NANO FOUNDATION WEBSITE USER AGREEMENT AND DISCOURSE POLICY
Please read these terms and conditions of use carefully before using this site. By accessing or using the site, you agree to be bound by this user agreement. If you do not agree to these terms, do not access, visit and/or use the site.
Arbitration notice and class action waiver: You agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration
What’s in this user agreement?
These terms tell you the rules for using our website nano.org (the “Site”). It sets out your rights and obligations in accessing, visiting and/or using the Site. We recommend that you retain a copy for your records. You can also access the current User Agreement at any time from the bottom of each page of the Site.
Click on the links below to go straight to more information on each area:
- Who we are and how to contact us
- How we may use your personal information
- We may make changes to these terms
- We may make changes to our Site
- Limits on permission to access or use the Site
- How you may use material on our Site
- Do not rely on information on our Site
- Copyright complaints
- We are not responsible for websites we link to
- The Nano Forum
- User-generated content is not approved by us
- How to file complaints about content uploaded by other users
- Uploading User Content to our Site
- Rights you are giving to us to use material you upload
- We are not responsible for viruses and you must not introduce them
- Rules about linking to our Site
- Indemnity from you to the Nano Foundation
- Disclaimer and limitation of liability
- We may suspend or withdraw our Site
- We may transfer this agreement to someone else
- Which country’s laws apply to any dispute
- How to manage any dispute
- General Terms
- Public Discourse Policy
Who we are and how to contact us
NANO.ORG is a website operated by NanoLabs Inc (trading as the Nano Foundation) (”Nano Foundation”, “we”, “us” or “our”). We are a corporation with limited liability registered in the State of Delaware, US, under company number 6755032 and have our registered office at 16192 Coastal Highway Lewes DE 19958 United States.
The Nano Foundation provides the Site as an informational tool for the benefit of the Nano community. The Nano Foundation is the home and primary developer of the Nano digital currency, an exchange cryptographic token. The Nano Foundation’s purpose is to implement suggested updates to Nano’s software protocols and to provide educational materials for the public concerning Nano’s protocols. The Site is not intended to be the sole source of information concerning the Nano currency or the Nano community.
Under no circumstances is any information on the Site to be taken as being or to be used for the provision of financial or investment advice. Nano.org does not issue, hold, or manage other people’s money. Nano.org is not an exchange. The Nano Foundation is not regulated nor subject to regulatory oversight in the United States or elsewhere.
To contact us, please email firstname.lastname@example.org.
How we may use your personal information
We may make changes to these terms
We amend these terms from time to time, at our sole discretion. Every time you wish to access our Site, please check these terms to ensure you understand the terms that apply at that time. We will change the “Last Revised” date at the top of these Terms when changes are made, which shall be effective immediately. Continued access of the Site by you will constitute your acceptance of any changes to the User Agreement.
We may make changes to our site
We may update and change our Site from time to time at our sole discretion and without notice.
Limits on permission to access or use the site
The Site is based in the United States. It is not designed, customized or intended for, or directed to, any other country. Those who choose to access, visit and/or use the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. We make no representation, warranty, covenant or guarantee that the Site, are appropriate, available, or legal in any particular geographic location.
The Site is intended for use by those who have attained the age of at least 18 years.
BY ACCESSING OR USING THE SITE YOU REPRESENT AND WARRANT THAT YOU HAVE NOT PREVIOUSLY BEEN SUSPENDED OR REMOVED FROM THE SITE. YOU REPRESENT AND WARRANT THAT YOU ARE NOT: (A) LOCATED IN, UNDER THE CONTROL OF, OR A NATIONAL OR RESIDENT OF ANY COUNTRY TO WHICH THE UNITED STATES HAS EMBARGOED GOODS OR SERVICES; (B) IDENTIFIED AS A “SPECIALLY DESIGNATED NATIONAL”, OR (C) ON THE COMMERCE DEPARTMENT’S DENIED PERSONS LIST. YOU FURTHER REPRESENT AND WARRANT THAT YOU WILL NOT USE THE SITE IF THE LAWS OF YOUR COUNTRY PROHIBIT YOU FROM DOING SO IN ACCORDANCE WITH THIS USER AGREEMENT.
If you breach, violate or act inconsistently with any part of this User Agreement, we may terminate, discontinue, suspend, and/or restrict your ability to access, visit, and/or use the Site or any portion thereof, and/or terminate this User Agreement, including without limitation any of our purported obligations hereunder, with or without notice, in addition to our other remedies. Further, we may limit, restrict, or refuse to provide you with any future access, visitation, and/or use of the Site or any other product or service we provide now or in the future. We reserve the right, in addition to our other remedies, to take any technical, legal, and/or other action which we deem necessary and/or appropriate, with or without notice, to prevent violations and to enforce this User Agreement and remedy any purported violations. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond, to stop or prevent a breach or violation of your obligations under this User Agreement.
How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
Do not rely on information on this site
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
In accordance with the Digital Millennium Copyright Act (DMCA), if you believe anything on the Site infringes upon any copyright which you own or control, or your intellectual property rights have been otherwise breached, please send a written takedown notice to us at email@example.com containing all of the following information as prescribed by United States Code (2011), title 17, chapter 5,section 512(c)(3)(A):
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work you claim is been infringed.
