms of service made available by the applicable third party provide. We do not have custody or control over the contents of your digital wallet and have no ability to retrieve or transfer its contents. By connecting your digital wallet to our Services, you agree to be bound by these Terms.
4. Use of Services
4.1. As a condition to accessing or using the Services, you represent and warrant to Hectare the following:
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if you are entering into these Terms as an individual, then you are of legal age in the jurisdiction where you reside and you have the legal capacity to enter into these Terms and be bound by them;
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if you are entering into these Terms as an entity, then you must have the legal authority to accept these Terms on that entity's behalf, in which case "you" (except as used in this paragraph) will mean that entity;
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you must not be a resident, citizen or agent of, or incorporated in, and do not have a registered office in Iran, Cuba, North Korea, Syria, Myanmar (Burma), the regions of Crimea, Donetsk or Luhansk, or any other country or region that is the subject of comprehensive country-wide or region-wide economic sanctions by the United States (collectively, "Restricted Territories");
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you are not the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury) (collectively, "Sanctioned Person");
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you do not intend to transact with any Sanctioned Person;
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you explicitly agree that the smart contracts built into the Services are legally binding and enforceable upon you and the contract counterparty;
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you do not, and will not, use a VPN or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Services; and
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your access to the Services: (a) is not prohibited by and does not otherwise violate or assist you to violate any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any domestic or foreign federal, provincial or state, municipal, local, or other governmental, regulatory, judicial or administrative authority having jurisdiction over Hectare, you, the Services, or as otherwise duly enacted, enforceable by law, the common law, or equity (collectively, "Applicable Laws"); and (b) does not contribute to or facilitate any illegal activity.
4.2. As a condition to accessing or using the Services, you acknowledge, understand, and agree to the following:
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from time to time, the Services may be inaccessible or inoperable for any reason, including: (a) equipment or technology or other infrastructure delay, inaccessibility, or malfunctions; (b) periodic maintenance procedures or repairs that Hectare, its affiliates, its decentralized community, or any of its suppliers or contractors may undertake from time to time; (c) causes beyond Hectare's control or that Hectare could not reasonably foresee; (d) disruptions and temporary or permanent unavailability of underlying blockchain infrastructure; or (e) unavailability of third-party service providers or external partners for any reason. Without limitation of any other provision of these Terms, and as set forth below, Hectare has no responsibility or liability for any losses or other injuries resulting from any such events;
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we reserve the right to disable or modify access to the Services (such as restricting features of the Services) at any time in the event of any breach of these Terms, including, if Hectare reasonably believes any of your representations and warranties may be untrue, misleading, or inaccurate, and we will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Services being inaccessible to you at any time or for any reason;
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the Services may evolve, which means Hectare or the Acre network community may apply changes, replace, or discontinue (temporarily or permanently) the Services at any time, in its sole discretion;
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the availability of the Services or other data provided on the Site does not constitute, and may not be used for the purposes of, an offer or solicitation to anyone in any jurisdiction in which such offer or solicitation is not authorized, or to any person to whom it is unlawful to make such an offer or solicitation;
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Hectare does not act as an agent for you or any other user of the Services;
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you are solely responsible for your use of the Services, including all products and features available via the Site, including smart contracts, decentralized applications, APIs and all other software that Hectare or a third party has developed for using blockchain-based assets (collectively, "Digital Assets");
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to the fullest extent not prohibited by Applicable Laws, we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, you hereby irrevocably disclaim, waive, and eliminate those duties and liabilities;
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you alone are responsible for evaluating any code provided by or used for the Services;
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you are solely responsible for reporting and paying any taxes applicable to your use of the Services;
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we have no control over, or liability for, the delivery, quality, safety, legality, or any other aspect of any Digital Assets that you may transfer to or from a third party, and if you experience a problem with any transactions in Digital Assets using the Services, then you bear the entire risk; and
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we may, from time to time, operate contests, promotions, sweepstakes, or other activities or offer referral programs ("Promotions and Referrals"), which may be governed by separate terms and conditions and rules that may contain certain eligibility requirements; and you are responsible for reading all terms and conditions and rules relating to the Promotions and Referrals to determine whether you are eligible to participate; if you enter or participate in any Promotions and Referrals, then you agree to abide by and to comply with all terms and conditions and rules of such Promotions and Referrals; all Promotions and Referrals will be optional, so you should not enter or participate in such Promotions and Referrals if you do not agree to abide by and comply with all such terms and conditions and rules.
