Terms of Use
1. The Parties
This site is operated by Horizen Labs Inc. ("Horizen"), a Delaware corporation. The products and services offered by Horizen, including, but not limited to, its websites, forums, help desks, documentation, software, wallets, platform, testnet, and hosting services (the "Services") may only be used for legal purposes. Some jurisdictions may impose limitations on the use of Services so users in those jurisdictions should consult with independent legal counsel before using the Services. By using the Services you accept these Terms of Use ("Terms") and the Services are offered subject to your acceptance, without modification, of all the Terms. Horizen reserves the right to post changes to the Terms at any time, and by your continued use of the Services thereafter, you agree to be bound by the new version of the Terms. If any changes to the Terms are not acceptable to you, you must stop your use of the Services. In these Terms, "User", "you" and/or "your" refers to each user of our Services. "ZEN" refers to the digital currency that can be used in conjunction with our Services.
2. Sites and Services
Horizen does not guarantee that access to or use of this website or any of the Services will be uninterrupted or error free, and Horizen shall not be liable for any feature not being accessible or for any unavailability of the Services. The Services may be expanded, limited or modified at any time by Horizen without advance notice or reason. Horizen may also, in its sole and absolute sole discretion, and at any time, discontinue providing, temporarily or permanently, any or all of the Services, without notice. To access some of the content or features of the Services, Users may need to enhance or update the hardware or software in their computer systems. Horizen assumes no responsibility for any failure to access the Services, partially or fully, whether due to the User's system, the Internet network or any other cause.
3. User Restrictions
User is granted permission to access, download and use the Services, provided that User shall:
- Not use the Services for any illegal or unauthorized purpose or beyond the scope of the Services expected use;
- Not intentionally interfere with the operation of the Services or with any other person's use of the Services;
- Not intentionally gain unauthorized access to the Services;
- Be solely liable for User's, including without limitation all of its employees, affiliates, consultants, and service providers, conduct, acts and omissions;
- Not hack the Services, Not create derivative works from the Services without Horizen's express consent to do so;
- Not remove or alter any copyright notices or other notices included in the Services;
- Not intentionally transmit any viruses, bugs, worms, or any other computer code of a destructive nature or that may harm a network, computer, server, hardware, software or telephone equipment using the Services;
- Not violate anyone else's legal rights (e.g. privacy rights) or any laws (e.g. copyright laws) in User's jurisdiction while using the Services;
- Use the Services in accordance with all applicable laws;
- Not use any unauthorized data mining, robots, or similar data gathering and extraction methods in connection with the Services;
- Not intentionally impose an unreasonable burden on the Services or network;
- Not breach, or attempt to breach, the security of the Services;
- Not use the Services or export the Services in violation of U.S. export laws and regulations; Not solicit any activity, unlawful or otherwise, that infringes Horizen's rights or the rights of any other party;
- Not enable others to violate any of these terms and conditions;
- and Be at least 18 years of age or older.
A violation of any of these Terms may result in the termination of User's ability to access or use the Services.
4. Horizen Proprietary Rights
These Terms do not transfer from Horizen to you any Horizen or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Horizen. "Horizen" and other Horizen graphics, logos, designs, page headers, button icons, scripts and service names are trademarks in the United States and other countries. Horizen's trademarks and trade dress, as well as third party trademarks, logos and service marks used in conjunction with the Services, may not be used in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Horizen. Your use of the Services grants you no right or license to reproduce or otherwise use any Horizen or third-party trademarks. To the extent Horizen elects to license its software you will be subject to the terms and conditions set forth herein, including but not limited to the User Restrictions in Section 3. Certain logos, such as those for the operating systems and platforms Horizen supports as well as those of our sponsors and partners are copyrighted by their owners. Horizen does not own those copyrights, and use of those copyrights is not permitted without their permission.