- Identification of the infringing material to be removed.
- Contact information, preferably an email address, that we can use to reach you.
- Your statement of good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- Your statement that the information in your notice is accurate.
- Your statement, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.
The Nano Forum
Please comply at all times with our Public Discourse Policy.
User-generated content is not approved by us
THIS SITE MAY INCLUDE INFORMATION AND MATERIALS UPLOADED BY OTHER USERS OF THE SITE, INCLUDING TO BULLETIN BOARDS AND CHAT ROOMS. THIS INFORMATION AND THESE MATERIALS HAVE NOT BEEN VERIFIED OR APPROVED BY US. THE VIEWS EXPRESSED BY OTHER USERS ON OUR SITE DO NOT REPRESENT OUR VIEWS OR VALUES.
How to file complaints about uploaded by other users
If you wish to file a complaint about content uploaded by other users, please contact us at firstname.lastname@example.org.
Uploading user content to our site
The Site includes an area (“forum.nano.org”) in which you or other users may create, post, send or store messages, materials, data, information, text, sound, photos, video, graphics, applications, code, links or other items or content on the Site (“User Content”). By using the Site, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Site any User Content which:
- is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent, false, misleading or otherwise objectionable;
- would constitute, encourage or provide instructions for a criminal offense, violate the rights of any person or that would otherwise create liability or violate any local, state, national or international law;
- may impinge upon the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual’s consent;
- may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of the Nano Foundation or any third party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
- impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; and/or
- in the sole judgment of the Nano Foundation, is objectionable or which restricts or inhibits any other person from using or enjoying the Forum and/or the Site, or which may expose the Nano Foundation to any harm or liability of any type.
You represent and warrant that any such contributed User Content from you does and will comply with the above standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving to us to use material you upload.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in this User Agreement.
You are solely responsible for securing and backing up your content.
We do not store terrorist content.
Rights you are giving us to use material you upload
Except as otherwise provided herein, on the Site or in a separate agreement from time to time we claim no ownership or control over any User Content. However, when you post User Content to the Site you grant Nano Foundation a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Site and on third-party sites. This license will terminate when you remove your User Content except that the license will continue with respect to any off-Site uses that have already been made and any cached or archived uses that may still exist when User Content is removed. By posting User Content, you hereby release Nano Foundation and its officers, agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content.
By posting User Content to the Site, you represent and warrant that: (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content or you otherwise have the right to post and use such User Content and to grant the rights to us that you grant in this User Agreement; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with this Site, does not, and will not, violate this User Agreement or any applicable law, rule or regulation.
YOUR FEEDBACK: You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding Nano, the Nano Foundation or the Site (together, “Feedback”) that are provided by you, whether by email, posting to the Site or otherwise, are non-confidential and will become the sole property of the Nano Foundation. Nano Foundation will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically disruptive or harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via any form of denial-of-service attack (distributed or otherwise) nor anything equivalent thereto or which may have a similar effect. By breaching this provision, you may be committing a criminal offence under the laws of one or more jurisdictions. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
Indemnity from you to Nano Foundation
You agree to indemnify, defend and hold harmless us from and against any and all Claims which may arise out of or are in any way connected with your access, visitation and/or use of the Site, your User Content, unauthorized use of User Content obtained on or through the Site, breach or alleged breach of this User Agreement, or from any of your acts or omissions in connection with the Site.
Disclaimer and limitation of liability
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
RESTRICTION: YOU MUST CONTACT US WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO ANY CLAIM BY YOU AGAINST THE NANO FOUNDATION, OR YOU WAIVE THE RIGHT TO PURSUE SUCH CLAIM.
AS AN OVERRIDING TERM (THE “OVERRIDING TERM”) WHICH TAKES PRECEDENCE IN THE EVENT OF CONFLICT WITH ANY OTHER TERM HEREUNDER, WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY TO YOU TO THE EXTENT BY WHICH IT WOULD BE UNLAWFUL FOR US TO DO SO. IF SUCH LAWS APPLY TO YOU, THE EXCLUSIONS OR LIMITATIONS IN THIS AGREEMENT THAT DIRECTLY CONFLICT WITH SUCH LAWS SHALL NOT APPLY TO YOU TO THAT LIMITED EXTENT, BUT OTHERWISE REMAIN IN FULL FORCE AND EFFECT. SUCH EXCLUSION MAY VARY DEPENDING ON WHETHER YOU ARE CLASSIFIED AS A CONSUMER OR A BUSINESS USER. THIS INCLUDES, FOR RELEVANT JURISDICTIONS, LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS, AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT ONLY TO THE OVERRIDING TERM:
- THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS.
- YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.
- THE NANO FOUNDATION DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- WE HEREBY EXCLUDE ALL IMPLIED CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS THAT MAY APPLY TO OUR SITE OR ANY CONTENT ON IT.
- WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE OR PRE-NOTIFIED TO NANO FOUNDATION AS BEING LIKELY, ARISING UNDER OR IN CONNECTION WITH:
- USE OF, OR INABILITY TO USE, OUR SITE; OR
- USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR SITE.