4.3. As a condition to accessing or using the Services, you covenant to Hectare the following:
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in connection with using the Services, you only will transfer legally-obtained Digital Assets that belong to you;
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you will obey all Applicable Laws in connection with using the Services, and you will not use the Services if the laws of your country, or any other Applicable Laws, prohibit you from doing so;
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any Digital Assets you use in connection with the Services are either owned by you or you are validly authorized to carry out actions using such Digital Assets; and
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in addition to complying with all restrictions, prohibitions, and other provisions of these Terms, you will: (a) ensure that, at all times, all information that you provide on the Site and during your use of the Services is current, complete, and accurate; and (b) maintain the security and confidentiality of your private keys associated with your public address, passwords, API keys, and other related credentials.
5. Rewards Programs
The Services allow users to earn rewards by participating in various activities within the Acre community (e.g. lock certain Digital Assets in the Acre portal, complete quests in the Acre Discord community) in exchange for the opportunity to receive certain indicators, points, or other intangible rewards (collectively, "Rewards"). Your opportunity to receive such Rewards in connection with your access to and use of the Services or participation in the Network will be determined, in the discretion of one or more third parties that may provide such Rewards. You understand and agree that your access to and use of the Services and participation in the Network does not entitle to you to receive any Rewards except as determined, in the sole discretion of the third parties that may provide such Rewards from time to time. To the extent that you are attributed any Rewards, such Rewards are not a promise of any other physical or virtual assets, and may never convert to, accrue to, be used to calculate, or become any physical or virtual assets. Any such Rewards have no monetary value and do not constitute currency or property of any kind. Any Rewards are not redeemable or eligible for any fiat, currency, property, or other form of value. You may not receive rewards if you reside in a jurisdiction determined to be ineligible for the distribution of such Rewards. Rewards may not be transferred between users, and users are not permitted to sell, transfer, loan, rent, lease, trade, or exchange Rewards, or rely on Rewards to obtain credit or set-off or pay-down any amount. Hectare does not make any representation or warranty of any kind, whether express or implied, statutory or otherwise as to the availability, quantum, nature, or utility of any such Rewards. Rewards program participants expressly agree that use of the Rewards Program is at the participant's sole risk. The Rewards program and all services offered in connection therewith are provided on a strictly "as is" and "as available" basis. HECTARE MAKES NO WARRANTY: (1) WITH REGARD TO ANY INCENTIVES OBTAINED BY PARTICIPANTS THROUGH THE REWARDS PROGRAM; (2) THAT THE PROGRAM OR ANY INCENTIVES DELIVERED IN CONNECTION WITH THE REWARDS PROGRAM WILL MEET PARTICIPANTS' REQUIREMENTS OR HAVE ANY VALUE; (3) THAT THE REWARDS PROGRAM WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE; OR (4) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PROGRAM OR ANY SERVICES DELIVERED IN CONNECTION WITH THE REWARDS PROGRAM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED BY THE PARTICIPANT. HECTARE DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HECTARE MAY NOT MAKE REWARDS PROGRAMS OR FUTURE ITERATIONS OF SUCH PROGRAMS AVAILABLE TO ALL JURISDICTIONS. REWARDS MAY BE CANCELLED, REVOKED, OR TERMINATED, IN THE SOLE DISCRETION OF HECTARE, AT ANY TIME.
6. Fees
Some services may involve the use of blockchains, including the Ethereum and Bitcoin blockchains, which may require that you pay a fee, such as "Transaction Fees", for the computational resources required to perform a transaction. You acknowledge and agree that Hectare has no control over these fees, including: (a) any blockchain transactions, (b) the method of payment of any Transaction Fees, or (c) any actual payments of Transaction Fees. Accordingly, you must ensure that you have a sufficient balance of digital assets, such as ETH or Bitcoin, stored in your digital wallet to complete any transaction on the Ethereum or Bitcoin blockchain network before initiating such transactions. You may be subject to additional fees and charges, including fees required to access certain smart contracts. You acknowledge that such fees may be adjusted from time to time by us or by other users who set the terms of their own smart contracts. If you do not agree with the fees charged for functionality, do not use or access the Services.
