Updated and effective as of October 9, 2019
The Hydrogen Technology Corporation (together with its affiliates, “Hydrogen”, “we”, “us” or “our”) provides this web site (the “Site”) and the various services available through the Site, including, but not limited to, through Hydrogen’s APIs, dashboards, widgets, portals, related tools and applications (collectively, the “Hydrogen Services”) for informational purposes only.
The purpose of the Hydrogen Services is to help developers and enterprises worldwide quickly prototype, build, test, deploy and manage sophisticated financial technology platforms and applications. We cannot and do not warrant or guarantee the accuracy, timeliness, completeness, sequence or adequacy of any information used in the Hydrogen Services. We do request, however, that if you believe that any content on the Site (or used used/included in the Hydrogen Services) contains misappropriated content, or is otherwise in violation of any law, rule or regulation, that you notify us at [email protected]
Each and every transaction, idea, view, opinion and/or other information concerning any company, property, product, service, security, instrument or any other matter (collectively, “information”) submitted by a user for posting on the Site [or use in the Services] is solely that of the participant, and does not reflect any information of Hydrogen and/or its officers, employees, partners, suppliers and agents.
PERSONAL USE; REGISTRATION
You agree and understand that you are responsible for maintaining the confidentiality of your password and other log on information, including, but not limited to, any tokens or similar access credentials, which, together with your (log on) email address or username, allows you to access and use the Hydrogen Services. That email address/username and password, together with any mobile number, address, other contact information, or any other personal information you provide form your “Registration Information.”
By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the email or through a link to the appropriate page on our site, accessible through any standard internet browser.
If you become aware of any unauthorized use of your Registration Information, please notify us immediately at the email address [email protected].
The following payment terms are applicable to those users desiring to access Hydrogen’s Developer Plan ("Dev"). With regard to other Hydrogen Services, Hydrogen accepts, and various users pay, via means other than the payment methods described below. Those users that have established other payment methods with Hydrogen do not necessarily need to comply with the payment terms below.
You acknowledge and agree that you will provide Hydrogen and/or the Payment Processor with current, complete and accurate information for your Hydrogen account, and that you will update such information as required. You further acknowledge and agree that you will promptly notify us, Payment Processor and your Payment Provider if you become aware of any potential breach of security regarding your chosen payment method.
All API keys, tokens, and other similar Hydrogen-designed software are functionally designed solely for use on Hydrogen’s platform. No keys, tokens, or software, in any form acquired or received by you from Hydrogen are, or will be, a security, security offering, or investment product, as generally defined and construed by the laws and regulations of the United States. In the event you obtain software from Hydrogen, you will not be able to redeem the received software for cash, cryptocurrency, digital currency, or any other consideration. Hydrogen software does not, and will not, entitle you to any equity, governance, voting or similar right or entitlement in Hydrogen or in any of its affiliated entities. Hydrogen does not recommend you attempt to receive or use Hydrogen software unless you have prior experience with blockchain-based software, distributed ledger technology or cryptographic tokens. ANY TOKENS, API KEYS AND/OR OTHER SOFTWARE IN ANY FORM PROVIDED BY THE HYDROGEN TECHNOLOGY CORPORATION ARE TO BE USED BY DEVELOPERS AND/OR ENTERPRISES SOLELY TOGETHER WITH, OR ON, THE HYDROGEN PLATFORM. ANY SUCH SOFTWARE IN ANY FORM PROVIDED BY THE HYDROGEN TECHNOLOGY CORPORATION TO ANY RECEIVER OF SUCH SOFTWARE IS NOT TO BE SUBLICENSED OR SOLD TO A THIRD PARTY ABSENT A SEPARATE AND DISTINCT NAMED CONTRACTUAL AGREEMENT EXECUTED BY AND BETWEEN YOU AND THE HYDROGEN TECHNOLOGY CORPORATION.
