The following terms and conditions govern all use of the hypercerts.org and hypercerts.xyz websites (the “Websites”) and all content, software and products available at or through the Website, including the creation, redemption, and display of hypercerts tokens using code available within the repositories of https://github.com/hypercerts-org (“hypercerts” or the “Platform”).
Please read these terms carefully. If you don’t agree to all of these terms and conditions (“Terms” or “TOS”), you are prohibited from using or accessing these Websites or using the Platform.
The Hypercert Foundation (“we,” “us”) may make changes to these Terms from time to time. Your continued use of or access to the Websites or the Platform following the posting of any changes to the Terms constitutes acceptance of those changes. If you don’t agree to these revisions, you should stop using the Websites and Platform.
Redemption of hypercerts
Hypercerts constitute an experimental, discretionary platform to incentivize funding of public goods – this is not a competition. You acknowledge that, at this time, hypercerts are non-transferrable and cannot be traded for value.
We may discontinue providing the Platform at any time, and there is no guarantee that your use of the Platform will result in any reward. If you become eligible for a reward or payment, you may need to provide us with additional information and/or agree to additional terms and conditions.
You are responsible for any expenses that may become due because of your use of the Platform, including in connection with accepting or receiving a reward. Your receipt and use of any reward payment may have significant tax consequences, and you are solely responsible for any taxes due as a result of any reward / payment. You acknowledge and agree that we may (in our sole discretion) be required to withhold taxes from some rewards or payments and that we may be required to report payments you receive through the Platform to the relevant tax authorities. You also acknowledge that you may be required to provide additional information if you choose to request a copy of any applicable documentation related to any such tax withholding, rewards or payment information that is reported to the relevant tax authorities. You also acknowledge that it’s your obligation, if you so desire, to seek independent counsel to determine the full extent of your tax liability under applicable laws and regulations. Nothing on the Websites or within the Platform constitutes tax advice.
To receive any rewards, you must provide a crypto wallet address that has been whitelisted by the relevant project you’re claiming a hypercert for. You represent and warrant that you are authorized to receive any rewards via the wallet details you provide to us. You may not claim a reward if: you reject your reward; you do not provide the required information for reward delivery; or if you do not comply with the rules and requirements herein.
The offer or payment of any reward through the Platform does not constitute an offer of employment or any similar legal relationship between you and any other entity, including us.
If you are on any U.S. or E.U. sanctions list, or residing in any U.S. or E.U.-sanctioned region, you may not use the Websites or Platform and will not be eligible for any reward or payment.
Creation/Minting of hypercerts
If you use the Websites or Platform to create or mint hypercerts, you are entirely responsible for all data you send or cause to be sent through the Websites or Platform (“Content”) - and you’re also responsible for any harm resulting from that Content.
For your own protection and the protection of the network & community, you may not use the Websites or Platform for activities related to:
1) Scams and Spam - Don’t use the Platform for fraudulent, deceptive, or harmful purposes like:
- Tricking or misleading users, such as by misrepresenting the nature of a project requiring funding, or by impersonating other people or companies;
- Posting or distributing spam.
2) Infringing Others’ Rights - Don’t use the Platform in a way that violates the rights of others, such as:
- Copyright, patent, trademark or trade secret rights;
- Privacy and publicity rights.
3) Other Harmful and Unlawful Purposes - Don’t use the Platform to:
- Issue securities or fractional equity interests;
- Confer rights to any income-generating assets;
- Promote or solicit unlawful services or unlawful obscene material
- Incite violence or threaten others
- Promote or distribute child sexual abuse material or content encouraging or inciting terrorism
- Act in a way that’s reasonably likely to cause or increase the risk of harm to any person(s) or group(s).
We have the right (but not the obligation) to, in our sole discretion, (i) refuse, remove, or disable any Content or (ii) temporarily or permanently suspend access to the Platform if we determine you’ve breached the TOS in any way. We will not have any obligation to compensate you if this occurs.
All information listed on a project’s page, including the names and/or addresses of project contributors you upload, will be publicly available on the Websites. You agree to obtain permission from project contributors before listing their names or addresses within a project.
Disclaimer of Warranties
The Platform is provided “as is” without any express or implied warranties such as the warranties of merchantability, fitness for a particular purpose and non-infringement. We don’t make any warranty that the Platform will be error-free or reliable, or that you’ll have continuous, uninterrupted access to the Platform.
You understand that you use the Platform at your own discretion and risk. You also understand and agree that you may incur transaction fees when interacting with blockchains via our Platform.
We have not reviewed - and cannot review - all of the third-party websites and webpages to which our websites link, or third-party websites that link to our websites. We do not have any control over those third-party websites and webpages and are not responsible for their contents (including computer software) or your use of those third-party websites. We do not represent or imply that we endorse the content on those third-party websites
Limitation of Liability
To the extent permitted by law, our liability for any claims relating to or arising out of these Terms, including for any implied warranties, is limited to the amount you’ve paid us to use the Platform within the past (6) months, if anything.
We will not be liable to you for any lost profits or other special, incidental or consequential damages related to or arising out of the Platform, such as (a) the cost of procuring substitute products or software; (b) for software interruptions, loss of files, or data corruption.
General Representation and Warranty
You must follow all applicable laws when using our Platform, including laws regarding the transmission of technical data exported from the country in which you reside and in which the Platform you are using resides. You agree that your use of the Platform will not infringe on any third party’s intellectual property rights.
To the extent allowed by applicable law, you’ll indemnify us and our directors, officers, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the Platform or violation of these Terms.
These Terms constitute the entire agreement between you and us concerning the Websites and Platform.
California law will govern all disputes arising out of or relating to these terms, regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts of San Francisco County, California, USA, and you consent to personal jurisdiction in those courts.
If it turns out that a particular term is not valid or enforceable, this will not affect any other terms.
Our failure to enforce a provision is not a waiver of its right to do so later.
You may not assign any of your rights under these Terms without our prior written consent. Any other attempt to assign your rights under the Terms is void. We may assign our rights under these Terms to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Platform.
In order to use the Platform you must be 13 years of age or older. If you are 13 or older but under 18 years of age, you must have your parent or legal guardian’s permission to use the Services and to accept the terms of this TOS.
This document is CC-BY-SA. It was last updated February 03, 2023.