7. Prohibited Activity
You agree that you will comply with these Terms and all Applicable Laws that apply to you in connection with your access to and use of the Services. By using the Services, you confirm that you will not engage in any of the categories of activity set forth below ("Prohibited Uses"):
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violate any Applicable Laws including any relevant anti-money laundering and anti-terrorist financing laws and sanctions programs, such as the Bank Secrecy Act and the U.S. Department of Treasury's Office of Foreign Asset Controls;
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circumvent, or attempt to circumvent, any geographical restrictions, privacy measures, or other access controls for such purposes, including the use of VPNs;
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use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Site or the Services in any manner;
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use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services, to extract data, or to introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Site or the Services;
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use or access the Services to transmit or exchange Digital Assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including terrorism or tax evasion;
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bypass or breach any security device, or protection used by or in connection with the Services, including in connection with the access or use of the Services;
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remove, obscure, or alter any copyright notice, trademarks or other proprietary rights notices affixed to or contained within the Site or the Services;
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engage in reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code or underlying algorithms of proprietary software or Services;
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use the Services in any way that is, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, stalking, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable, or likely or intended to incite, threaten, facilitate, promote, or encourage hate, intolerance, or violent acts against others;
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harass, abuse or harm another person, including Hectare community members, employees, consultants, and service providers;
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impersonate another user of the Services or otherwise misrepresent yourself;
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engage or attempt to engage, or encourage, induce, or assist any third party to engage or attempt to engage in any of the activities prohibited under this section or any other provision of these Terms; or
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engage in or allow any action involving Services that is inconsistent with these Terms.
8. Content
8.1. License. You hereby grant to us a royalty-free, fully paid-up, sublicensable (through multiple tiers), transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, create derivative works of, display, perform, publish and distribute, in any form, medium or manner, any content that is available to other users as a result of your use of the Site or the Services (collectively, "Content"), including for promoting Hectare or the Services. You represent and warrant that: (a) you own your Content or have the right to grant the rights and licenses in these Terms; (b) your Content and our use of your Content, as licensed herein, does not and will not violate, misappropriate, or infringe on any third party's rights; and (c) your Content will comply with the Content Standards set forth in these Terms. You understand and acknowledge that you are responsible for any Content you submit or contribute, and you have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness. Hectare is not responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of the Services.
8.2. Monitoring and enforcement; termination. We have the right to:
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Remove or refuse to post any Content for any or no reason, in our sole discretion;
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Take any action with respect to any Content that we deem necessary or appropriate, in our sole discretion, including if we believe that such Content violates these Terms, including the Content Standards; infringes any intellectual property right or other right of any person or entity; threatens the personal safety of users of Hectare or the public; or could create liability for the community;
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Disclose information about you to any third party claiming that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
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Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and
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Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the wallet address or other information of anyone using or posting any materials on or through the Services.
However, we do not undertake to review material before it is posted on or through the Services or Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or Content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
8.3. Content standards. These "Content Standards" apply to any and all Content and use of the Services. Content must, in its entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Content must not:
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Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
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Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
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Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
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Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under Applicable Laws or regulations or that otherwise may be in conflict with these Terms;
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Be likely to deceive any person;
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Promote any illegal activity, or advocate, promote, or assist any unlawful act;
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Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
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Impersonate any person or misrepresent your identity or affiliation with any person or organization;
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Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
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Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
9. Risks
9.1. General disclaimer. Hectare does not make any representation or warranty of any kind, whether express or implied, statutory or otherwise, and Hectare specifically disclaims all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, to the maximum extent permitted by Applicable Laws. All Hectare Sites and Services are provided as-is and as available, exclusive of any warranty whatsoever, including with respect to completeness, security, quality, reliability, or availability. For clarity, and without limiting the generality of the foregoing, Hectare makes no warranty of any kind that the Hectare Sites and Services, or any other products, services, opportunities, Rewards, communications, or the results of the receipt of use thereof, will meet your or any other person's requirements, operate without interruption, achieve any intended result, be compatible or work with any software, system, device, or other services, or be timely, secure, accurate, complete, free of harmful code, or error-free. You are responsible for implementing adequate measures to protect the security and integrity of your activities on the Internet, including by installing anti-virus protection and maintaining external backups to recover any lost data or information.