A private key, or a combination of private keys, is necessary to control tokens provided to developers on the Hydrogen platform. Accordingly, loss of requisite private key(s) will result in loss of such tokens. Moreover, any third party that gains access to such private key(s), including by gaining access to login credentials of any third-party our proprietary service you may use, may be able to misappropriate your tokens. Any errors or malfunctions caused by or otherwise related to the any third-party our proprietary service to use tokens, including your own failure to properly maintain or use such services, may also result in the loss of your tokens. Additionally, your failure to follow precisely the procedures set forth in the following section AIRDROPS, including, for instance, if you provide the wrong public Ethereum address for receiving your tokens, may result in the loss of your tokens.
Hydrogen reserves the sole right to limit distribution of API keys and/or tokens to individuals from (i) nation states sanctioned by the Treasury Department’s Office of Foreign Asset Control, including but not limited to the Balkans, Belarus, Burma, Cote D’Ivoire, Cuba, Democratic Republic of Congo, Iran, Iraq, Liberia, North Korea, Sudan, Syria and Zimbabwe; (ii) nation states where concerns exist surrounding said state’s ability to protect the Company’s intellectual property, including China, Russia and Ukraine; or (iii) nation states with exceptionally broad securities laws and regulations, including Canada. Additionally, Hydrogen reserves the sole right to limit distribution of API keys and/or tokens to individuals using (i) masked or duplicate IP addresses; (ii) duplicate or invalid email addresses; (iii) duplicate Github addresses; (iv) duplicate passwords; (v) duplicate or invalid Ethereum addresses; (vi) incorrect or invalid first and last names; (vii) project submissions that don't qualify as technology development; or (viii) GitHub addresses which have been active for an exceedingly short period of time.
From time to time, developers on the Hydrogen platform may receive "airdrops." An airdrop is when free tokens are deposited into the Ethereum wallet address you provided when registering for the platform. It is your responsibility to check the accuracy of this address. Hydrogen will not be held liable for any loss or misuse of tokens or incorrect entry of wallet address.
To qualify to receive airdrops you must not violate any legal consideration listed above for any individual to receive API keys and/or tokens, and register on the Hydrogen website, provide your email address, confirm your GitHub developer account (www.github.com), and provide your public Ethereum address.
Airdrop tokens are provided for use within the Hydrogen platform for application developers only. They are not for resale, have no exchange for monetary value on Hydrogen, and have no implied value on a secondary exchange. You participate in Hydrogen airdrop at your own risk, and disclaim Hydrogen of any claims, real or other, from any legal action taken upon you through your use of the Hydrogen platform and issuance of Hydrogen tokens. By agreeing to these Terms, you agree that a Hydrogen airdrop does not represent an offer or solicitation to buy or sell securities, as defined by U.S. securities laws, and tokens are solely meant for development purposes on the Hydrogen platform.
DEVELOPER REFERRAL PROGRAM
The purpose of the Project Hydro Developer Referral Program ("Referral Program") is to grow the Project Hydro community of developers. In recognition of the active status of developers who refer others to the project, the referring developer may receive additional Hydro tokens. The purpose and sole use for these tokens is and shall be for the development of the Hydro Blockchain and associated technology development.
The Company, at its sole discretion and for any reason, reserves the right to reject referrals including but not limited to referrals for developers which are duplicative, or are for existing developers. Company reserves the right to terminate the Referral Program at any time at its sole discretion. Company also reserves the right to terminate anything obtained through the Referral Program at its reasonable discretion.
Developers who desire to participate in the Project Hydro Developer Referral Program (the “Referral Program”) must not violate any legal consideration listed above for any individual to receive API keys and/or tokens and refer at least 3 developers who meet the same criteria.
The purpose of the Referral Program is to encourage members of the Hydro developer community to introduce the platform to their colleagues, friends, business partners and/or other skilled, like minded developers. All participants in the Hydro platform must meet the Eligibility criteria above. In addition, participants should not: (1) use the Referral Program for any purpose that is unlawful or prohibited by these Terms; (2) sell Hydro tokens you receive for any such referral or (3) use the Referral Program to send altered, deceptive or false source-identifying information or spam, including but not limited to sending out junk emails with the referral link.
