IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 25. PLEASE READ THE AGREEMENT CAREFULLY.
De University of Ethereum (“UETH”) is a a collaborative learning community focused on promoting the learning, research, discussion, and advancement on the Ethereum network. The UETH website (https://www.ueth.org/, the “Site”) serves as a registration portal, product offering, and an overview of the UETH services. The site also includes text, images, audio, code and other materials or third party information. The Site allows Posters to fund and post Tasks for Hunters to resolve, allows Posters to fund Grants for Hunters, allows Posters to sponsor Hackathons, allows Hunters to resolve Tasks and participate in Hackathons, and allows Buyers and Sellers to buy and sell (collectively, the “Service Offerings”). The Site and any other features, tools, materials, or services offered from time to time by UETH, including without limitation the Service Offerings, is referred to here as the “Service.” Please read these Terms of Use (the “Terms” or “Terms of Use”) carefully before using the Service. By using or otherwise accessing the Services, or clicking to accept or agree to these Terms where that option is made available, you (x) accept and agree to these Terms, (y) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy and (z) any additional terms, rules and conditions of participation issued by UETH from time to time. IF YOU DO NOT AGREE TO THE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.
Except for Section 25, providing for binding arbitration and waiver of class action rights, UETH reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. The most current version of these Terms will be posted on our Site. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you after any modification to the Terms constitutes your acceptance of the Terms of Use as modified.
You represent and warrant that you: (a) are of legal age to form a binding contract; (b) have not previously been suspended or removed from using our Services; and (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party. If you are registering to use the Services on behalf of a legal entity, you further represent and warrant that (x) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (y) you are duly authorized by such legal entity to act on its behalf.
You expressly acknowledge, agree, and understand that: UETH are a collaborative learning community focused on promoting the learning, research, discussion, and advancement on the Ethereum network. UETH’s goal is to cultivate future leaders in our ecosystem by providing its students with the most intuitive learning experience and equip them with successful tools to tackle uncharted space confidently. UETH welcomes anyone from anywhere, we hope to become the backbone of Ethereum technology and its application.
Unless otherwise expressly authorized in these Terms of Use or on the Site, you may not take any action to
interfere with the Site or any other user’s
use of the Site or decompile, reverse engineer or disassemble any content or other products or processes
accessible through the Site, nor insert any code
or product or manipulate the content in any way that affects any User’s experience. While using the Site you
are required to comply with all applicable statutes,
orders, regulations, rules, and other laws. In addition, we expect users of the Website to respect the
rights and dignity of others. Your use of the Site is
conditioned on your compliance with the rules of conduct set forth in this Section.
You may not use, or cause or encourage others to use, UETH for any illegal, harmful, fraudulent, infringing,
or objectionable activities.
Here is a non-exhaustive list of prohibited activities:
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, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You release UETH from all liability for content you acquired or failed to acquire through the Service.
UETH is an early stage platform. You acknowledge that Ethereum applications are code subject to flaws and acknowledge that you are solely responsible for evaluating any available code provided by the Services. You further expressly acknowledge and represent that applications can be written maliciously or negligently, that UETH cannot be held liable for your interaction with such applications. These warnings and others later provided by UETH in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the Service.
You acknowledge and accept that the Services (i) may contain bugs, errors and defects, (ii) may function improperly or be subject to periods of downtime and unavailability, (iii) may result in total or partial loss or corruption of data used in the Services, and (iv) may be modified at any time, including through the release of subsequent versions, all with or without notice.
You agree, to the fullest extent permitted by applicable law, to release and to indemnify, defend and hold harmless UETH and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from: (a) your use of the Service, (b) your violation of these Terms of Use, (c) any of your acts or omissions that implicate publicity rights, defamation, invasion of privacy, confidentiality, intellectual property rights or other property rights, (d) your UGC, (e) any misrepresentation by you and (f) any disputes or issues between you and any third party. UETH reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with UETH in the defense of such matter.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICE. YOU
ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR
RECEIVE DURING YOUR USE OF THE SITE AND SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED
BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE
THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT,
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
NEITHER UETH NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES AND AGENCIES, AS WELL AS THE OFFICERS, DIRECTORS,
EMPLOYEES, SHAREHOLDERS OR REPRESENTATIVES OF ANY OF
THE FOREGOING ENTITIES, OR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY
OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER
DAMAGES BASED ON CONTRACT, TORT (INCLUDING, IN JURISDICTIONS WHERE PERMITTED, NEGLIGENCE AND GROSS
NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF
UETH HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE OR SERVICE; THE USE OR
THE INABILITY TO USE THE SITE OR SERVICE; UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE
OR SERVICE; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS
A RESULT OF COMMUNICATIONS YOU SEND TO US; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC
UTILITY OR TELEPHONE OUTAGES; OMISSIONS,
INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING,
BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT
PARTICIPATION IN THE SERVICE); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE
SITE OR SERVICE OR ANY OTHER WEBSITE; THEFT,
TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS
PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST;
TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE
SITE OR SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11.1. Site License Subject to and conditioned on your compliance with these Terms of Use, UETH grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Service. This license does not include any resale or commercial use of the Service or any derivative use of the Service. All rights not expressly granted to you in these Terms of Use are reserved and retained by UETH or its licensors. The UETH Service may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of UETH. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of UETH without express written consent. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by UETH terminate if you do not comply with these Terms of Use. UETH retains all right, title, and interest in and to all Intellectual Property Rights in and to the Site and the Site Services.
