Terms of Use
1. Introduction
The following terms and conditions govern the access and use of the hypercerts.org and hypercerts.xyz websites (the “Websites”), APIs, and any content, live support, products, software, tools, features, or functionalities provided on or in connection with our services; including without limitation using our services to view, explore, help display and create hypercerts, and using our tools, at your own discretion, to connect directly with others to mint, purchase, sell, or transfer hypercerts on public blockchains (collectively, the “Service”), including using code available within the repositories of https://github.com/hypercerts-org. “Hypercerts” in these Terms means a digital token or similar digital item implemented on a blockchain, which uses smart contracts to link to or otherwise be associated with certain content or data.
For purposes of these Terms, “user”, “you”, and “your” mean you as the user of the Service. If you use the Service on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
Please read these terms carefully. If you don’t agree to all of these terms and conditions (“Terms” or “TOS”), you are prohibited from using or accessing these Websites or using the Service.
The Hypercerts Foundation (“we,” “us”) may make changes to these Terms from time to time. Your continued use of or access to the Websites or the Service following the posting of any changes to the Terms constitutes acceptance of those changes. If you don’t agree to these revisions, you should stop using the Websites and Service.
2. Accessing the Service
Hypercerts constitute an experimental, discretionary platform to incentivize funding of public goods – this is not a competition. You acknowledge that, at this time, hypercerts are non-transferrable and cannot be traded for value.
We may discontinue providing the Service at any time, and there is no guarantee that your use of the Service will result in any reward. If you become eligible for a reward or payment, you may need to provide us with additional information and/or agree to additional terms and conditions. The offer or payment of any reward through the Service does not constitute an offer of employment or any similar legal relationship between you and any other entity, including us.
You are responsible for any expenses that may become due because of your use of the Service, including in connection with accepting or receiving a reward. Your receipt and use of any reward payment may have significant tax consequences, and you are solely responsible for any taxes due as a result of any reward / payment. You also acknowledge that it’s your obligation, if you so desire, to seek independent counsel to determine the full extent of your tax liability under applicable laws and regulations. Nothing on the Websites or within the Service constitutes tax advice.
For its Service, the Hypercerts Foundation may receive certain fees. The Hypercerts Foundation does not set, collect, or determine other applicable costs, fees, and expenses associated with buying and selling a hypercert, including but not limited to any creator earnings, gas, or transaction fees. These costs, fees, and expenses are paid directly to the seller, creator, payment processor, blockchain validator, or other third party, as applicable. Because these costs, fees, and expenses are not collected by the Hypercerts Foundation, it cannot refund them.
You also represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws) in connection with using the Service.
If you are on any U.S. or E.U. sanctions list, or residing in any U.S. or E.U.-sanctioned region, you may not use the Websites or Service and will not be eligible for any reward or payment.
3. Creation of hypercerts
If you use the Websites or Service to create or mint hypercerts, you are entirely responsible for all data you send or cause to be sent through the Websites or Service (“Content”) - and you’re also responsible for any harm resulting from that Content.
For your own protection and the protection of the network & community, you may not use the Websites or Service for activities related to:
1) Scams and Spam - Don’t use the Service for fraudulent, deceptive, or harmful purposes like:
- Tricking or misleading users, such as by misrepresenting the nature of a project requiring funding, or by impersonating other people or companies;
- Posting or distributing spam.
- Copyright, patent, trademark or trade secret rights;
- Third-party licenses;
- Privacy and publicity rights.
- Issue securities or fractional equity interests;
- Confer rights to any income-generating assets;
- Promote or solicit unlawful services or unlawful obscene material
- Incite violence or threaten others
- Promote or distribute child sexual abuse material or content encouraging or inciting terrorism
- Act in a way that’s reasonably likely to cause or increase the risk of harm to any person(s) or group(s).
4. Intellectual property
Our name, logo, trademarks, and any of our product or service names, logos, and slogans are the intellectual property of the Hypercerts Foundation and may not be copied, imitated or used, in whole or in part, without our prior written permission in each instance.
All other third-party trademarks, registered trademarks, and product names mentioned on the Service or contained in the content linked to or associated with any hypercerts displayed on the Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder.
