Terms and Conditions
Last Revised: [5/04/2018]
These Terms apply to your access to, and use of, the website of www.silkchain.io. These Terms do not apply to the SilkChain open source client software or the SilkChain distributed open source global payment network accessed through that software, which may be accessed via our Site. As further described in Section 4 (Assumption of Risk with SilkChain), SilkChain does not own or control SilkChain Technology and you are solely responsible for your use of SilkChain Technology. Additionally, these Terms do not alter the terms or conditions of any other agreement you may have with SilkChain for products, services or otherwise.
SilkChain reserves the right to change or modify the terms and conditions contained in these Terms or any policy or guideline of the Site, at any time and in its sole discretion. We will provide notice of these changes by posting the revised Terms to the Site and changing the “Last Revised” date at the top of the Terms, or by providing other means of notice as SilkChain will determine each time in its sole discretion. Using a particular form of notice in some instances does not obligate us to use the same form in other instances. Any changes or modifications will be effective immediately upon posting the revisions to the Site, and will apply to your subsequent use of the Site. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site will confirm your acceptance of such changes or modifications; therefore, you should review the Terms and applicable policies whenever you use the Site to understand the terms that apply to such use. The most current version of the Terms can be reviewed by clicking on the “Terms and Conditions” hypertext link located at the bottom of our web pages. If you do not agree to the Terms in effect when you access or use the Site, you must stop using the Site.
By accessing or using the Site, you represent and warrant that you have not previously been suspended or removed from the Site. You represent and warrant that you are not: (a) located in, under the control of, or a national or resident of any country to which has embargoed goods or services; (b) identified as a “Specially Designated National”, or (c) placed on the Commerce Department’s Denied Persons List. You further represent and warrant that you will not use the Site if the laws of your country prohibit you from doing so in accordance with these Terms.
2. REGISTRATION AND ACCOUNT
In order to access and use certain features on the Site, you must create an account with SilkChain (“Account”). You agree to: (a) provide accurate, current and complete information when creating or updating an Account; (b) maintain and promptly update your Account information; (c) maintain the security and confidentiality of your login credentials and restrict access to your Account and your computer; (d) promptly notify SilkChain if you discover or otherwise suspect any security breaches related to the Site; and (e) take responsibility for all activities that occur under your Account and accept all risks of unauthorized access.
This policy does not apply to the SilkChain open source client software or the SilkChain distributed open source global payment network accessed through that software (collectively, “SilkChain Technology”), which may be accessed via our Site. SilkChain does not own or control SilkChain Technology. However, if you access SilkChain Technology from a hyperlink on our Site, we may collect the information identified in the “Information We Collect Automatically” section below in connection with your use of SilkChain Technology. If you prefer, you can usually set your browser to remove or reject cookies, which will disable any information we would collect from cookies. We use the information collected on SilkChain Technology solely to analyze trends and evaluate user engagement of SilkChain Technology, when accessed from our Site. We will not collect any of the information that you provide directly to SilkChain Technology. Additionally, if you access SilkChain Technology by any other method, other than through a hyperlink available via our Site, then we will not collect any information in connection with your use of SilkChain Technology.
COLLECTION OF INFORMATION
Information You Provide to Us
We collect information you provide directly to us. For example, we collect information when you create an online account, post messages to our forums or otherwise communicate with us.
The types of information we may collect include your name, email address, username, password, location and any other information you choose to provide.
INFORMATION WE COLLECT AUTOMATICALLY
We automatically collect certain information about you when you access or use our Site or transact business with us, including Log Information. We collect information about your use of our Site, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Site.
INFORMATION WE COLLECT FROM OTHER SOURCES
We may also obtain information about you from other sources and combine that with information we collect about you.
USE OF INFORMATION
We may use information about you for various purposes, including to:
Respond to your comments, questions and requests and provide customer service;
Monitor and analyze trends, usage and activities in order to operate and improve our Site;
Manage your online account(s) and send you technical notices, updates, security alerts and support and administrative messages;
Link or combine with information we get from others to help understand your needs and provide you with better service; and Carry out any other purpose for which the information was collected.
