TERMS OF SERVICE
www.stellar.org is a website that may offer certain services (the “Services”), and is owned and operated by Stellar Development Foundation, a Delaware non-profit corporation (the “Company”). By accessing or using any of the Services or applications provided through this website, you expressly agree to be bound by the following terms and conditions of these Terms of Service. Company may modify these Terms of Service at any time, and such modification will be effective immediately upon either posting of the modified Terms of Service or notifying you by other means.
1. Use of Services
(a) You represent and warrant to Company that: (i) you are over the age of thirteen (13) have the power and authority and to comply with the terms of these Terms of Service and to perform your obligations under the terms of these Terms of Service; (ii) you will comply with all terms and conditions of these Terms of Service; (iii) you have provided and will provide accurate and complete registration information; and (iv) your use of the Services is in compliance with the laws of your jurisdiction.
(b) You expressly agree that you are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Services, as specified below.
(c) You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Company may undertake from time to time; or (iii) causes beyond the control of Company or which are not reasonably foreseeable by Company.
(d) You are solely responsible for your use of the Services, including all actions taken under your account or password. You may not, under any circumstances, do any of the following: (i) use the Services to defraud, threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (ii) cause repeated disruptive incidents; (iii) act, or fail to act, in your use of Services, in a manner that is contrary to applicable laws or regulations; (iv) provide false, inaccurate or misleading information; (v) scrape or collect information from the Stellar website [stellar.org] about others, including without limitation email addresses without proper consent; (vi) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Services or any other computer network; (vii) disseminate, store or transmit viruses, scareware, trojan horses or other malicious code or program; (viii) use the services to engage in or support any phishing, spoofing or similar attack (ix) use the Services to engage in or support fraudulent and/or criminal activity; (x) engage in any other activity deemed by the Company to be in conflict with the spirit or intent of these Terms of Service.
2. Proprietary Rights
The main Services run on software which is open source and freely distributable:
The source code for the wallet software is available for free download at https://www.github.com/stellar/stellar-client, and you may, use, modify and redistribute it, subject to the terms of the ISC open source license. Likewise, the Stellar protocol, the protocol which the cryptocurrency is based on, is also open source, and available at https://www.github.com/stellar.
Our trademarks, including but not limited to, Stellar are proprietary, and you are not being granted any rights to use them.
4. Termination of Services
Company, in its sole discretion, reserves the right (a) to terminate any user account if such user is violating these Terms of Service, or any applicable laws and regulations; (b) to remove or disable access to all or any portion of the Services; (c) to suspend any user’s access to or use of all or any portion of the Services; and (d) to remove any content from Company’s servers at any time, with or without notice, for any or no reason. If you have any funds remaining in your account at the time that the Company informs you that your account has been or will be terminated, you will have a period of ninety (90) days to withdraw such funds unless prohibited by applicable law or a court order.
Company reserves complete and sole discretion with respect to the operation of the Services. Company may, among other things, withdraw, suspend or discontinue any functionality or feature of the Services, promotional campaigns, or the applications used to access the Services.
The Service is controlled and operated from facilities in the United States. The Company does not make any representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States, foreign and local laws and regulations, including but not limited to export and import regulations. You may not use the Service from a country embargoed by the United States, or if you are a person or entity blocked or denied by the United States government.
5. Disclaimer of Warranties
THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICES.
Furthermore, Company disclaims (a) any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or availability or operability of information or materials displayed on the Services, or the Company website or any of its subpages; (b) any and all responsibility for the conduct of any user of the Services; (c) any and all responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Service, the Company website or any of its subpages; (d) any and all responsibility for any financial gains, losses or tax consequences associated with the your use of the Services and the associated cryptocurrency.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, ACCURATE, RELIABLE OR WILL IN ANYWAY MEET YOUR REQUIREMENTS OR EXPECTATIONS.
THE COMPANY IS NOT ACTING AND CANNOT ACT AS YOUR ADVISOR WITH RESPECT TO ANY FINANCIAL, LEGAL, INVESTMENT OR TAX MATTERS. ANY INFORMATION PROVIDED BY THE COMPANY IS FOR GENERAL INFORMATION ONLY, AND YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER OR NOT TO USE THE SERVICES. YOU ACKNOWLEDGE THAT THE SERVICE MAY BE SUBJECT TO EXPORT RESTRICTIONS AND ECONOMIC SANCTIONS IMPOSED BY US LAW.
6. Limitation of Liability; Indemnification
UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE SERVICE, THE USE OF THE CRYPTOCURRENCY, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SERVICES; ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THE SERVICES; ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA; ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICES; OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF TORT OR OTHERWISE, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON COMPANY OR THE SERVICES, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
YOU AGREE TO HOLD HARMLESS AND INDEMNIFY COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY ACTION, CAUSE CLAIM, SUIT, JUDGMENT, DAMAGE (ACTUAL AND CONSEQUENTIAL), DEBT, DEMAND, EXPENSE OR LIABILITY (INCLUDING REASONABLE COSTS AND ATTORNEY’S FEES) OF EVERY KIND AND NATURE, ASSERTED BY ANY PERSON, ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICES, THE CRYPTOCURRENCY OR COMPANY WEBSITES.
7. Term and Termination
These Terms of Service are effective as of the time you first access the Services, and shall continue in full force and effect until terminated as set forth herein. Subject to Section 4, you may terminate your access of or your use of the Services at any time. In the event you have registered for an account to use the Service, once you terminate your membership, you shall have no further rights or privileges to use the Services. The terms of Sections 2, 5, 6, 7, and 8 shall survive any termination or expiration of these Terms of Service.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California. You agree that any legal action or proceeding between Company and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in the City and County of San Francisco, California, United States. No waiver of any term, provision or condition of these Terms of Service, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. These Terms of Service constitutes the complete and exclusive statement of the agreement between the parties with respect to the Services and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Services. If any action in law or in equity is necessary to enforce the terms of these Terms of Service, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled. The provisions of these Terms of Service are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof. No provisions of these Terms of Service are intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any user, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between the parties to these Terms of Service. Company may assign its rights and duties under these Terms of Service to any party at any time without notice to you.