TERMS OF SERVICE
Effective: January 21, 2025
Terms of Service and Binding Agreement
These Terms of Service are a binding contract between you, an individual user or site visitor, whether personally or on behalf of an entity (“you,” or “your”) and Canopy Network Labs, Inc., a Delaware corporation (“Canopy,” “we,” “us,” or “our”) concerning the use of Canopy’s services (our “Service”). These Terms of Service along with any documents they incorporate by reference (collectively, these “Terms”), govern your access to and use of any website published by Canopy, including, but not limited to, any content, functionality, and services offered on or through canopynetwork.org (the “Site”). All information we collect on the Site is subject to our Privacy Policy. These Terms incorporate herein by reference our Privacy Policy as found here: www.canopynetwork.org/privacy-policy. Please read these Terms carefully before you start to use the Site and keep a copy of them for your reference. Please also note that there may be specific terms or conditions applicable to you as a user in a given jurisdiction, as detailed below.
BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SERVICE OR SITE.THESE TERMS OF SERVICE CONTAIN AN ARBITRATION CLAUSE THAT REQUIRES DISPUTES TO BE ARBITRATED ON AN INDIVIDUAL BASIS AND PROHIBITS CLASS ACTION CLAIMS. IT AFFECTS HOW DISPUTES BETWEEN YOU AND CANOPY ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.Additional terms and conditions may apply to specific portions, services, or features of the Site, including the registration and sponsorship for conference events. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use. In the event of terms that are directly conflicting between these Terms of Use and terms of conditions for the registration or sponsorship of a conference event, the terms and conditions for the event shall control.
Who May (Or May Not) Use Our Site and Service
Our Service is intended for users who are at least 18 years old. You agree that by using the Site and our Service you are at least 18 years of age and legally able to enter into a contract. Further, you agree to be fully responsible for the acts or omissions in relation to our Service. If you use the Site on behalf of another person or entity, (i) all references to “you” throughout the Terms will include that person or entity; (ii) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf; and (iii) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us. If you do not meet these requirements, you are prohibited from accessing or utilizing our Service and Site.By using our Service, you represent, warrant, agree, and acknowledge that (a) the Office of Foreign Assets Control of the United States Treasury Department does not list you as a specially designated national and/or blocked person; (b) the Bureau of Industry and Security of the United States Department of Commerce does not list you on its denied persons list or lists of parties of concern; (c) neither you, the country you are located in, or persons connected to you, are on any similar list promulgated by an official agency or department of the United States government, the United Nations Security Council, the European Union, or the United Kingdom’s Office of Financial Sanctions Implementation; (d) you are not the subject of sanctions administered or enforced by the United States (including without limitation the U.S. Department of the Treasury’s Office of Foreign Asset Control), the United Kingdom, the European Union, or any other governmental authority; and (e) you are not organized in or resident of a country or territory that is the subject of country-wide or territory-wide sanctions implemented by any of the foregoing.
Your Responsibility
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.Where applicable, by using our Service you acknowledge that you are responsible for maintaining the confidentiality of your credentials and are fully responsible for any and all activities that occur under your credentials. Further, as between Canopy and you, you will be solely responsible for your applications (“Your Apps”), including their development, operation, maintenance, and all related content and materials. You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“Content”) that you make available to Canopy, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Site or Your Apps or by emailing or otherwise making available to other users of the Site.Canopy reserves the right to investigate and take appropriate legal action against anyone who, in Canopy’s sole discretion, violates this provision, including reporting the violator to law enforcement authorities. You agree to not use our Service or Your Apps:In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);In any way that infringes any confidentiality obligations, or intellectual property or other proprietary rights of any party;In any way that furthers or promotes any criminal activity or enterprise or provide instructional information about illegal activities;For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, soliciting personal information, or otherwise;To send, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms;To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;To transmit, or procure the sending of, software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;To seek to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including the deployment of viruses and denial of service attacks.To impersonate or attempt to impersonate Canopy, a Canopy employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing) or engage in any activity that seeks to defraud us or any other person or entity, including providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another; To copy or monitor any of the material on the Sites including but not limited to any manual process, robot, spider, or other automatic device, process, or means;To engage in any other conduct that, in the sole judgement of Canopy, restricts or inhibits anyone’s use or enjoyment of the Site, or which may harm or expose to liability Canopy, other users, or the public; andIn any way that is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable in the sole judgement of Canopy.RelianceAny information we present on our Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents.If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We reserve the right to withdraw linking permission without notice.The Sites may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Canopy, are solely the opinions and responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Canopy. We are not responsible, or liable to you, or any third party, for the content or accuracy of any materials provided by any third parties.