SHARING OF INFORMATION
We may share information about you as follows:
With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;
In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;
If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of us or any third party;
In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company; and With your consent or at your direction.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
ANALYTICS SERVICES PROVIDED BY OTHERS
We take reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
You may update, correct or delete your online account information at any time by logging into your account or by contacting us at the information below. Please note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
Most web browsers are set to accept cookies by default. If you prefer, you can usually set your browser to remove or reject cookies but note that doing so does not necessarily affect third party flash cookies used in connection with our Site. If you choose to remove or reject cookies, this could affect the availability and functionality of our Site.
4. ASSUMPTION OF RISK WITH SILKCHAIN
SilkChain developed the original protocol for SilkChain Technology and continues to promote its use as a distributed open source payment network. Additionally, as a member of the open source community, SilkChain may contribute updates and modifications to the SilkChain Technology source code. However, SilkChain does not own or control SilkChain Technology. SilkChain Technology is an open source protocol that anyone can use, copy, modify and distribute. We encourage you to take precautions when considering whether to use SilkChain Technology, particularly when participating in any transaction using SilkChain Technology with a stranger.
You acknowledge and agree that SilkChain:
(i) does not own or control SilkChain Technology;
(ii) does not have any authority or responsibility to prohibit, restrict, rescind or approve any transaction or other interaction that occurs through SilkChain Technology;
(iii) is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other participant, person or organization that uses SilkChain Technology; and
(iv) does not investigate or verify the reputation, conduct, morality or criminal background of any SilkChain Technology user, including without limitation any SilkChain gateway. Further, you acknowledge and agree that you are solely responsible for your access and use of SilkChain Technology, including without limitation for:
(i) any payments or other transactions you complete using SilkChain Technology;
(ii) investigating or screening other SilkChain Technology users before engaging in any SilkChain transaction with such users;
(iii) any interactions you have with other SilkChain Technology users or gateways; and
(iv) your use of any SilkChain gateways to exchange any currency or other items of value that you may have stored in your SilkChain wallet.
SILKCHAIN ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE IN CONNECTION WITH SILKCHAIN TECHNOLOGY. YOU ASSUME ALL RISKS ASSOCIATED WITH USING SILKCHAIN TECHNOLOGY.
5. COPYRIGHT AND LIMITED LICENSE
Unless otherwise indicated on the Site, the Site and all content and other materials on the Site, including, without limitation, the SilkChain logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “SilkChain Materials”) are the proprietary property of SilkChain or its licensors or users and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and SilkChain Materials; subject to these Terms. Except as expressly permitted on the Site, in these Terms or otherwise in writing by SilkChain, such license does not include: (a) any resale or commercial use of the Site or the SilkChain Materials; (b) the distribution, public performance or public display of any SilkChain Materials; (c) modifying or otherwise making any derivative uses of the Site and the SilkChain Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the SilkChain Materials or any information contained therein; or (f) any use of the Site or the SilkChain Materials other than for its intended purpose. Any use of the Site or the SilkChain Materials other than as specifically authorized herein, without the prior written permission of SilkChain, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
6. USER CONTENT
The Site includes interactive areas or services (“Interactive Areas”) in which you or other users may create, post, send or store ads, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code, links or other items or content on the Site (“User Content”). By using the Site, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Site any of the following:
a. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent, false, misleading or otherwise objectionable;
b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
c. User Content that may impinge upon the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual’s consent;
d. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
e. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
f. Viruses, corrupted data or other harmful, disruptive or destructive files; or
g. User Content that, in the sole judgment of SilkChain, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas, the Site, or which may expose SilkChain, SilkChain Technology, or its users to any harm or liability of any type.
SilkChain does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is SilkChain liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. When you participate in Interactive Areas, you understand that certain information and content you choose to post may be displayed publicly or to select users. You are solely responsible for your use of the Site and the Interactive Areas and use them at your own risk.
