Terms of use
Terms of use
VECHAIN WEB SITE TERMS OF USE
By accessing the website vechain.org you are agreeing to be bound by these terms of services, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local law.
The materials contained in this website are protected by applicable copyright and trademark law.
For information about how we collect, use, share and process information about you please refer to our Privacy Policy.
These terms of services (hereinafter “Terms”) are a binding contract between you, an individual user or site visitor, wheter personally or on behalf of an entity (hereinafter “user”, “you”, “your”) and Vechain Foundation San Marino s.r.l. (hereinafter “Vechain”, “we”, “us”, “our”) concerning use of the www.vechain.org website as well as any other media channel (e.g https://support.vechain.org/support/home) or mobile website related, linked or otherwise connected thereto (collectively the “Site”).
BY USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US AND HAVE THE AUTHORITY TO DO SO EITHER ON YOUR OWN BEHALF OR ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, AND THAT YOU HAVE READ AND UNDERSTAND, AND ACCEPT AND AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY, THESE TERMS IN FULL. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT USE THE SITE.
1. CHANGES TO THESE TERMS
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to this Terms at any time and for any reason, it is your responsibility to periodically review the Terms to stay informed of updates. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.
2. RIGHT ACCESS AND USE THE SITE
(a) Site. The Site is offered to you for informational purposes and as a hub to access certain services and web portals offered by Vechain (collectively the “Services”). Services may be subject to additional terms: in the event there are any conflicts between additional terms and these Terms as it relates to a specific Service, the additional terms shall control;
(b) Access and Use Restrictions. As an express condition of your use of the Site, you represent and warrant to us that you shall not use the Site for any unlawful purpose or purpose prohibited by these Terms or the laws or regulations in the jurisdiction in which you live or reside or where you may engage in any activity with the Site. WITHOUT LIMITING THE FOREGOING, you agree not to use the Site for any of the following purposes:
(i) distribute, publicly perform, or publicly display any Vechain material;
(ii) violate any law, regulation, or governmental policy in any applicable jurisdiction, including, without limitation, pay for, support, or otherwise engage in any illegal activities such as prohibited trade, illegal gambling, fraud, money laundering, or terrorist activities;
(iii) share, lease, rent, use, or otherwise provide access to the Site to or on behalf of any third party;
(iv) use the Site in connection with the performance of any service performed for a any third party;
(v) infringe upon, misappropriate, or violate intellectual property rights or any other rights of any person or entity (including, without limitation, Vechain);
(vi) behave in a harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable manner;
(vii) violate the security of any computer network, or crack any password or security encryption code;
(viii) impersonate or attempt to impersonate another individual or entity, including, without limitation, any vechain employee or agent, or another Site user;
(ix) infringe, in any way, on the rights of others or engage in behavior or activity that is threatening, harmful, discriminatory, or fraudulent;
(x) access, copy or store any of the Site source code or a significant portion of our content;
(xi) decompile, reverse engineer, or otherwise attempt to obtain source code or underlying ideas or information of or in connection with the Site;
(xii) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or any server, computer, or database connected to the Site or any Services;
(xiii) circumvent, remove, alter, deactivate, degrade, or thwart any technological measure or content protections of the Site or any Services;
(xiv) use any device, software, bot, or routine that interferes with the proper working of the Site or any Services;
(xv) damage, overburden, disable, or impair the vechain’s ability to provide the Site or any Services to users; or
(xvi) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to vechain, the Site, any of the Services, or any users of the Site or Services.
We may, in our sole discretion, take any necessary or desirable actions and/or exercise any of our rights and remedies any time and for any reason without notice in the event you breach these Terms. Any violation of any of the above representations and warranties, including, without limitation, use of the Site or Services in breach of these Terms, may subject you to civil liability, criminal prosecution, and termination of your rights to use the Site and Services; and
(c) Aggregate Data. When you use the Site, we may collect information related to your use of the Site that is used by us in an aggregate and anonymized manner (“Aggregate Data”), for the exclusive purpose of improving the security, compatibility or interoperability of the Site. To better understand the Aggregate Data and information we collect and process and how we use any information collected through the Site, please refer to our Privacy Policy.
3. TRADEMARKS AND OWNERSHIP
“Vechain” and our logos, our product or service names, our slogans and the look and feel of the Services including, without limitation, all graphics, design, systems, methods, processes, architectures, structures, functions, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data (including Aggregate Data), all Vechain Services offered on the Site, and all other elements of the Site (collectively, the “Vechain Properties”) are trademarks of Vechain and may not be copied, imitated or used, in whole or in part, without our prior written permission, which may be obtained by emailing info@vechain.org. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. 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 by us.
