Terms of Use
Effective Date: September 27, 2022
Your use of the website at hashscan.io on which these terms reside (collectively, the “Site”), and the features at this Site are subject to these Terms of Use (the “Terms”), which we may update from time to time. Please read these Terms carefully before using this Site. The Site is owned or controlled by Swirlds Labs Inc. (“Company”). This Site is intended for and applicable only for those individuals who are at least 18 years of age or the age of majority in your place of residence to access and use this Site. By accessing this Site in any way, including, without limitation, browsing this Site, using any information, and/or submitting information to Company, you agree to and are bound by the Terms, including, but not limited to, disclaimers of warranties, damage and remedy exclusions and limitations and a choice of Texas law.
You acknowledge and agree that these Terms may be revised from time to time by Company in its sole discretion, with any such modifications effective when the revised Terms are posted here as of the Effective Date. It is your responsibility to review these Terms frequently and remain informed about any changes to them, so we encourage You to visit this page often. Company may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Company will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.
On certain areas of the Site, you may be given the ability to provide personally identifiable information. Please read the Privacy Policy for more information about our information collection, use and sharing practices.
The Site and the content and functionality on the Site, including text, graphics, logos, icons, images, and videos and the selection and arrangement thereof, in addition to any concepts, know-how, tools, frameworks, software, applications or other technology, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to or derivative works thereof (the “Site Content”) is owned by Company, its licensors or other providers of such material and, to the extent applicable, is protected in the U.S. and internationally under copyright, trademark, patent and other intellectual property laws.
“Swirlds Labs,” “Hashscan,” the Swirlds Labs logo, the Hashscan logo, all related names, logos, product or service names, designs, slogans, and the design, look and feel of the Site (collectively, the “Trademarks”) are trademarks of Company and its licensors. Except as expressly permitted by us (e.g., through social media sharing tools provided on the Site) or by our licensors, where applicable, you may not use, imitate, or reproduce, in whole or in part, any Trademark of, or imply any endorsement by or relationship with, Company or its licensors. All other names, logos, product and service names, designs and slogans on the Site are the trademarks or other intellectual property of their respective owners.
The Site utilizes third party software and other copyrighted material, including open source software. Acknowledgements, licensing terms and disclaimers for such materials may be contained in their electronic documentation, and your use of any such underlying software, code, or other materials is governed by their respective licenses and terms of use.
Company hereby grants you a limited, non-exclusive, non-transferable, revocable license for the term hereof to access and use the Site and Site Content solely for your own use, provided that you do not modify the Site Content in any way, that you retain all copyright and other proprietary notices displayed on the Site Content, and that you otherwise comply with these Terms. The Site Content may not be copied, reproduced, modified, reverse engineered, altered (including the removal or disabling of any security or technological safeguards, disclaimers, or legends), published, uploaded, posted, transmitted, or distributed in any way without Company’s written permission, except for those uses specifically permitted in these Terms, including by reference to third-party licenses and terms of use. All rights not expressly granted are reserved. Nothing on this Site or in these Terms shall be construed as granting directly or indirectly, or by implication, any license or right to use any Company intellectual property other than as expressly set forth herein. The license granted in this section terminates automatically and immediately if you do not comply with these Terms.
The Site may provide links to third-party websites, applications, or platforms, and some of the content and functionality appearing to be on this Site is in fact obtained from or supplied, supported, or provided directly or indirectly by third parties. Company makes no representations or warranties about, and is not responsible or liable for, the content, functions, accuracy, completeness, legality, appropriateness or any other aspect of any such third-party websites, applications, platforms, content, resources or other materials. The inclusion of any such link or content is provided as a service to users and does not imply endorsement by Company or any association with its operators. These third websites, applications or platforms, and the services and content they provide, are governed by the respective terms of use, privacy policies, and licenses, if any, of the applicable third-party providers. Information you submit to a third-party site or application accessible from this Site is subject to the terms of that site's or application’s privacy policy, and Company has no control over or liability for how your information is collected, used, or otherwise handled. If you access third-party services through the Site to login to the Site or to share information about your experience on the Site with others, these third-party services may be able to collect information about you, including information about your activity on the Site, and they may notify your connections on the third-party services about your use of the Site, in accordance with their own privacy policies.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please contact us at contact@swirldslabs.com.
