Terms of Service
|
|
|
Acceptance of Terms
Our Ledger welcome you. Our Ledger provides its service to you subject to the following
Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.
In addition, when using particular Our Ledger owned or operated services, you and Our Ledger
shall be subjected to any posted guidelines or rules applicable to such services, which may be posted from
time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby
incorporated by reference into the TOS. Our Ledger may also offer other services that are governed
by different Terms of Service.
Your Registration Obligation
In consideration of your use of the Service, you represent that you are of legal age to form a binding
contract and are not a person barred from receiving services under the laws of the United States or other
applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and
promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete, or Our Ledger has reasonable grounds
to suspect that such information is untrue, inaccurate, not current or incomplete, Our Ledger has the
right to suspend or terminate your account and refuse any and all current or future use of the Service
(or any portion thereof).
Member Account, Password and Security
Upon registration, you will receive an designated user account upon completing the Service's registration
process. You are responsible for maintaining the confidentiality of your username, password and account and
are fully responsible for all activities that occur under your username, password and account. You agree to
(a) immediately notify Our Ledger of any unauthorized use of your username, password or account or any
other breach of security, and (b) ensure that you exit from your account at the end of each session.
Our Ledger cannot and will not be liable for any loss or damage arising from your failure to comply with
this Section.
You acknowledge, consent and agree that Our Ledger may access, preserve and disclose your account
information and Content if required to do so by law or in a good faith belief that such access preservation
or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c)
respond to claims that any Content violates the rights of third parties; (d) respond to your requests
for customer service; or (e) protect the rights, property or personal safety of Our Ledger, its users
and the public.
You understand that the technical processing and transmission of the Service, including your Content, may
involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components
that permit digital materials to be protected, and that use of these materials is subject to usage rules
set by Our Ledger and/or content providers who provide content to the Service. You may not attempt to
override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction,
publication, further distribution or public exhibition of the materials provided on the Service, in whole
or in part, is strictly prohibited
You agree to not use the Service to:
|
(a)
|
impersonate any person or entity, including, but not limited to, a Our Ledger official,
administrator, guide or host, or falsely state or otherwise misrepresent your affiliation with a person
or entity;
|
|
(b)
|
upload, post, email, transmit or otherwise make available any Content that you do not have a right to
make available under any law or under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of employment relationships or
under nondisclosure agreements);
|
|
(c)
|
upload, post, email, transmit or otherwise make available any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
|
|
(d)
|
upload, post, email, transmit or otherwise make available any material that contains software viruses
or any other computer code, files or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
|
|
(e)
|
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks connected to the Service;
|
|
(f)
|
collect or store personal data about other users in connection with the prohibited conduct and
activities set forth in paragraphs a through m above.
|
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online
conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the country in which you reside.
Indemnity
You agree to indemnify and hold Our Ledger and its subsidiaries, affiliates, officers, agents,
employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of Content you submit, post, transmit or otherwise make
available through the Service, your use of the Service, your connection to the Service, your violation of
the TOS, or your violation of any rights of another.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes,
any portion of the Service (including your Our Ledger ID), use of the Service, or access to the
Service.
Modifications to Service
Our Ledger reserves the right at any time and from time to time to modify or discontinue, temporarily
or permanently, the Service (or any part thereof) with or without notice. You agree that Our Ledger
shall not be liable to you or to any third party for any modification, suspension or discontinuance of the
Service.
Termination
You agree that Our Ledger may, under certain circumstances and without prior notice, immediately
terminate your Our Ledger account, any associated email address, and access to the Service. Cause for
such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other
incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies,
(c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the
Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods
of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees
owed by you in connection with the Services. Termination of your Our Ledger account includes (a) removal
of access to all offerings within the Service, (b) deletion of your password and all related information,
files and content associated with or inside your account (or any part thereof), and (c) barring of further
use of the Service. Further, you agree that all terminations for cause shall be made in Our Ledger's
sole discretion and that Our Ledger shall not be liable to you or any third party for any termination
of your account, any associated email address, or access to the Service.
Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources.
Because Our Ledger has no control over such sites and resources, you acknowledge and agree that Ledger
Services is not responsible for the availability of such external sites or resources, and does not endorse
and is not responsible or liable for any Content, advertising, products or other materials on or available
from such sites or resources. You further acknowledge and agree that Our Ledger shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such Content, goods or services available on or through any such site or
resource.
Our Ledger's Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service
("Software") contain proprietary and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements
or information presented to you through the Service or by advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as expressly authorized by Our Ledger
or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based
on the Service or the Software, in whole or in part.
Our Ledger grants you a personal, non-transferable and non-exclusive right and license to use the object
code of its Software on a single computer; provided that you do not (and do not allow any third party to)
copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any
right in the Software. You agree not to modify the Software in any manner or form, nor to use modified
versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to
the Service. You agree not to access the Service by any means other than through the interface that is
provided by Our Ledger for use in accessing the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
OUR LEDGER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
OUR LEDGER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE
NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR LEDGER OR THROUGH OR FROM
THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY
UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU,
OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE.
IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING
SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OUR LEDGER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OUR LEDGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF L
IABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS
(OUR LEDGER'S PROPRIETARY RIGHTS & DISCLAIMER OF WARRANTIES) MAY NOT APPLY TO YOU.
General Information
Entire Agreement. The TOS constitutes the entire agreement between you and Our Ledger and governs
your use of the Service, superseding any prior agreements between you and Our Ledger with respect to
the Service. You also may be subject to additional terms and conditions that may apply when you use or
purchase certain other Our Ledger's services, affiliate services, third-party content or third-party software.
Waiver and Severability of Terms. The failure of Our Ledger to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS
is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Our Ledger account is
non-transferable and any rights to your Our Ledger username or contents within your account terminate
upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all
contents therein permanently deleted.
Statute of Limitations.You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Service or the TOS must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Violations
Please report any violations of the TOS to our Customer Care
|
|
|
|