HYDROGEN BUILD PROGRAM
The purpose of the Hydrogen Build Program ("Build") is to provide startups (<50 employees) Hydrogen's platform to build financial applications for their customers. Each year up to 4 startups admitted to the Build program will be given the opportunity to pitch for up to $50,000 in Platform credits. This benefit is not guaranteed to any company that is admitted into the Build program. These credits will not be issued in the form of cash compensation and can only be redeemed for non cash benefits via Hydrogen partners such as design and development firms, consultants, and other professional services vendors. Hydrogen has the right to revoke any benefits derived from the Build program at its discretion at any time.
When using the Hydrogen Services, you must comply with all applicable laws, including without limitation, any applicable foreign or domestic regulatory body, national or other securities exchanges, including rules against making false or misleading statements to manipulate the price of a security. You will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the information or compile or collect any information as part of a database or other work, including but not limited to Hydrogen API keys, tokens or other software; (b) use any automated tool (e.g. robots, spiders) to use the Hydrogen Services or the Site or store, copy, modify, distribute, or resell any information; (c) rent, lease, or sublicense your access to the Hydrogen Services to another person; (d) use the Hydrogen Services for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Hydrogen Services; (f) use the Hydrogen Services in a manner that threatens their integrity, performance, or availability; (g) use the Hydrogen Services to disseminate or communicate in any way any information that would be considered “insider” or “non-public” information about any company or investment; or (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Hydrogen Services or the Site.
NO ADVICE, ENDORSEMENT OR SPECIAL RELATIONSHIP
Hydrogen is not providing investment, tax or legal advice, acting as a fiduciary or endorsing any company, property, product, service, security, instrument, or any other matter by posting any participant-submitted information on the Site or including in the Hydrogen Services. Hydrogen is not dispensing investment advisory, insurance advisory, financial planning, or other services on the Site or via the Hydrogen Services. We do not purport to tell people, or suggest to people what they should buy or sell for themselves. Neither Hydrogen nor any Hydrogen affiliate is responsible for any financial decision made by participants on the basis of using the Hydrogen Services. Participants should always read the corresponding prospectus, check with their licensed financial advisor and their tax advisor to determine the suitability of any financial product. Please conduct your own due diligence. Finally, the passage of time can render all information stale, and neither Hydrogen nor any Hydrogen affiliate is responsible for any misconceptions that may result from the reading of dated information.
All information posted by Hydrogen employees and/or affiliated persons, such as blog posts or other content, is designed purely for the entertainment of Hydrogen users. None of this information is designed to represent advice of any kind (as described in the preceding paragraph).
Any user may view the information included in the Hydrogen Services or posted on the Site for informational purposes only. No part of this information may be redistributed, copied, re-purposed or reproduced without our prior written consent. The information included in the Hydrogen Services or contained in the Site is subject to change without notice.
The information included in the Hydrogen Services or posted on the Site: (i) is not, and should not be deemed, an offer to sell, or a solicitation of an offer to buy, any securities or any other investments in any jurisdiction; (ii) should not be used by others in connection with any sale, offer for sale or solicitation of an offer to buy securities or any other investments, and (iii) is not a recommendation or opinion for you to participate in any transaction.
We shall have no liability for investment or other financial product decisions based upon any of this information and/or decisions based upon a contrarian view of any of this information. We specifically disclaim any and all liability or loss arising out of any action taken in reliance on this information, including but not limited to market value or other loss on the sale or purchase of any company, property, product, service, security, instrument, or any other matter.
Past performance may not be indicative of future investment results. Any investment involves potential risk, including potential loss of capital. Please consult your legal, tax and financial advisors in connection with any potential sale or purchase of any company, property, product, service, security, instrument, or anything else of any value.
Your use of the hyperlinks on the Site or otherwise included in any Hydrogen Services to other Internet sites is at your own risk. We are not responsible for third party sites hyperlinked from the Site or through the Hydrogen Services, nor do we make any endorsements or warranties, express or implied, with respect to the content of third party websites or the products or services offered on any third-party websites, including but not limited to accuracy, completeness, reliability, suitability, non-infringement, merchantability or fitness for a particular purpose. We do not warrant or represent that any third-party site or the content thereon, is devoid of viruses or other contamination. We do not guarantee the authenticity of documents available on the Internet. We reserve the right to terminate any link at any time.