4. DISCLAIMER OF WARRANTIES
THE SITE AND SERVICES IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR SERVICE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES WILL BE AT YOUR SOLE RISK. VECHAIN IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT RESULT FROM YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, (i) YOUR USE OR INABILITY TO USE THE SERVICE; ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THE SERVICE; (ii) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY TRANSMISSION OR DATA; (iii) ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICE; (iv) ANY ACTIVITIES OR COMMUNICATIONS OF THIRD PARTIES; OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICES. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SERVICES, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
5. INDEMNIFICATION
(a) TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS VECHAIN PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, COSTS, PROCEEDINGS, DEMANDS, LOSSES, DAMAGES, AND EXPENSES OF ANY KIND OR NATURE (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S REASONABLY INCURRED AND LEGAL COSTS AND EXPENSES REASONABLY INCURRED) RELATING TO THIRD PARTY CLAIMS ARISING OUT OF (i) YOUR USE OF THE SITE; (ii) ANY FEEDBACK YOU PROVIDE TO US CONCERNING THE SITE; (iii) YOUR VIOLATION OF THESE TERMS OR USE INCONSISTENT WITH ANY APPLICABLE DOCUMENTATION; OR (iv) YOUR VIOLATION OF ANY APPLICABLE LAW; and
(b) NO INDEMNITEE OR ANY OTHER PERSON OR ENTITY SHALL BE ENTITLED TO ANY FORM OF EQUITABLE OR IMPLIED INDEMNIFICATION AT ANY TIME.
6. LIMITATION OF LIABILITY
IN NO EVENT WILL THE VECHAIN PARTIES BE LIABLE FOR (i) ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER, OR (ii) ANY DAMAGES FOR LOSS OF ANY DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS, IN ANY CASE WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR CONNECTED WITH ACCESS OR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE FOLLOWING: (A) ANY UNAUTHORIZED USE OF THE SITE OR SERVICES; (B) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE FOUND IN THE SITE OR SERVICES (REGARDLESS OF THE SOURCE OF ORIGINATION); OR (D) ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT;
7. THIRD PARTY RESOURCES
The Site and documentation may contain links to other sites and resources provided by third parties and not controlled by Vechain (“Third-Party Resource(s)”). These links are provided for your convenience only. We have no control over the contents of Third-Party Resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third-Party Resources linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Third- Party Resource.
8. DISPUTE RESOLUTION
(a) Arbitration. All disputes arising out of or in connection with these Terms or the subject matter hereof (“Dispute(s)”) shall be finally settled under the Rules of Arbitration (“Rules”) of the International Chamber of Commerce (“ICC”) by one arbitrator appointed in accordance with the ICC Rules. The arbitrator must be fluent in the English language and the arbitration shall at all times be held in the English language. If the Rules permit, the arbitrator shall render a reasoned award in writing. Any arbitration arising pursuant to these Terms shall be held in Milan, Italy, and discovery shall only be admissible to the extent permitted under or not prohibited under the ICC Rules. Upon final judgment by the
arbitrator of a Dispute, any award rendered shall be binding and may be entered as a judgment in any court with appropriate jurisdiction, and the parties consent to jurisdiction therein for the purpose of such enforcement. This agreement to arbitrate shall be referred to as the “Arbitration Agreement”;
(b) Opt-Out Right. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out within thirty (30) days after first becoming subject to this Arbitration Agreement in accordance with the notice requirements in paragraph 10 below. If you opt out of this Arbitration Agreement, all other provisions of these Terms will continue to apply to you;
(c) Arbitration Agreement Severability. Except as provided in this paragraph, if anypart or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect; and
(d) Attorney’s Fees. The prevailing party in any Dispute shall be entitled to, and the non-prevailing party shall pay, the prevailing party’s third-party attorneys’ fees and other third-party costs reasonably incurred by the prevailing party in connection with the resolution of the Dispute and in connection with the enforcement of the judgment or arbitration award in favor of the prevailing party. The non-prevailing party shall pay those fees and costs to the prevailing party upon the demand notice of the prevailing party.
9. GOVERNING LAW AND JURISDICTION
These Terms and all matters in connection or relating to the subject matter hereof (including the interpretation of these Terms) shall be governed by and construed under the laws of Italy, without giving effect to any conflict of laws rules or provisions. Subject to paragraph 8 above (Dispute Resolution) of these Terms, each party shall and does consent and submit to the exclusive personal jurisdiction of the courts in San Marino for any such action.
10. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Services, please contact us at: info@vechain.org
Updated on February 1st, 2024