9.2. Blockchain risks. By accessing or using the Services, you understand and agree to the inherent risks associated with cryptographic systems and blockchain-based networks; Digital Assets, including the usage and intricacies of native Digital Assets, like ether (ETH); and systems that interact with blockchain-based networks. Hectare does not own or control any of the underlying software through which blockchain networks are formed. In general, the software underlying blockchain networks, including the Ethereum blockchain, is open source, such that anyone can use, copy, modify, and distribute it. By using the Services, you acknowledge and agree: (a) that Hectare is not responsible for the operation of the blockchain-based software and networks underlying the Services, (b) that there exists no guarantee of the functionality, security, or availability of such software and networks, and (c) that the underlying blockchain-based networks are subject to sudden changes in operating rules, such as those commonly referred to as "forks", which may materially affect the Services.
9.3. Professional advice. All information provided in connection with your access and use of the Services is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking any action based on any information contained on any Hectare Site or any other information that we make available at any time, including blog posts, data, articles, links to third-party content, Discord content, news feeds, tutorials, tweets, and videos. Before you make any financial, legal, or other decisions involving the Services, you should seek independent professional advice from an individual licensed and qualified in the area for which such advice would be appropriate. These Terms are not intended to, and do not, create or impose any fiduciary duties on Hectare or its affiliates, agents, or assigns. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms.
9.4. Harmful code. Hectare is not responsible or liable for any software that may infect or otherwise affect the use of your computer equipment or other property on account of your access to or use of the Services or your downloading or otherwise acquiring any content or other information from or through the Services.
9.5. Regulatory risks. You acknowledge and understand that the Services and your Digital Assets could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of Hectare to continue to make available our proprietary software and could impede or limit your ability to access or use the Services. We must comply with Applicable Laws, which may require us to, upon request by government agencies, take certain actions or provide information. You acknowledge and understand that Hectare may, in its sole discretion, take any action it deems appropriate to cooperate with government agencies or comply with Applicable Laws.
9.6. Digital asset risks. Any use or interaction with the Services requires a comprehensive understanding of applied cryptography and computer science to appreciate the inherent risks, including those listed above. You represent and warrant that you possess relevant knowledge and skills. Any reference to a type of Digital Asset on the Site or otherwise during the use of the Services does not indicate our approval or disapproval of the technology on which the Digital Asset relies and should not be used as a substitute for your understanding of the risks specific to each type of Digital Asset.
9.7. Digital wallets. If you provide information relating to your digital wallet on, through, or in connection with the Services or any linked or related website that permits the payment, acquisition, or transfer of any type of currency or other assets, you understand and agree that you are solely responsible and liable for maintaining the security of your digital wallet and your control over your passwords, private keys, seed phrases, or other credentials relating to the access and use of your digital wallet. We are not responsible or liable for managing or maintaining the security of your digital wallet or for any unauthorized access to or use of your digital wallet, including but not limited to any loss of any assets or currency in such digital wallet. You acknowledge and agree that you understand that unauthorized access to your digital wallet by third parties could result in the loss or theft of the contents of your wallet and that we have no responsibility or liability for storing, retaining, securing, or recovering your digital wallet, access to your digital wallet, or the contents of your digital wallet, including any passwords, private keys, seed phrases, or other credentials. By providing or using any digital wallet in connection with the Services or any linked or related website, you agree that you are using the digital wallet under the terms and conditions of the applicable provider of the digital wallet. No digital wallet is created, operated, or maintained by Hectare or affiliated with Hectare. As a result, Hectare does not have custody or control over the contents of your digital wallet and has no ability to retrieve or transfer its contents. Your relationship with any digital wallet provider is governed by the applicable terms and conditions of that wallet provider, not these Terms.
9.8. Assumption of risks. You hereby assume the risks set forth in these Terms, and you acknowledge and agree that Hectare will have no responsibility or liability for the risks set forth in this section. You hereby irrevocably waive, release, and discharge all claims, whether known or unknown, to you and against Hectare and our shareholders, members, directors, officers, employees, agents, and representatives, suppliers, and contractors ("Representatives") related to any of the risks set forth in these Terms.
10. Intellectual Property Rights
You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site. Certain smart contracts and software developed by us for the Network are made available to you under the stated open-source license. Other third-party technology provided for use in connection with the Network is owned by the third-party provider of such technology or is made available subject to the license identified with the technology. The Hectare and Acre name, logo, and other related trademarks or service marks are the exclusive property of the community and may not be used without our prior written consent. If you breach these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Site or the Services is transferred to you, and all rights not expressly granted are reserved by the community. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
11. DMCA Safe Harbor
11.1. Copyright complaints. Hectare respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Hectare of your infringement claim in accordance with the procedure set forth below.