You understand that all information, whether publicly posted or privately transmitted, is the sole responsibility of the participant from whom such information originated. This means that you, and not us, are entirely responsible for all information that you upload, post, email, transmit or otherwise make available to us, the Site or other users.
You agree to not use the Hydrogen Services to:
upload, post, email, transmit or otherwise make available any information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
impersonate any person or entity, including, but not limited to, a Hydrogen official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with any person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted by you;
upload, post, email, transmit or otherwise make available any information 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);
upload, post, email, transmit or otherwise make available any information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, post, email, transmit or otherwise make available any information that would be considered “non-public” or “insider” information about any company or investment;
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; and/or
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
You acknowledge the following: (i) we do not pre-screen or review participant-submitted information, but that we and our designees shall have the right (but not the obligation) in our and their sole discretion to pre-screen, refuse, move or remove any such information, (ii) we may monitor and record activity on the Site for any reason or for no reason, (iii) we may investigate any complaint or reported violation of our policies, and (iv) we may report any activity that we suspect may violate any law or regulation to regulators, law enforcement officials or other persons or entities that we deem appropriate.
YOUR INDEMNIFICATION OF HYDROGEN
DATA SUBMISSION AND RETRIEVAL FROM THIRD PARTY INSTITUTIONS
You may choose to provide us information that we will use to view your activity on other websites and at financial institutions such as brokerages and banks. Such information may include: account trade confirmations, account statements, account position and balance information, loan and credit information, real estate information, mortgage, hypothetical or “mock” trades and position information from other investment websites, and other related information from financial institution websites and other websites. In order to retrieve this information (“Client Information”), you may supply us with the credentials that you use to log into online portals at your financial institutions or at third-party API or technology providers; this may include usernames, passwords, PIN numbers, API keys, tokens, multifactor authentication questions and answers, one-time access PINs, and other related information (“Credentials”).
You agree that such Client Information and Credentials and the use of our data retrieval software in the context of Site usage is subject to the following terms:
Accurate Information: You, the end user, agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
Right to Share Information: You represent that you are entitled to submit your Credentials and other such information to Hydrogen for the uses described in this Section.
Proprietary Rights: You are permitted to use content delivered to you through the Site only on the Site. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the Hydrogen Services technology, including but not limited to, any Java applets associated with the Site.
Third Party Access: By using the Site, you authorize Hydrogen to access third-party sites and APIs designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant Hydrogen a limited power of attorney, and you hereby appoint Hydrogen as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN HYDROGEN ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, HYDROGEN IS ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the Hydrogen Services are not endorsed or sponsored by any third-party account providers accessible through the Hydrogen Services or the Site.
Feedback: You may from time to time identify problems, solutions to identified problems, provide suggestions, comments or other feedback related to the Hydrogen Services, the Site or otherwise relating to Hydrogen (“Feedback”) to Hydrogen. You acknowledge and agree that all Feedback is and shall be given entirely voluntarily and Hydrogen shall be free to use or disclose such Feedback for any purpose. You further acknowledge and agree that your Feedback does not contain confidential or proprietary information and you are not entitled to any compensation or reimbursement of any kind from Hydrogen under any circumstances relating to such Feedback.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE HYDROGEN SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE IN CONNECTION THEREWITH IS AT YOUR SOLE RISK. THE HYDROGEN SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HYDROGEN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE HYDROGEN SERVICES, INCLUDING BUT NOT LIMITED TO, ANY AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE THROUGH THE HYDROGEN SERVICES OR FROM THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.
HYDROGEN MAKES NO WARRANTY THAT (i) THE HYDROGEN SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE HYDROGEN SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HYDROGEN SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF THE HYDROGEN SERVICES OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH HYDROGEN SERVICES OR THE SITE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
NOTHING IN THIS AGREEMENT OPERATES TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY IMPLIED CONDITION, WARRANTY OR GUARANTEE, OR THE EXERCISE OF ANY RIGHT OR REMEDY, OR THE IMPOSITION OF ANY LIABILITY UNDER LAW WHERE TO DO SO WOULD: (A) CONTRAVENE THAT LAW; OR (B) CAUSE ANY TERM OF THIS AGREEMENT TO BE VOID.
