Horizen - Terms of Use

1. The Parties

This site is operated by Zen Blockchain Foundation (“Horizen”), a Delaware non-profit corporation. The products and services offered by Horizen, including, but not limited to, its websites, forums, help desks, documentation, software, wallets, and hosting services (the “Services”) may only be used for legal purposes. Some jurisdictions may impose limitations on the use of Services so users in those jurisdictions should consult with independent legal counsel before using the Services. By using the Services you accept these Terms of Use ("Terms") and the Services are offered subject to your acceptance, without modification, of all the Terms. Horizen reserves the right to post changes to the Terms at any time, and by your continued use of the Services thereafter, you agree to be bound by the new version of the Terms. If any changes to the Terms are not acceptable to you, you must stop your use of the Services. In these Terms, "User", "you" and/or “your” refers to each user of our Services. "ZEN" refers to the digital currency that can be used in conjunction with our Services.

2. Sites and Services

Horizen does not guarantee that access to or use of this website or any of the Services will be uninterrupted or error free, and Horizen shall not be liable for any feature not being accessible or for any unavailability of the Services. The Services may be expanded, limited or modified at any time by Horizen without advance notice or reason. Horizen may also, in its sole and absolute sole discretion, and at any time, discontinue providing, temporarily or permanently, any or all of the Services, without notice. To access some of the content or features of the Services, Users may need to enhance or update the hardware or software in their computer systems. Horizen assumes no responsibility for any failure to access the Services, partially or fully, whether due to the User's system, the Internet network or any other cause.

3. User Restrictions

User is granted permission to access, download and use the Services, provided that User shall:

• Not use the Services for any illegal or unauthorized purpose or beyond the scope of the Services expected use;
• Not intentionally interfere with the operation of the Services or with any other person’s use of the Services;
• Not intentionally gain unauthorized access to the Services;
• Be solely liable for User’s, including without limitation all of its employees, affiliates, consultants, and service providers, conduct, acts and omissions;
• Not hack the Services,
• Not create derivative works from the Services without Horizen’s express consent to do so;
• Not remove or alter any copyright notices or other notices included in the Services;
• Not intentionally transmit any viruses, bugs, worms, or any other computer code of a destructive nature or that may harm a network, computer, server, hardware, software or telephone equipment using the Services;
• Not violate anyone else’s legal rights (e.g. privacy rights) or any laws (e.g. copyright laws) in User’s jurisdiction while using the Services;
• Use the Services in accordance with all applicable laws;
• Not use any unauthorized data mining, robots, or similar data gathering and extraction methods in connection with the Services;
• Not intentionally impose an unreasonable burden on the Services or network;
• Not breach, or attempt to breach, the security of the Services;
• Not use the Services or export the Services in violation of U.S. export laws and regulations;
• Not solicit any activity, unlawful or otherwise, that infringes Horizen’s rights or the rights of any other party;
• Not enable others to violate any of these terms and conditions; and
• Be at least 18 years of age or older.

A violation of any of these Terms may result in the termination of User’s ability to access or use the Services.

4. Horizen Proprietary Rights

These Terms do not transfer from Horizen to you any Horizen or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Horizen. “Horizen” and other Horizen graphics, logos, designs, page headers, button icons, scripts and service names are trademarks in the United States and other countries. Horizen’s trademarks and trade dress, as well as third party trademarks, logos and service marks used in conjunction with the Services, may not be used in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Horizen. Your use of the Services grants you no right or license to reproduce or otherwise use any Horizen or third-party trademarks. To the extent Horizen elects to license its software you will be subject to the terms and conditions set forth herein, including but not limited to the User Restrictions in Section 3. Certain logos, such as those for the operating systems and platforms Horizen supports as well as those of our sponsors and partners are copyrighted by their owners. Horizen does not own those copyrights, and use of those copyrights is not permitted without their permission.

5. No Investment Advice

Horizen does not provide legal, tax, financial, or investment services. Since each User's situation is unique, a qualified professional should be consulted before making financial decisions. The Services do not constitute investment advice or a solicitation to buy, hold, invest in, own, or use ZEN. Horizen will not be responsible for any damages, claims, or losses arising from the use of ZEN, including the actions or inactions or events related to third parties, security problems during the use of any ZEN-related software or service, technical failures during the use of any ZEN-related software or service, software or data corruption problems during the use of any ZEN-related software or service, or user errors during the use of any ZEN-related software or service.

6. Content Limitations

Horizen makes no representations as to the accuracy, thoroughness or quality of the information presented to Users through the Services, which is provided only on an "AS-IS" and "AS AVAILABLE" basis at User's sole risk. Horizen shall not be responsible or liable for any errors, omissions or inaccuracies in the content. The information provided is neither comprehensive nor appropriate for every individual. Some of the information is relevant only in certain parts of the world, and may not be relevant to or compliant with the laws, regulations or other legal requirements of other countries. It is your responsibility to determine whether, how and to what extent your intended use of the Services will be technically and legally possible in the areas of the world where you intend to use them. You are advised to verify any information before using it for any personal, financial or business purpose. In addition, the opinions and views expressed in any forum post are solely those of the author(s) of the article and do not reflect the opinions of Horizen. The content may be modified at any time by Horizen, without advance notice or reason, and Horizen shall have no obligation to notify you of any corrections or changes to any content.

7. Responsibility of Contributors

If you post material to the site, post links on the site, or otherwise make (or allow any third party to make) material available by means of the site (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
• your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
• your content is not named in a manner that misleads your readers into thinking that you are another person or company; and
• you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Horizen or otherwise.

Without limiting any of those representations or warranties, Horizen has the right (though not the obligation) in Horizen’s sole discretion to (i) refuse or remove any content that, in Horizen’s reasonable opinion, violates any Horizen policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason. Horizen will have no obligation to provide a refund of any amounts previously paid.