Hectare will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Hectare's copyright agent at [email protected] (Subject line: "DMCA Takedown Request").
Notice: To be effective, the notification must be in writing and contain the following information:
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a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
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identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property;
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identification of the content that is claimed to be infringing or to be the subject of infringing activity, and where the content that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
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your address, telephone number, and email address;
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a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
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a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on the behalf of the owner of the copyright or intellectual property that is allegedly infringed.
Counter-Notice: If you believe that your content, which was removed (or access was disabled), is not infringing or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the copyrighted material in your content, you may send a written counter-notice containing the following information to Hectare's copyright agent:
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your physical or electronic signature;
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identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; and
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a statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content to be removed or disabled.
If a counter-notice is received by the copyright agent, Hectare will send a copy of the counter-notice to the original complaining party informing them that Hectare may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against Hectare or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, in our sole discretion.
11.2. Repeat infringer policy. In accordance with the DMCA and other Applicable Laws, Hectare has adopted a policy of terminating, in appropriate circumstances and in Hectare's sole discretion, the accounts of users deemed to be repeat infringers. Hectare may also, in its sole discretion, limit access to the Service and/or terminate the accounts of any users infringing any intellectual property rights of others, whether there is any repeat infringement.
12. Indemnification
You will defend, indemnify, and hold harmless Hectare, the community, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, the "Hectare Parties") from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, debts, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of, or conduct in connection with, the Services; (b) your violation of any third party right; (c) the provision by you of any false or misleading information; (d) your violation of any law, rule, or regulation; (e) your violation of these Terms; (f) your willful misconduct; (g) any feedback or content you provide to Hectare or through your use of the Services; or (h) your infringement or misappropriation of the rights of any other person or entity. If you are obligated to indemnify any Hectare Party, Hectare (or, in our sole discretion, the applicable indemnified party) will have the right, in our or its sole discretion, to control any action or proceeding and to determine whether Hectare wishes to settle, and if so, on what terms, and you agree to cooperate with Hectare in the defense.
13. Disclaimers
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, HACKS, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE NETWORK OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE NETWORK, ANY THIRD PARTY LINKS (INCLUDING BUT NOT LIMITED TO SMART CONTRACTS FAQS OR OTHER MATERIALS) ACCESSED THROUGH OR IN CONJUNCTION WITH THE NETWORK, OR ON ANY NETWORK LINKED TO IT.
YOUR USE OF THE NETWORK, ITS CONTENT AND ANY SERVICES, OR ITEMS OBTAINED THROUGH THE NETWORK IS AT YOUR OWN RISK. THE NETWORK, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE NETWORK ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE NETWORK. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE NETWORK, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE NETWORK WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE NETWORK OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE NETWORK WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
YOU HEREBY IRREVOCABLY WAIVE, RELEASE, AND DISCHARGE ALL CLAIMS, WHETHER KNOWN OR UNKNOWN TO YOU, AGAINST US, OUR AFFILIATES, AND THEIR RESPECTIVE REPRESENTATIVES RELATED TO YOUR USE OF ANY WALLET SOFTWARE, ASSOCIATED LOSS OF FUNDS, TRANSACTION FAILURES, OR ANY OTHER DEFECTS THAT ARISE IN THE COURSE OF YOUR USE OF YOUR WALLET. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Limitation on Liability
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE HECTARE PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE PROPERTY, ARISING OUT OF OR RELATING TO ANY ACCESS OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE SERVICES, NOR WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF ANY OF THE SERVICES OR THE INFORMATION CONTAINED WITHIN IT, WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF ANY OF THE SERVICES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF HECTARE HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ANY ACCESS OR USE OF THE SERVICES; (C) UNAUTHORIZED ACCESS OR USE OF ANY SECURE SERVER OR DATABASE IN OUR CONTROL, OR THE USE OF ANY INFORMATION OR DATA STORED THEREIN; (D) INTERRUPTION OR CESSATION OF FUNCTION RELATED TO ANY OF THE SERVICES; (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES; (F) ERRORS OR OMISSIONS IN, OR LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF, ANY CONTENT MADE AVAILABLE THROUGH ANY OF THE SERVICES; AND (G) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
WE HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIMS OR DAMAGES THAT MAY ARISE AS A RESULT OF ANY PAYMENTS OR TRANSACTIONS THAT YOU ENGAGE IN VIA ANY OF OUR SERVICES, OR ANY OTHER PAYMENT OR TRANSACTIONS THAT YOU CONDUCT VIA ANY OF OUR SERVICES.
WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ABOUT LINKED THIRD PARTY SERVICES, THE THIRD PARTIES THEY ARE OWNED AND OPERATED BY, THE INFORMATION CONTAINED ON THEM, ASSETS AVAILABLE THROUGH THEM, OR THE SUITABILITY, PRIVACY, OR SECURITY OF THEIR SERVICES OR SERVICES. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF THIRD-PARTY SERVICES, THIRD-PARTY WEBSITES, APPLICATIONS, OR RESOURCES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO SOFTWARE, PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTIES AND ACCESSED THROUGH ANY OF OUR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAWS IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION.
THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
15. Dispute Resolution and Arbitration
READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT AGAINST HECTARE IN ANY COURT OR GOVERNING AUTHORITY. EXCEPT AS EXPRESSLY PROVIDED BELOW, THIS SECTION REQUIRES YOU TO SUBMIT ANY DISPUTE, CLAIM, OR DISAGREEMENT (EACH A "DISPUTE") ARISING OUT OF THESE TERMS OR THE SERVICES, INCLUDING ANY DISPUTE THAT AROSE BEFORE THE EFFECTIVE DATES OF THESE TERMS, TO BINDING INDIVIDUAL ARBITRATION. THIS SECTION EXTENDS TO DISPUTES THAT AROSE OR INVOLVE FACTS OCCURRING BEFORE THE EXISTENCE OF THIS OR ANY PRIOR VERSIONS OF THESE TERMS AS WELL AS DISPUTES THAT MAY ARISE AFTER THE TERMINATION OF THESE TERMS.
You and Hectare agree that any Dispute arising out of or related to these Terms or the Services is personal to you and Hectare and that any Dispute will be resolved solely through individual arbitration, and will not be brought as a class arbitration, class action, or any other type of representative proceeding.
16. Governing Law and Jurisdiction
Subject to the below, in relation to any Dispute, each party irrevocably submits to the exclusive jurisdiction of the courts of the British Virgin Islands and waives any objection to such Dispute being heard in such courts on the grounds of venue or on the grounds that the Dispute has been brought in an inconvenient forum. Notwithstanding any other provision of these Terms, you agree that we have the right to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. These Terms (and any Dispute arising under or in connection with these Terms) shall be governed by and construed in accordance with, in all respects (including as to its validity, interpretation, and effect), the laws of the British Virgin Islands, without giving effect to its principles or rules of conflict of laws to the extent such principles or rules are not mandatorily applicable by statute and would permit or require the application of the laws of another jurisdiction.
17. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE NETWORK MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
18. Entire Agreement
These Terms, as well as any separate written agreement between you and Hectare, constitute the entire agreement between you and Hectare with respect to the subject matter of these Terms. There are no representations, covenants, or other terms other than those set out under these Terms. These Terms supersede any previous discussions, understandings, or agreements between the parties relating to the subject matter of these Terms.
19. Waiver and Severability
No waiver of satisfaction of a condition or non-performance of an obligation under these Terms is effective unless it is in writing and signed by the party granting the waiver or that party's authorized representative. Unless expressly granted in writing and signed by the party granting the waiver or that party's authorized representative, no waiver will extend to any subsequent non-satisfaction of a condition or non-performance of an obligation under these Terms, whether of the same or similar nature to that which was waived. No waiver will affect the exercise of any other rights or remedies under these Terms. Any failure or delay in exercising any right or remedy will not constitute, or be deemed to constitute, a waiver of that right or remedy. No single or partial exercise of any right or remedy will affect further exercise of any right or remedy. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
20. Assignment
You may not assign, transfer, sublicense, or convey these Terms, including any rights granted by Hectare and obligations assumed by you, except with Hectare's prior written consent. We may assign, transfer, sublicense, or convey these Terms, and our rights and obligations under them, to any third party without notice to you.
21. Contact Information
If you have any questions, concerns, or suggestions regarding the Services, Content, or these Terms, please contact us at [email protected].