REPRESENTATIONS AND WARRANTIES BY HYDROGEN PLATFORM USERS
By reading these Terms and Conditions and using the Hydrogen platform and/or software, you represent and warrant to Hydrogen on the date of such access or use as follows: (a) you agree and acknowledge that no information provided by Hydrogen’s website, social media or supporting documents constitutes a prospectus or offer document of any sort and are not intended to constitute an offer of securities or corporate equity in any jurisdiction or a solicitation for investment, and you are not bound to enter into any contract or binding legal commitment; (b) you agree and acknowledge that any receipt of Hydrogen software was accomplished solely for the purposes outlined on Hydrogen’s website, social media or supporting documents, and chiefly for the development of the Hydrogen platform; (c) you agree and acknowledge that Hydrogen tokens, API keys or other software do not constitute securities, or an investment in Hydrogen in any form and in any jurisdiction; (d) you agree and acknowledge that the undertaking and/or acquisition of Hydrogen software, or future dissemination of Hydrogen software via a secondary market shall not be construed, interpreted or deemed by you as an indication of the merits of Hydrogen, or Hydrogen software; (e) your receipt and/or use of Hydrogen software and the Hydrogen platform is not prohibited or restricted by applicable laws, regulations or rules of your jurisdiction; (f) you agree and acknowledge that in the case where you wish to receive Hydrogen software, in whatsoever form such software appears, that such software is not to be construed, interpreted, classified or treated as: a currency or commodity, debentures or shares issued by a person or entity, rights under a contract for differences or under any other contract the purpose or purported purpose of which is to secure a profit or avoid a loss, units in a collective investment scheme, units in a business trust, derivatives of units in a business trust, any other security or class of securities, or any other type of investment and (g) you have a basic degree of and understanding of the operation, functionality, usage, storage, transmission mechanisms and other material characteristics of blockchain-based software systems, smart contract technology and cryptocurrencies.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL HYDROGEN, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“HYDROGEN PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE HYDROGEN SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE HYDROGEN SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE HYDROGEN SERVICES.
A HYDROGEN PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID HYDROGEN FOR YOUR USE OF THE HYDROGEN SERVICES IN THE PRIOR THREE (3) MONTHS; AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS.
SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, THE HYDROGEN PARTIES’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY HYDROGEN TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT.
CHOICE OF LAW; JURISDICTION, UNENFORCEABILITY
YOU AND WE HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THIS WEBSITE.
We provide the Services from facilities in the United States. We do not claim, and we cannot guarantee that Services we provide from the United States are or will be appropriate or available for any other location or jurisdiction, comply with the Laws of any other location or jurisdiction, or comply with Laws governing export, import, or foreign use.
In the event that any provision of these terms is held unenforceable, the validity or enforceability of the remaining provisions will not be affected, and the unenforceable provision will be replaced with an enforceable provision that comes closest to the intention underlying the unenforceable provision.
Other agreements may apply to specific products and services offered through the Hydrogen Services. Agreements applicable to a specific product or service supersede these terms.
Section headings are for convenience only.
ONGOING DEVELOPMENT & COMPETITION
As with any technology product or website, elements of Hydrogen and the Hydrogen Services continue to be developed and may change from time to time. While no Hydrogen Services are guaranteed to be fully operational or accurate at any time, the ongoing development process may mean that services may be unavailable and under construction from time to time. By agreeing to participate as Hydrogen Services user, you acknowledge that functionality of the Hydrogen Services may be altered or removed, either in part or completely, at any time.
Furthermore, you represent to us that: (a) you are not currently employed or in any way affiliated with (or plan to be employed or in any way affiliated with) one of Hydrogen’s competitors in the API or fintech software business; (b) you will not distribute any information about Hydrogen, the Hydrogen Services or the Site, to any parties for the purposes of competition with Hydrogen or the Hydrogen Services; (c) engage in any competition with Hydrogen in any service currently offered by Hydrogen or offered at any time when you accessed or otherwise used the Hydrogen Services; (d) distribute any information about Hydrogen to any person in the media; or (e) publish any information about Hydrogen in any public medium, including but not limited to, other websites, blogs, newspapers, magazines, or television programs. If there is a conflict with any of the above areas, prior approval must be granted by Hydrogen in writing before you can use the Hydrogen Services or distribute the information described above.
