PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU USE THE SITE. BY USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. THESE TERMS AND CONDITIONS CONTAIN LIABILITY LIMITATIONS, AS WELL AS CERTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF CLAIMS BETWEEN THE FOUNDATION AND YOU, INCLUDING AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OUR SITE. THE FOUNDATION MAY PERIODICALLY CHANGE THESE TERMS AND CONDITIONS WITHOUT NOTICE, SO PLEASE CHECK THEM FROM TIME TO TIME AS YOUR CONTINUED USE OF THE SITE SIGNIFIES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS, INCLUDING CHANGED ITEMS.
Please read the Terms and Conditions carefully and keep a copy for your records. You may receive a copy of these Terms and Conditions by emailing us at: firstname.lastname@example.org, Subject: Sia.tech Website Terms and Conditions.
These terms govern your use of the Website. By accessing or using the Website, you are accepting these Terms, and you represent and warrant that you have the right, authority, and capacity to enter into these Terms. Please read these Terms carefully as they impose legal obligations on you and on the Foundation. You may not access or use the Website if you are not 16 years of age or the age of majority in your jurisdiction. By using the Website, you represent and warrant that you are 16 years of age or older. If you do not meet these requirements or if you do not agree with all of the provisions of these Terms, you must not access or use the Website.
Based on your agreement to comply with these Terms, we grant you the license to access and use all areas of the Website in order to (i) learn more about the Sia network, (ii) learn more about the Foundation, (ii) print pages from our Website for your personal use in learning more about Sia and/or the Foundation (“Permitted Purposes”).
All information, software, artwork, text, video, audio, pictures, images, banners, custom graphics, button icons, scripts, logos, and other content on the Website or embodied in our programs and services, including all associated intellectual property rights, are the property of the Foundation, its licensors, or are used under principles of fair use, and protected by copyright and other intellectual property laws. The Site source code is open source and publicly available on GitHub under an MIT software license. However, the trademarks, service marks, and logos (the “Trademarks”) used and displayed herein are registered Trademarks of the Sia Foundation, or are Trademark Pending. Nothing herein should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed herein, without the written permission of the Foundation. The Trademarks may not be used in connection with any product or service that is not the Foundation’s, in any manner that is likely to cause confusion among consumers or in any manner that disparages or discredits the Foundation. Other products or company names used on the Site may be the trademarks of their respective owners. The Foundation retains all rights with respect to the Website except those expressly granted to you in the “Grant of Rights” section above. This means you may not “mirror” this information on your website or modify or re-use the texts or graphics on this Site. Should any viewer of any Foundation published document, including this Site, respond with information including feedback data, such as questions, comments, suggestions, or the like regarding the content of any such Foundation document, such information shall be deemed to be non-confidential and the Foundation shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, the Foundation shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such information.
By using our Website, you agree to comply with these Terms, and to follow our Website Code of Conduct, which is set out below. Under this Website Code of Conduct, you will not:
- Use the Website in a manner that could disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. Such uses would include, for example, distributing or promoting material containing solicitations or forwarding chain letters.
- Reverse engineer the Site.
- Seek to obtain access to any material or information that we have not intentionally made available to you on the Website through “hacking,” “scraping,” or other means.
- Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.
- Transmit materials through the Site that you know or should know contain viruses, Trojan horses, worms, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
We reserve the right at any time to terminate or suspend your use of some or all of the Website if you engage in activities that we conclude, in our discretion, breach our Website Code of Conduct.
The Website may contain links to third-party websites and services or display advertisements for third parties (collectively, "Third-Party Links"). Such Third-Party Links are not under the control of the Foundation, and the Foundation is not responsible for any Third-Party Links or for any content, opinions, or materials available on the related third party websites. The Foundation provides access to these Third-Party Links only as a convenience to you and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links, nor does the Foundation warrant that a third party site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. You use all Third-Party Links at your own risk, and you should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links.