You are solely responsible for the content and metadata associated with hypercerts and digital items you create. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material, and that the content does not violate any laws.
5. Peer-to-peer service
The Hypercerts Foundation is not a wallet provider, exchange, broker, dealer, financial institution, payments processor, money services business, or creditor. Hypercerts Foundation provides a peer-to-peer web3 service that helps users discover and directly interact with each other and hypercerts available on public blockchains. We do not have custody or control over the hypercerts or blockchains you are interacting with and we do not execute or effectuate purchases, transfers, or sales of hypercerts. To use our Service, you must use a third-party wallet which allows you to engage in transactions on blockchains.
The Hypercerts Foundation is not party to any agreement between any users. You bear full responsibility for verifying the identity, legitimacy, and authenticity of hypercerts that you purchase from third-party sellers using the Service and we make no claims, guarantees, or recommendations about the identity, legitimacy, functionality, or authenticity of users or hypercerts (and any content associated with such hypercerts) visible on the Service.
6. Assumption of Risk
By accessing the Service, you accept and acknowledge: The prices of blockchain assets are extremely volatile and we cannot guarantee purchasers will not lose money. Assets available to sell via the Service should not be viewed as investments: their prices are determined by the market and fluctuate considerably. You are solely responsible for determining any taxes that apply to your transactions. The services are non-custodial, such that we do not at any time have custody of the hypercerts owned by our users. We do not store, send, or receive Digital Assets, as they respectively exist on the blockchain. As such, and due to the decentralized nature of the services provided, you are fully responsible for protecting your wallets and assets from any and all potential risks. Our software indexes hypercerts on blockchains as they are created, and we are not responsible for any assets that users may mistakenly or willingly access or purchase through the software. You accept responsibility for any risks associated with purchasing such user-generated content, including (but not limited to) the risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on faulty smart contracts, and assets that may become untransferable.
7. Disclaimer of Warranties
The Platform is provided “as is” without any express or implied warranties such as the warranties of merchantability, fitness for a particular purpose and non-infringement. We don’t make any warranty that the Platform will be error-free or reliable, or that you’ll have continuous, uninterrupted access to the Platform.
You understand that you use the Platform at your own discretion and risk. You also understand and agree that you may incur transaction fees when interacting with blockchains via our Platform.
We have not reviewed - and cannot review - all of the third-party websites and webpages to which our websites link, or third-party websites that link to our websites. We do not have any control over those third-party websites and webpages and are not responsible for their contents (including computer software) or your use of those third-party websites. We do not represent or imply that we endorse the content on those third-party websites
8. Limitation of Liability
To the extent permitted by law, our liability for any claims relating to or arising out of these Terms, including for any implied warranties, is limited to the amount you’ve paid us to use the Platform within the past (6) months, if anything.
We will not be liable to you for any lost profits or other special, incidental or consequential damages related to or arising out of the Platform, such as (a) the cost of procuring substitute products or software; (b) for software interruptions, loss of files, or data corruption.
9. General Representation and Warranty
You must follow all applicable laws when using our Platform, including laws regarding the transmission of technical data exported from the country in which you reside and in which the Platform you are using resides. You agree that your use of the Platform will not infringe on any third party’s intellectual property rights.
10. Indemnification
To the extent allowed by applicable law, you’ll indemnify us and our directors, officers, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the Platform or violation of these Terms.
11. Miscellaneous
These Terms constitute the entire agreement between you and us concerning the Websites and Platform.
California law will govern all disputes arising out of or relating to these terms, regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts of San Francisco County, California, USA, and you consent to personal jurisdiction in those courts.
If it turns out that a particular term is not valid or enforceable, this will not affect any other terms.
Our failure to enforce a provision is not a waiver of its right to do so later.
You may not assign any of your rights under these Terms without our prior written consent. Any other attempt to assign your rights under the Terms is void. We may assign our rights under these Terms to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Platform.
In order to use the Platform you must be 13 years of age or older. If you are 13 or older but under 18 years of age, you must have your parent or legal guardian’s permission to use the Services and to accept the terms of this TOS.
This document is CC-BY-SA. It was last updated June 10, 2024.