If you become aware of User Content that you believe violates these Terms, you may report it by emailing email@example.com. Enforcement of the Terms, however, is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Site will not contain any content that is prohibited by the Terms. Although SilkChain has no obligation to screen, edit or monitor any of the User Content posted on the Site, SilkChain reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Site in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
Except as otherwise provided herein, on the Site or in a separate agreement (such as the rules of a SilkChain contest), SilkChain claims no ownership or control over any User Content. However, if you post User Content to the Site, you grant SilkChain a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on our websites and on third-party sites. This license will terminate when you remove your User Content, except that the license will continue with respect to any offsite uses that have already been made and any cached or archived uses that may still exist when User Content is removed. By posting User Content, you hereby release SilkChain and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any additional compensation for any use of your User Content.
By posting User Content to the Site, you represent and warrant that: (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content or you otherwise have the right to post and use such User Content and to grant the rights to SilkChain that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with this Site, does not, and will not, violate these Terms or any applicable law, rule or regulation.
7. REPEAT INFRINGER POLICY
In accordance with the applicable law, SilkChain has adopted a policy of terminating, in appropriate circumstances and in SilkChain’s sole discretion, users who are deemed to be repeat infringers. SilkChain may also, in its sole discretion, limit access to the Site and/or terminate the Account of any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
“SilkChain,” the SilkChain logos and any other SilkChain product or service name, logo or slogan contained in the Site are trademarks or service marks of SilkChain (the “SilkChain Marks”) and may not be copied, imitated or used, in whole or in part, except as expressly permitted in these Terms or on the Site or with the prior written permission of SilkChain. You may not use any metatags or any other “hidden text” utilizing any SilkChain Marks without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of SilkChain and is part of the SilkChain Marks and may not be copied, imitated or used, in whole or in part, without our prior written permission except as expressly permitted herein or on the Site. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the written permission of the applicable trademark holder. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray SilkChain or any of our Site in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use any SilkChain Marks or other proprietary graphic of SilkChain to link to the Site without the express written permission of SilkChain. Further, you may not use, frame or utilize framing techniques to enclose any SilkChain trademark, logo or other proprietary information, including the images found on the Site, the content of any text or the layout/design of any page or form contained on a page of the Site without SilkChain’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary right of SilkChain or any third party.
10. THIRD PARTY CONTENT
SilkChain and its users may provide third party content on the Site and may provide links to web pages and content that are not owned or controlled by SilkChain, including but not limited to SilkChain Technology and any third-party advertisements or promotions (collectively the “Third Party Content”) as a service to those interested in this information. SilkChain does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that SilkChain is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk. Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third parties. SilkChain is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third-Party Content on the Site.
You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding SilkChain or the Site (collectively, “Feedback”) that are provided by you, whether by email, posting to the Site or otherwise, are non-confidential and will become the sole property of SilkChain. SilkChain will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You agree to defend, indemnify and hold harmless SilkChain, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site; (b) any User Content or Feedback you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Site. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provisions above may not apply to you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
13. DISCLAIMER OF WARRANTIES
SILKCHAIN PROVIDES NO GUARANTEE AS TO THE PERFORMANCE OR THE UNINTERRUPTED AVAILABILITY OF THE SITE OR THE SILKCHAIN MATERIALS. THE SITE AND SILKCHAIN MATERIALS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SILKCHAIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. SILKCHAIN DOES NOT REPRESENT OR WARRANT THAT SILKCHAIN MATERIALS OR THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE SILKCHAIN ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, SILKCHAIN CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
SilkChain reserves the right to change any and all content contained in the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by SilkChain.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY
IN NO EVENT WILL SILKCHAIN, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SILKCHAIN MATERIALS OR THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SILKCHAIN, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SILKCHAIN’S RECORDS, PROGRAMS OR SITE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF SILKCHAIN, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SILKCHAIN FOR ACCESS TO OR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
15. MODIFICATIONS TO THE SITE
SilkChain reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that SilkChain will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.
16. TERMINATION AND SUSPENSION
Notwithstanding any of these Terms, SilkChain reserves the right, without notice and in its sole discretion, to terminate or suspend your right to use the Site, and to block or prevent your future access to, and use of, the Site.
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
18. QUESTIONS & CONTACT INFORMATION
Questions or comments about the Site or these Terms may be directed to SilkChain by emailing firstname.lastname@example.org.