The Foundation does not promise that the Website will be error-free or uninterrupted, that the programs, services, and features offered on our Site will be provided error-free or uninterrupted, that defects or errors will be corrected, or that the Site and/or the server that makes it available are free from viruses or other harmful component. Furthermore, the Foundation will not be responsible for any losses, damages or claims arising from events falling within the scope of the following five categories:
- Mistakes made by the user during the use of any Sia-related software or service, e.g., forgotten passwords, payments sent to wrong virtual wallet addresses, and accidental deletion of wallets.
- Software problems during the use of the Website and/or any Sia-related software or service, e.g., corrupted wallet file, incorrectly constructed transactions, unsafe cryptographic libraries, malware affecting the Website and/or any Sia-related software or service.
- Technical failures in the hardware of the user during the use of any Sia-related software or service, e.g., data loss due to a faulty or damaged storage device.
- Security problems experienced by the user during the use of any Sia-related software or service, e.g., unauthorized access to users' wallets and/or accounts.
- Actions or inactions of third parties and/or events experienced by third parties, e.g., bankruptcy of service providers, information security attacks on service providers, and fraud conducted by third parties. The Site, and all of the programs and services on the Site, including Sia-related software and Sia-related services, are available on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE FOUNDATION EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR CONFORMITY WITH MODELS OR SAMPLES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, SIA-RELATED SOFTWARE, AND SIA-RELATED SERVICES IS AT YOUR SOLE RISK.
The Foundation reserves the right, at any time, to modify, suspend, or discontinue the Website (in whole or in part) with or without notice to you. You agree that the Foundation will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or any part thereof. If we modify these Terms, any such modifications will take effect proactively, upon your subsequent access to the Website. Please feel free to print out a copy of these Terms for your records.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL THE FOUNDATION (WHICH INCLUDES, FOR PURPOSES OF THIS SECTION, ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF, OR ARE RELATED TO, YOUR USE OF THE SITE, SIA-RELATED SOFTWARE, SIA-RELATED SERVICES, AND/OR CONTENT CONTAINED ON THE SITE, WHETHER THE MATERIALS CONTAINED ON THE SITE ARE PROVIDED BY THE FOUNDATION OR BY A THIRD PARTY, AND EVEN IF THE FOUNDATION OR A FOUNDATION AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND, TO THE EXTENT PERMITTED BY LAW, WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL THE FOUNDATION’S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE SITE, SIA-RELATED SOFTWARE, SIA-RELATED SERVICES, OR ANY PROGRAMS OR SERVICES YOU RECEIVE FROM THE SITE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO THE FOUNDATION FOR SUCH SITE PROGRAMS OR SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY OR FIFTY DOLLARS, WHICHEVER IS GREATER. YOU AGREE THAT WE WOULD NOT ENTER INTO THESE TERMS AND CONDITIONS WITHOUT THESE LIMITATIONS ON OUR LIABILITY.
You agree to defend, indemnify, and hold the Foundation and its subsidiaries, affiliates, licensors, services providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any and all claims, suits, actions, damage, loss, cost, expense or liability, including attorneys’ fees, relating to, arising from or as a result of your use of the Site, and/or your breach of these Terms. You agree to pay any costs, including reasonable attorney’s fees, incurred by the Foundation to enforce these Terms and Conditions.
Use of the Site will require your device(s) to have access or connection via mobile network or Internet (fees may apply). Because use of the Site involves hardware, software and Internet access, your ability to use the Site may be affected by the performance of these factors. The Foundation does not guarantee that this Site can be accessed on all devices. The Foundation does not guarantee that this Site is available in all geographic locations. By accepting these terms and conditions, you acknowledge and agree that complying with such system requirements, which may be changed from time to time, is your responsibility and that your use of any third-party services are subject to the terms and conditions of use established by the respective third-party service providers.
These Terms shall not be assignable by you, either in whole or in part. The Foundation reserves the right to assign its rights and obligations under these Terms.
- These Terms of Service have been made and shall be construed and enforced in accordance with the laws of the United States of America and the State of Massachusetts as an agreement wholly performed therein without regard to their conflict of law provisions and the United Nations Conventions on Contracts (if applicable).