5. No Investment Advice
Horizen does not provide legal, tax, financial, or investment services. Since each User's situation is unique, a qualified professional should be consulted before making financial decisions. The Services do not constitute investment advice or a solicitation to buy, hold, invest in, own, or use ZEN. Horizen will not be responsible for any damages, claims, or losses arising from the use of ZEN, including the actions or inactions or events related to third parties, security problems during the use of any ZEN-related software or service, technical failures during the use of any ZEN-related software or service, software or data corruption problems during the use of any ZEN-related software or service, or user errors during the use of any ZEN-related software or service.
6. Content Limitations
Horizen makes no representations as to the accuracy, thoroughness or quality of the information presented to Users through the Services, which is provided only on an "AS-IS" and "AS AVAILABLE" basis at User's sole risk. Horizen shall not be responsible or liable for any errors, omissions or inaccuracies in the content. The information provided is neither comprehensive nor appropriate for every individual. Some of the information is relevant only in certain parts of the world, and may not be relevant to or compliant with the laws, regulations or other legal requirements of other countries. It is your responsibility to determine whether, how and to what extent your intended use of the Services will be technically and legally possible in the areas of the world where you intend to use them. You are advised to verify any information before using it for any personal, financial or business purpose. In addition, the opinions and views expressed in any forum post are solely those of the author(s) of the article and do not reflect the opinions of Horizen. The content may be modified at any time by Horizen, without advance notice or reason, and Horizen shall have no obligation to notify you of any corrections or changes to any content.
7. Responsibility of Contributors
You are entirely responsible for the content of, and any harm resulting from, any of your submissions posted or linked on our Services, whether legally or ethically. You represent that you have all necessary rights in and to the content you submitted and that the content does not infringe, violate, or misappropriate the rights of others, nor does the content you submit violate any applicable local, state, federal or international laws (including, but not limited to, applicable export laws). You agree that you will indemnify Horizen from all claims resulting from content you submit to any of the Services.
8. Inaccuracies
Information on the Services may contain typographical errors, inaccuracies or omissions. Horizen reserves the right to correct any such errors, inaccuracies or omissions and to change or update information, at any time without notice. Horizen does not make any commitment to update or correct the information presented to you.
9. Third Party Links
The Services may contain links to Third Party websites or resources. Horizen provides these links only as a convenience to you. Horizen has no control over such third party websites or the content thereof. User acknowledges and agrees that Horizen is not responsible or liable for: (1) the availability or accuracy of such websites or resources; (2) the content, products, or services on or available from such websites or resources; or (3) the protection of User's information or data on or on such linked third-party sites. Inclusion of any link does not imply any endorsement by Horizen of the website or resource and any use by you of such linked websites or resources is at your own risk. When you select a link, you may be leaving our Services. Third-party websites, products or services that may be accessible through the Services are not investigated, monitored or checked for accuracy or completeness by Horizen. Horizen is not responsible for and does not endorse any information, opinions, advice, products or services provided by such third-party websites, resources. Inclusion of any links does not imply any endorsement, affiliation, approval, association or sponsorship by Horizen of the linked websites, resources, their operators or owners. When you select a link, you may be leaving our Services. The information available on Third Parties' websites may have certain restrictions on its use or distribution which differ from these Terms.
10. Viruses and Malware
Horizen does not guarantee that files available for downloading will be free of infection or viruses or other code that may have contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for integrity, security and accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.
11. Password Protected Areas
Some Horizen Services may be password protected and available only to Users who are registered ("Password Protected Areas"). Registration requires Users to fully complete the account registration process. Horizen reserves the right to deny or revoke registration or access to Password Protected Areas for any User. Users are responsible for maintaining the security of the password they set. Horizen will not be liable for any loss or liability incurred as a result of an unauthorized person using a User's password.
12. Privacy
The Services may collect personal information from Users. Because Horizen respects the privacy of its Users and their personal information, it has established a Privacy Policy to describe what information it collects and how that information is used. Horizen's Privacy Policy can be found at https://www.horizenlabs.io/privacy/. If you elect to leave our Services via a third party link, including Horizen social media forums like YouTube, Reddit, Facebook etc., the terms and conditions (including privacy polices) of those sites may differ significantly from the Terms found herein.
13. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED "AS-IS." HORIZEN DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THE SERVICES, OR THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF ITS CONTENT, IN ANY WAY AND FOR ANY PURPOSE.
14. LIMITATION OF LIABILITY
IN NO EVENT WILL HORIZEN, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES EVEN IF HORIZEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ANY DIRECT DAMAGES THAT RESULT FROM: (1) THE USE OF, OR INABILITY TO USE, THE SERVICES; (2) THE PERFORMANCE OF THE SERVICES; OR (3) ANY FAILURE IN THE SERVICES. USER ASSUMES TOTAL RESPONSIBILITY FOR THE USE OF THE SERVICES. USER'S ONLY REMEDY FOR DISSATISFACTION WITH THE SERICES IS TO STOP USING THE SERVICES. IF, NOTWITHSTANDING THE TERMS HEREIN, HORIZEN IS FOUND LIABLE TO USER FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH USER'S USE OF THE SERVICES, HORIZEN'S LAIBLITY SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY USER TO HORIZEN DURING THE PREVIOUS TWELVE (12) MONTHS. IN ADDITION TO THE FOREGOING LIMITATIONS OF LIABILITY, USER AGREES THAT USER WILL NOT JOIN ANY CLAIM AGAINST HORIZEN WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO CLAIM USER HAS AGAINST HORIZEN SHALL BE RESOLVED ON A CLASS-WIDE BASIS; AND THAT USER WILL NOT ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY AGAINST HORIZEN ON BEHALF OF ANYONE ELSE.
15. EXCLUSION OF LIMITATIONS AND DISCLAIMERS
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS HORIZEN'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
16. Indemnification
User agrees to defend, indemnify, hold harmless and defend Horizen and its directors, officers, employees, contractors, agents, subsidiaries, affiliates, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys' fees and expert fees) due to, arising out of or relating in any way to User's use of, or access to, the Services.
17. Miscellaneous
a. These Terms and all matters arising out of or relating to these Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to any conflict of law provisions. Each party irrevocably agrees that any claim brought by it in any way arising out of the Services must be brought solely and exclusively in state or federal court located in Delaware, and each party irrevocably accepts and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in personam, generally and unconditionally, with respect to any action, suit, or proceeding brought by it or against it by the other party.
b. These Terms shall constitute the entire agreement between Horizen and User and contains all of the understandings and agreements of the parties in respect of the subject matter hereof. Any and all prior understanding and agreements, expressed or implied, between the parties hereto in respect of the subject matter hereof are superseded hereby. In the event any one or more of the terms or provisions contained herein shall be declared by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions herein shall not in any way be affected or impaired, except that, in such an event, these Terms shall be deemed revised in order to provide the party adversely affected by such declaration with the benefit of its expectation, evidenced by the provision(s) affected by such a declaration, to the maximum extent legally permitted.
c. No waiver of any breach of these Terms shall: (i) be effective unless it is in a writing which is executed by the party charged with the waiver, or (ii) constitute a waiver of a subsequent breach, whether or not of the same nature. All waivers shall be strictly construed. No delay in enforcing any right or remedy as a result of a breach of these Terms shall constitute a waiver thereof.
d. These Terms shall be binding upon and shall inure to the benefit of the parties hereto and their respective legal representatives, successors and permitted assigns. No right or remedy conferred by these Terms is exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time-to-time.
e. Any ambiguities herein will not be strictly construed against the drafter of the language concerned but will be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting. These Terms will not be construed against any party by reason of its preparation. In the event any suit or other action is commenced by Horizen to construe or enforce any provision of these Terms, in addition to all other amounts Horizen shall be entitled to receive from User, Horizen shall recover its reasonable attorneys fees and court costs.
Contact Information
If you have questions or concerns regarding this Terms, please e-mail them to [email protected]. Horizen is a Delaware corporation. Please send physical mail to:
Horizen Labs Inc.
501 Congress Av., Suite 150
Austin Texas 78071
USA
Last Reviewed: January 12, 2023