11.2. User Content License When you post or submit any data, feedback, content, text, photographs, images, or other information to any part of the Site or provide to UETH (referred to as “User Content”), you represent and warrant that you have the right, power, and authority to post that User Content and grant the licenses specified below. You further represent and warrant that by posting or providing such User Content you will not violate third-party rights of any kind, including, without limitation, any Intellectual Property Rights, rights of publicity, or privacy rights. To the extent your User Content may be copyrightable, you represent, warrant, and covenant that you are the owner of all the copyright rights to such User Content and that UETH may exercise the rights to your User Content granted under the Terms of Use without any liability or obligation for any payment.
You retain all ownership rights in any User Content you post on UETH. To the extent permitted by applicable law, you also grant to UETH and our successors and affiliates a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Site and UETH (and our successors’ and affiliates’) business, including, without limitation, for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your User Content through the Site and to use, reproduce, distribute, display, and perform such User Content to the extent permitted through the normal functionality of the Site and subject to all applicable confidentiality and other provisions of this Agreement, our Privacy Policy, and applicable law.
The licenses to User Content granted by you in this Agreement will terminate within a commercially reasonable time after you remove or delete your User Content from the Site, except that you grant UETH and our successors and affiliates the irrevocable and perpetual license to retain and use, but not publicly display or distribute, server or archival copies of all User Content that you have removed or deleted to the extent permitted by applicable law.
UETH may terminate or suspend all or part of the Service without prior notice or liability if you breach any of the terms or conditions of the Terms. We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
The following provisions of the Terms survive any termination of these Terms: INDEMNITY; WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; TERMINATION AND SUSPENSION; NO THIRD PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; GENERAL INFORMATION.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms. The Terms of Use will not be construed as creating or implying any relationship of agency, franchise, partnership, or joint venture between Users and UETH, except and solely to the extent expressly stated in this Agreement.
If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide UETH a written notice containing the following information:
UETH can be reached at:
Email: c@ueth.org
Subject Line: Copyright Notification
In addition to the recognition that UETH is not a party to any Service Contract between Users, you hereby release UETH, our affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the work provided to the UETH Poster and requests for refunds based upon disputes.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
These Terms (and any additional terms, rules and conditions of participation that UETH may post on the Service) constitute the entire agreement between you and UETH with respect to the Service and supersedes any prior agreements, oral or written, between you and UETH. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation, the latter will prevail over the Terms to the extent of the conflict.
The failure of UETH to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Users with questions, complaints or claims with respect to the Service may contact us at c@ueth.org.
The Site is controlled, operated and administered by UETH from its offices within the United States of America and is not intended to subject UETH to the laws or jurisdiction of any state, country or territory other than that of the United States. UETH does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. UETH may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
The Service permits you to create and/or upload material which you own, have created or otherwise have appropriate rights in, including without limitation Kudos (collectively, "User Generated Content" or "UGC"). UGC includes, for example, drawings, images, pictures, writings, games, videos and any other content or materials contributed by users to, on, or through the Service. If we believe that your use or uploading of UGC breaches any of the terms and conditions set forth herein, then we may remove, block, edit, move or disable such UGC in our sole discretion. If you contravene any of the terms and conditions herein, we reserve the right to suspend or permanently remove availability of your UGC and to take any other steps which we consider appropriate including terminating your ability to use the Service.