- Any claim or cause of action arising out of or related to use of the Services or these Terms of Services must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms of Service will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.
- If any provision of these Terms is held to be invalid or unenforceable, that provision will be removed to the extent necessary to comply with the law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the law, and the remaining provisions will remain in full force. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.
- The Foundation’s failure to act, and/or delay in acting, with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches; nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder.
- Binding Arbitration. You and the Foundation acknowledge that any statutory or common law claims related to intellectual property may require forms of equitable relief that are best administered by courts; accordingly, you and the Foundation agree that, except for i) statutory or common law claims related to intellectual property, and ii) any claims that may be brought in small claims court where the amount in controversy is properly within the jurisdiction of such court (collectively, “Excluded Claims”), any controversy or claim arising out of or relating to the Terms of Service, your relationship to the Foundation, or your use of any the Website, Sia-related software, or Sia-related services, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (the “Covered Claims”), will be resolved by binding, individual arbitration. YOUR AGREEMENT TO ARBITRATION MEANS THAT FOR ALL COVERED CLAIMS, YOU ARE GIVING UP YOUR RIGHT TO FILE A LAWSUIT IN COURT AND THE RIGHT TO A TRIAL BY JURY. INSTEAD, YOU WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR.
- WAIVER OF CLASS ACTIONS. YOU AND THE FOUNDATION AGREE THAT EACH PARTY MAY BRING DISPUTES RELATING TO BOTH COVERED CLAIMS AND EXCLUDED CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, A FEDERAL OR STATE CLASS ACTION LAWSUIT OR A CLASS ARBITRATION.
- Conduct of Arbitration; Governing Rules. Arbitrations for any disputes between us relating to the Covered Claims will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules and the Supplementary Rules for Multiple Case Filings (collectively, the “AAA Rules”). For more information about arbitration, the AAA and the arbitration process, please consult the American Arbitration Association web site at adr.org. All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision–including whether any claims are Covered Claims or Excluded Claims within the meaning of this provision–are for the court to decide. As stated in Section XIV, Massachusetts law applies to any arbitration under this section, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you. Prior to initiating arbitration for a Covered Claim, both parties agree that they will provide individualized written notice of the potential claim to the opposing party setting forth (i) the factual and legal basis for the claim; (ii) contact information for the potential claimant and their counsel, if any; and (iii) the remedies sought, including the amount of claimed monetary damages (the “Notice”). Following receipt of the Notice by the opposing party, the parties agree to make a good faith effort for at least 30 days to resolve the claim before resorting to more formal means of resolution, including, without limitation, arbitration or any court action. To provide notice of a claim to the Foundation, write to email@example.com.
Unless you and the Foundation agree otherwise in writing, any hearings for the arbitration will take place in a location to be determined in accordance with the AAA Rules. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, except that if the arbitrator finds at any time that a claim was filed frivolously, for purposes of harassment, or otherwise in bad faith, then the filing party will reimburse the other party for all costs and fees, including attorneys’ fees, associated with that claim.
Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction located in the County of Suffolk in the State of Massachusetts. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by both parties.
For all litigation regarding Excluded Claims and any other controversy or claim for which arbitration is denied, the sole jurisdiction and venue for such litigation will be an appropriate federal or state court located in the County of Suffolk in the State of Massachusetts.
All provisions of this Dispute Resolution – Arbitration and Waiver of Class Actions Section shall survive termination of these Terms of Service and the Terms of Sale, your relationship with us, and/or your account or profile.
The following provisions shall survive the termination of these Terms and shall apply indefinitely:
- Section III (Foundation Ownership; Reservation of Rights)
- Section VII (Warranty Disclaimer)
- Section X (Limitation of Liability)
- Section XI (Indemnity)
- Section XIII (Assignment)
- Section XIV (Governing Law; Jurisdiction)
- Section XV (Waiver of Class Actions; Arbitration)
- Section XVI (Survival)
Questions about these Website Terms and Conditions should be directed to firstname.lastname@example.org.
The effective date of these Terms and Conditions is August 22, 2023.Document version date: Sep 6, 2023