TRADEMARKS; PROPRIETARY RIGHTS
The Hydrogen Services, the Site and the information included or otherwise reflected therein contain copyrighted material, trademarks and other proprietary information, including text, graphics and software. Hydrogen is the owner of the copyright in the Hydrogen Services and the Site, as well as the copyright in any information original to Hydrogen. Each participant, or other third-party provider of information, owns the copyright in the information original to it. Except as permitted under copyright law, you shall not copy, redistribute, publish or commercially exploit the Hydrogen Services, the Site, any portion of thereof or any of the information included or reflected therein without the express written consent of the respective owner(s) thereof.
Hydrogen’s trademarks (including any service marks) and logos are the property of Hydrogen. All other trademarks appearing in the Hydrogen Services or on the Site are the property of their respective owners. Nothing contained in the Hydrogen Services or on the Site should be construed as granting by implication, or otherwise, any license or right to use the trademarks or logos appearing in the Hydrogen Services or on the Site without the express written consent of the owner thereof.
COPYRIGHT PROTECTED MATERIALS
Hydrogen respects the intellectual property rights of others and expects that you do the same. It is our policy to terminate, in appropriate circumstances, the accounts of subscribers who infringe the copyrights of others. You may not upload, download, post, publish, transmit, reproduce, or distribute in any way, files, material, information, software or other material obtained through the Hydrogen Services or the Site that is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or other right holder. Hydrogen has the right, but not the obligation, to remove from the Hydrogen Services and/or the Site any files, material, information, software or other material Hydrogen believes is or may be, in its sole discretion, infringing or otherwise in violation of the rights of others.
Hydrogen takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this web site or the services available through this web site (the “Site”) infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you believe in good faith that your copyright has been infringed, please provide a written communication regarding such belief to:
Attn: Hydrogen Legal
The Hydrogen Technology Corporation
915 Broadway, Suite 801
New York, NY 10010
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address)
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.
If you believe in good faith that the copyright notice has been filed in error, please provide a written communication regarding such belief to:
Attn: Hydrogen Legal
The Hydrogen Technology Corporation
915 Broadway, Suite 801
New York, NY 10010
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
HYDROGEN PLATFORM RISK FACTORS
Hydrogen software products are not securities and are part of the Hydrogen platform. Hydrogen is not responsible for, nor does it pursue, the circulation and trading of Hydrogen software received by its users on any market.
Negative publicity involving Hydrogen, Hydrogen’s business platform, Hydrogen software or any of the key personnel of Hydrogen and/or regulation of distributed ledger technologies or cryptocurrencies may materially and adversely affect the perception or viability of the Hydrogen platform, whether or not so justified.
Distributed ledger technologies, businesses and activities are generally unregulated worldwide, but numerous regulatory authorities across jurisdictions have been outspoken about considering the implementation of regulatory regimes which govern distributed ledger technologies, business and activities. Hydrogen or Hydrogen software may be affected by newly implemented regulations relating to distributed ledger technologies, including having to take measures to comply with such regulations, or having to deal with queries, notices or requests for information, which may require modifications to Hydrogen’s business products and offerings. It is difficult to predict how or whether governments or regulatory authorities may implement any changes to laws and regulations affecting distributed ledger technology and its applications, including Hydrogen software, Hydrogen platform functionality, and/or future product offerings.
API keys, cryptographic tokens and other Hydrogen projects are based on new and dynamic technology. In addition to the risks included in the above discussion of risk factors, there are other unanticipated, unforeseeable risks associated with your receipt, holding and use of the Hydrogen software.
ELECTRONIC NOTICES AND DISCLOSURES
You acknowledge and agree that Hydrogen may provide notices and other disclosures to you electronically by posting such notices or other disclosures on the Site or by emailing it to you at any email address provided to Hydrogen by you. Such notices or other disclosures shall be considered received by you following the posting on the website or twenty-four (24) hours following the email being sent to you, as applicable. Any such electronic notice or other disclosure shall have the same effect and meaning as if it had been provided to you as a paper copy.