You are solely responsible for your UGC and the consequences of posting or publishing UGC. By posting or publishing UGC on or through the Service, you affirm, represent, and warrant that: (a) you are the creator of or otherwise own the rights in the UGC that you make available to or through the Service, or, for any UGC that is owned by a third party, you have the express authorization of such third party to upload such UGC to or through the Service; (b) no item of UGC that you upload infringes the intellectual property rights or privacy or any other rights of anyone else or is illegal or breaches the Terms; (c) you waive and agree not to assert any moral rights or similar rights you may have in UGC; (d) you are solely responsible for your UGC, and acknowledge that we do not pre-screen any UGC and do not endorse or approve of any UGC that you or other users may contribute to the Service; (e) you must not in any way claim or suggest that any UGC is endorsed or supported by us; and (f) your use of the Service, including the UGC you upload, complies with all applicable laws and legislation and is not harmful, offensive, defamatory, sexually explicit, obscene, violent, threatening, harassing, abusive, falsely representative of your persona, invasive of someone else’s privacy, illegal or likely to cause any reputational loss or embarrassment to us or our affiliates.
By posting or publishing UGC to the Service or otherwise, you grant us a worldwide, perpetual, non-exclusive, fully transferable, royalty-free, irrevocable, commercial right and license to host, store, use, transfer, display, perform, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including, without limitation, to third party individuals, media channels, platforms, and distributors), and otherwise use and exploit in any manner whatsoever, or grant third parties the right to do any of the foregoing, to all or any portion of your UGC, for any purpose whatsoever, including for commercial purposes, in any means or media formats and through any media channels (now known or hereafter developed) and to advertise, market, and promote the same. You further irrevocably grant us the right, but not the obligation, to use your name in connection with your UGC. You also agree to waive any right of approval for our use of the rights granted herein that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights. To the extent permitted by applicable laws, you also waive any moral rights or rights of a like nature that you may have in such UGC. Any such use of your UGC by us shall be without any compensation paid to you.
USERS OF THE SERVICE CREATE, DOWNLOAD AND USE UGC AT THEIR OWN RISK. WE ARE UNDER NO OBLIGATION TO EDIT OR CONTROL UGC THAT YOU OR OTHER USERS POST OR PUBLISH, AND WILL NOT BE IN ANY WAY RESPONSIBLE OR LIABLE FOR UGC. WE MAY, HOWEVER, AT ANY TIME AND WITHOUT PRIOR NOTICE, SCREEN, REMOVE, EDIT, OR BLOCK ANY UGC THAT IN OUR SOLE JUDGMENT VIOLATES THESE LICENSE TERMS OR IS OTHERWISE OBJECTIONABLE. YOU UNDERSTAND THAT WHEN USING THE SERVICE YOU WILL BE EXPOSED TO UGC FROM A VARIETY OF SOURCES AND ACKNOWLEDGE THAT UGC MAY BE INACCURATE, OFFENSIVE, INDECENT OR OBJECTIONABLE. YOU AGREE TO WAIVE, AND DO HEREBY WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST US WITH RESPECT TO UGC. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH UGC. IF NOTIFIED BY A USER OR CONTENT OWNER THAT UGC ALLEGEDLY DOES NOT CONFORM TO THE LICENSE TERMS, WE MAY INVESTIGATE THE ALLEGATION AND DETERMINE IN OUR SOLE DISCRETION WHETHER TO REMOVE THE UGC, WHICH WE RESERVE THE RIGHT TO DO AT ANY TIME AND WITHOUT NOTICE. FOR CLARITY, WE DO NOT PERMIT COPYRIGHT-INFRINGING ACTIVITIES ON THE SERVICE.
Users who own or otherwise receive Kudos or other UGC agree to have their UETH profile page linked on Kudos pages.
If you enter into any order form for additional services (the “Additional Services”) from UETH (including without limitation Hackathons and Tribes), you agree to be subject to the terms of such order form and these Terms, including this Section 30.
You agree to pay UETH the fees specified in the order form (the “Additional Fees”). Unless otherwise specified therein, all Additional Fees will be due and payable within 30 days of your receipt of an invoice. Failure to pay the Additional Fees by their due dates may result in the loss of some or all of the Services at UETH’s sole discretion. Additional Fees are non-refundable.
You hereby grant to UETH a non-exclusive, non-transferable license to use the logos, trademarks, service marks, trade dress and other protectable source or business identifiers, and any documents, information and other materials owned or licensed by you and provided by you to UETH for use in connection with the Additional Services. Except as specifically set forth above, neither party will acquire any right, title or interest in the other party’s trademarks, service marks, trade secrets, logos, commercial symbols, copyrights, patents and any other intellectual property rights by virtue of the provisions hereunder.
You agree not to issue any press release or otherwise make any public announcement related to the Additional Services or the transactions contemplated in the order forms without the prior written approval of UETH.