8. Third Party Content

Any testimonials, opinions, advice, product or service offers, or other information or content made available on or through the Services by third parties ("Third Party Content") are solely those of their respective providers and not of Horizen which does not guarantee the accuracy, completeness, reliability or usefulness of Third Party Content. It is the responsibility of the User to evaluate Third Party Content and Horizen shall not be liable for any damage or loss caused by Users' reliance on or other use of Third Party Content.

9. Offsite Links

As a convenience to Users, Horizen may provide links to other sites or resources. Because Horizen does not have control over such sites and resources, Horizen is not responsible or liable for use of or reliance on any content, products, services or information at such sites or resources. Inclusion of any links does not imply any endorsement, affiliation, approval, association or sponsorship by Horizen of the linked websites, resources, their operators or owners. When you select a link, you may be leaving our Services. The information available on Third Parties' websites may have certain restrictions on its use or distribution which differ from these Terms.

10. Viruses and Malware

Horizen does not guarantee that files available for downloading will be free of infection or viruses or other code that may have contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for integrity, security and accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.

11. Password Protected Areas

Some Horizen Services may be password protected and available only to Users who are registered ("Password Protected Areas"). Registration requires Users to fully complete the account registration process. Horizen reserves the right to deny or revoke registration or access to Password Protected Areas for any User. Users are responsible for maintaining the security of the password they set. Horizen will not be liable for any loss or liability incurred as a result of an unauthorized person using a User's password.

12. Privacy

The Services may collect personal information from Users. Because Horizen respects the privacy of its Users and their personal information, it has established a Privacy Policy to describe what information it collects and how that information is used. Horizen’s Privacy Policy can be found at https://www.horizen.io/privacy/. If you elect to leave our Services via a third party link, including Horizen social media forums like YouTube, Reddit, Facebook etc., the terms and conditions (including privacy polices) of those sites may differ significantly from the Terms found herein.

13. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED “AS-IS.” HORIZEN DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THE SERVICES, OR THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF ITS CONTENT, IN ANY WAY AND FOR ANY PURPOSE.

14. LIMITATION OF LIABILITY

IN NO EVENT WILL HORIZEN, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES EVEN IF HORIZEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ANY DIRECT DAMAGES THAT RESULT FROM: (1) THE USE OF, OR INABILITY TO USE, THE SERVICES; (2) THE PERFORMANCE OF THE SERVICES; OR (3) ANY FAILURE IN THE SERVICES. USER ASSUMES TOTAL RESPONSIBILITY FOR THE USE OF THE SERVICES. USER’S ONLY REMEDY FOR DISSATISFACTION WITH THE SERICES IS TO STOP USING THE SERVICES. IF, NOTWITHSTANDING THE TERMS HEREIN, HORIZEN IS FOUND LIABLE TO USER FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH USER’S USE OF THE SERVICES, HORIZEN’S LAIBLITY SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY USER TO HORIZEN DURING THE PREVIOUS TWELVE (12) MONTHS. IN ADDITION TO THE FOREGOING LIMITATIONS OF LIABILITY, USER AGREES THAT USER WILL NOT JOIN ANY CLAIM AGAINST HORIZEN WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO CLAIM USER HAS AGAINST HORIZEN SHALL BE RESOLVED ON A CLASS-WIDE BASIS; AND THAT USER WILL NOT ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY AGAINST HORIZEN ON BEHALF OF ANYONE ELSE.

15. EXCLUSION OF LIMITATIONS AND DISCLAIMERS

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS HORIZEN'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

16. Indemnification

User agrees to defend, indemnify, hold harmless and defend Horizen and its directors, officers, employees, contractors, agents, subsidiaries, affiliates, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys’ fees and expert fees) due to, arising out of or relating in any way to User’s use of, or access to, the Services.

17. Miscellaneous

1. These Terms and all matters arising out of or relating to these Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to any conflict of law provisions. Each party irrevocably agrees that any claim brought by it in any way arising out of the Services must be brought solely and exclusively in state or federal court located in Delaware, and each party irrevocably accepts and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in personam, generally and unconditionally, with respect to any action, suit, or proceeding brought by it or against it by the other party.
2. These Terms shall constitute the entire agreement between Horizen and User and contains all of the understandings and agreements of the parties in respect of the subject matter hereof. Any and all prior understanding and agreements, expressed or implied, between the parties hereto in respect of the subject matter hereof are superseded hereby. In the event any one or more of the terms or provisions contained herein shall be declared by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions herein shall not in any way be affected or impaired, except that, in such an event, these Terms shall be deemed revised in order to provide the party adversely affected by such declaration with the benefit of its expectation, evidenced by the provision(s) affected by such a declaration, to the maximum extent legally permitted.
3. No waiver of any breach of these Terms shall: (i) be effective unless it is in a writing which is executed by the party charged with the waiver, or (ii) constitute a waiver of a subsequent breach, whether or not of the same nature. All waivers shall be strictly construed. No delay in enforcing any right or remedy as a result of a breach of these Terms shall constitute a waiver thereof.
4. These Terms shall be binding upon and shall inure to the benefit of the parties hereto and their respective legal representatives, successors and permitted assigns. No right or remedy conferred by these Terms is exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time-to-time.
5. Any ambiguities herein will not be strictly construed against the drafter of the language concerned but will be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting. These Terms will not be construed against any party by reason of its preparation. In the event any suit or other action is commenced by Horizen to construe or enforce any provision of these Terms, in addition to all other amounts Horizen shall be entitled to receive from User, Horizen shall recover its reasonable attorneys fees and court costs.
6. These Terms were last reviewed on December 1, 2018.

[End of Terms]