- IN PARTICULAR, WE WILL NOT BE LIABLE OR RESONSIBLE FOR:
- LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE;
- LOST OR DAMAGED DATA;
- BUSINESS INTERRUPTION;
- LOSS OF ANTICIPATED SAVINGS;
- LOSS OF OPPORTUNITY, GOODWILL OR REPUTATION;
- LITIGATION OR SIMILAR;
- ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE; OR SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, UNDER ANY LEGAL THEORY.
- YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
We may suspend or withdraw our site
Our Site is made available free of charge.
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and/or operational reasons. We will try to give reasonable notice of any suspension or withdrawal by placing a notice on the Site.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Which country’s laws apply to any dispute
You agree that the laws of the state of Delaware in the United States of America, without regard to conflict of laws provisions, will apply exclusively to this User Agreement and any dispute that may arise between you and the Nano Foundation or its affiliates.
How to manage any dispute?
You agree that in the event of any claim under or pursuant to this User Agreement, you will first contact us and make a good faith sustained effort to resolve the claim before resorting to more formal means of resolution.
Any dispute, controversy or claim arising out of or related in any way to this User Agreement which cannot be amicably resolved by the parties shall be solely and finally settled by arbitration administered by the American Bar Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall take place before a single arbitrator sitting in Delaware. The language of the arbitration shall be English. The arbitrator will be bound to adjudicate all disputes in accordance with the laws of the State of Delaware. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the parties. Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. This section provides the sole recourse for the settlement of any and all disputes arising out of, in connection with, or related to this User Agreement and all documents referenced herein.
WAIVER: The failure of the Nano Foundation to exercise or enforce any right or provision of this User Agreement shall not operate as a waiver of such right or provision. Any such waiver by the Nano Foundation must be in writing and signed by an authorized representative of the Nano Foundation.
SEVERABILITY: If any provision of this User Agreement is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this User Agreement and will not affect the validity and enforceability of any remaining provisions.
SURVIVAL: Sections 7 (Do not rely on information on our Site) 14 (Rights you are giving to us to use material you upload), 15 (We are not responsible for viruses and you must not introduce them), 17 (Indemnity from you to the Nano Foundation), 18 (Disclaimer and limitation of liability), 21 (Which country’s laws apply to any disputes?), 22 (How to manage any dispute) and 23 (General Terms), will survive any termination or expiration of this User Agreement.
Nano.org public discourse policy
Nano Foundation believes that a diverse community is best served by a free and open exchange of ideas. To ensure, at all times, that a robust and vibrant marketplace of ideas is maintained on our Site, we require all those who use our website to respect the limits set forth in this Policy. While we will endeavor to review any violations of this Policy on a case-by-case basis, we are a small organization and have finite resources to dedicate to reviewing communications that have been flagged for potential violations. Accordingly, there are occasions in which content will be removed under this Policy without explanation. We will endeavor to constantly improve upon the way in which we review the content on our Site.
If you believe that there is content on our website that violates our Public Discourse Policy please either use the flagging feature built into our website or email us with a link to the offensive content at: email@example.com.
- Be Respectful
- Be Tolerant
- Be clear about the context of your comments if there is a danger that they might be misunderstood
- Remember that what you write enters the public domain and may be archived and copied by others; so even a comment you delete could continue to reappear.
CONTENT RESTRICTIONS (subject to removal):
- Offensive material: Do not post any material that is profane, offensive, incendiary, misleading, abusive, obscene, harassing or would constitute hate speech. Take care not to intentionally make maliciously false statements that disparage others. Offensive material includes speech whose purpose is to incite others to act in violent or hateful way.
- Speaking on Behalf of Anyone but Yourself: Be clear that the views you express are yours and yours alone. Material falsely attributed to others or posted under usernames that suggest a legitimate connection to a person or entity other than yourself will not be tolerated.
- Nudity or sexual content: Do not post any material containing descriptions of sexual acts or depicting graphic sexual imagery.
- Threatening Behavior: Threats of serious physical harm or which may cause serious psychological harm made against a specific individual or a specific group of individuals will not be tolerated. Such threats may include violent words or depictions of tools of violence, including but not limited to firearms, knives, nooses or bombs.
- Advocating or Promoting Illegal Activities: Do not post material that advocates or promotes illegal or illicit material, including but not limited to descriptions, links, promotional materials or offers to buy, sell, or engage in the use of fraudulent services, acts of violence, illicit drugs, unlicensed gambling, counterfeit documents, or stolen credit card information.
- Copyrighted or Other Protected Material: Respect all copyright and other intellectual property, privacy, and publicity laws. Only post material which is properly licensed, owned or in the public domain, failing which the material is subject to removal.
- Viruses or Vulnerabilities: Do not encourage users to visit, download or use items that contain viruses or other vulnerabilities that would compromise a user’s security.
CHANGES TO POLICY
Nano Foundation reserves the right at any time to make changes, modifications, alterations and/or additions to this Policy.
QUESTIONS ABOUT POLICY
If you have any questions regarding this Policy, please contact us at firstname.lastname@example.org.