Acceptable Use and Posting Policy
The following requirements apply to your use the Site: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, fraudulent, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users, nor impersonate any person or entity or forge anyone else's digital or manual signature; (d) you will not use the Site for any commercial purpose not expressly approved by Company in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not restrict, inhibit, or otherwise interfere with the ability of any other person to use or enjoy the Site, or upload, post, email, or otherwise transmit any material that contains viruses, bombs, worms, Trojan horses, cancelbots, or other harmful feature or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment; and (g) you will not conduct, participate in, or otherwise facilitate pyramid or other illegal soliciting schemes.
From time to time on certain areas of the Site you may be able to submit photos, written posts and certain other materials ("Your Data"). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Company; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Company, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You further understand and agree that Company may delete all Your Data at any time, and without notice, if Company deems that you have violated these Terms, the law, or for any other reason. Company assumes no liability for any information removed from the Site, and reserves the right to permanently restrict access to the Site.
By displaying, publishing, or otherwise posting any Your Data on or through the Site, you hereby grant to Company a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Your Data in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any Your Data, as well as the right to sublicense Your Data to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in Your Data, and you continue to have the right to use Your Data in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
You agree to indemnify and hold Company, its parents, subsidiaries, affiliates, officers, directors, employees, and website contractors and each of their officers, directors, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including the Posting Policy, or any violations thereof by your dependents, affiliates, or agents or which arise from the use of Your Data you submitted, posted, or otherwise provided to Company or this Site.
No Representations or Warranties; Limitations of Liability
Company makes no representations or warranties about the accuracy or reliability of the features of this Site, Company Content, Third Party Content, Your Data, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Company makes no representations regarding the amount of time that any Company Content or Your Data will be preserved.
The Site may provide an estimate of rewards that may be earned through certain activity. The Rewards Estimator is for illustrative purposes only and is not guaranteed. Any estimate, target or forward-looking statements are not, and are not intended as, a guarantee of future benefits. Company makes no representation that estimates contained herein are accurate or will remain unchanged in the future.
Company does not endorse, verify, evaluate or guarantee any information obtained from third parties or provided by users and nothing shall be considered as an endorsement, verification or guarantee of any Third Party Content or Your Data. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest approval or endorsement by Company without the prior review and written approval of Company.
THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM, ARISE OUT OF, RELATE TO, OR ARE CONNECTED WITH ANY PROVISION OF THESE TERMS OR THE USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SERVICES, SOFTWARE, MATERIAL OR SITE(S) PROVIDED TO YOU BY US, HOWEVER CASUED AND UNDER ANY THEORY OF LIABILITY, INCLUDING IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, NOR SHALL COMPANY BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND COMPANY’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL COMPANY OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND TO THE EXTENT DAMAGES ARE THE RESULT OF COMPANY’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT, THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY OR ANY JURISDICTION THAT EXPRESSLY FORBIDS LIMITATIONS OF LIABILITY FOR SUCH DAMAGES.
Miscellaneous
Both you and Company acknowledge and agree that no partnership is formed and neither of you nor Company has the power or the authority to obligate or bind the other.
These Terms will be governed by and construed in accordance with the laws of the United States and the State Texas without regard to conflicts of laws principles. By using this site, you hereby agree that any action to enforce any other disputes (if any) regarding these Terms will be subject to the courts located in Collin County, Texas. You agree that, to the extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with this Site and/or these Terms, will be resolved individually, without resort to any form of class action. These Terms operate to the fullest extent permissible by law.
The failure of Company to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Company, shall not be deemed a breach of these Terms.
If Company fails to act with respect to your breach or anyone else's breach on any occasion, Company is not waiving its right to act with respect to future or similar breaches.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute a binding agreement between you and Company, and is accepted by you upon your use of the Site. These Terms constitute the entire agreement between you and Company regarding the use of the Site. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.