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from our Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT.YOUR USE OF THE SITE, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CANOPY NOR ANY PERSON ASSOCIATED WITH CANOPY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER CANOPY NOR ANYONE ASSOCIATED WITH CANOPY REPRESENTS OR WARRANTS THAT THE SITE, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF WARRANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT ENTIRELY APPLY TO YOU BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL CANOPY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW WHICH MAY INCLUDE FRAUD.BY ACCESSING AND USING OUR SERVICE, YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND THE INHERENT RISKS ASSOCIATED WITH USING CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS, AND THAT YOU HAVE A WORKING KNOWLEDGE OF THE USAGE AND INTRICACIES OF DIGITAL ASSETS, SUCH AS THOSE FOLLOWING THE ETHEREUM TOKEN STANDARD (ERC-20) AND BRIDGING ACROSS DIFFERENT BLOCKCHAIN SOLUTIONS. YOU FURTHER UNDERSTAND THAT THE MARKETS FOR THESE DIGITAL ASSETS ARE HIGHLY VOLATILE DUE TO VARIOUS FACTORS, INCLUDING ADOPTION, SPECULATION, TECHNOLOGY, SECURITY, AND REGULATION. YOU ACKNOWLEDGE AND ACCEPT THAT THE COST AND SPEED OF TRANSACTING WITH CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS ARE VARIABLE AND MAY INCREASE DRAMATICALLY AT ANY TIME. YOU FURTHER ACKNOWLEDGE AND ACCEPT THE RISK THAT YOUR DIGITAL ASSETS MAY LOSE SOME OR ALL OF THEIR VALUE, YOU MAY SUFFER LOSS DUE TO THE FLUCTUATION OF PRICES OF TOKENS IN A TRADING PAIR OR LIQUIDITY POOL, AND, ESPECIALLY IN EXPERT MODES, EXPERIENCE SIGNIFICANT PRICE SLIPPAGE AND COST. YOU UNDERSTAND THAT ANYONE CAN CREATE A TOKEN, INCLUDING FAKE VERSIONS OF EXISTING TOKENS AND TOKENS THAT FALSELY CLAIM TO REPRESENT PROJECTS, AND ACKNOWLEDGE AND ACCEPT THE RISK THAT YOU MAY MISTAKENLY TRADE THOSE OR OTHER TOKENS. YOU FURTHER ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY OF THESE VARIABLES OR RISKS AND CANNOT BE HELD LIABLE FOR ANY RESULTING LOSSES THAT YOU EXPERIENCE WHILE ACCESSING OR USING OUR SERVICES. ACCORDINGLY, YOU UNDERSTAND AND AGREE TO ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING OUR SERVICE.
Indemnification
You hereby agree to defend, indemnify, and hold Canopy harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of our Service; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) any overt harmful act toward any other user of our Service with whom you connected via our Service; or (6) any breach of, or failure to comply with, applicable law. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Governing Law and Jurisdiction
These Terms will be governed by the laws of Delaware without regard to any conflict of law provisions. Additionally, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms, or the use of our Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.Canopy’s failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Dispute Resolution
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Canopy and limits the manner in which you can seek relief from us. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
You and Canopy agree that any dispute arising out of or related to these Terms (or our Service) is personal to you and Canopy and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action, or any other type of representative proceeding.You waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms and our Services, including claims related to privacy and data security resolved in court. Further, you hereby waive all rights to participate in any class action lawsuit or class wide arbitration against Canopy. Instead, any dispute arising out of or related to these Terms, as well as any issue on its validity and existence, shall be referred to and exclusively resolved by final and binding arbitration conducted in accordance with the then-current Comprehensive Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services (“JAMS”). The arbitration will be conducted by a single arbitrator selected by agreement of you and Canopy or, if you and Canopy cannot agree, an arbitrator appointed in accordance with the JAMS rules who shall be experienced in the type of dispute at issue. You and Canopy, their representatives, the arbitrator, and other participants shall keep confidential the existence, content, and result of the arbitration. Any demand for arbitration and any counterclaim must specify in reasonable detail the facts and legal grounds forming the basis for the claimant’s claims and include a statement of the total amount of damages claimed, if any, and any other remedy sought by the claimant. The arbitration will be conducted in the English language; the location of such arbitration shall be in Delaware. Each party will bear its own costs in the arbitration. The arbitrator will have full power and authority to determine issues of arbitrability and to interpret or construe the provisions of the agreement documents and to fashion appropriate remedies (including temporary, preliminary, interim, or permanent injunctive relief); provided that the arbitrator will not have any right or authority: (i) in excess of the authority that a court having jurisdiction over the parties and the dispute would have absent this arbitration agreement; or (ii) to award damages in excess of the types and limitation of damages found in the agreement. Judgment upon the award may be entered in any court of competent jurisdiction. Notwithstanding the agreement to arbitrate, each party may apply at any time to a court of competent jurisdiction for appropriate injunctive relief or for other interim or conservatory measures, and by doing so will not breach or waive the agreement to arbitrate or impair the powers of the arbitrator.
Assignment
We reserve the right to assign our rights without restriction, including without limitation to any Canopy affiliates or subsidiaries, or to any successor in interest of any business associated with the service. In the event that Canopy is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. You may not assign any rights and/or licenses granted under these terms. Any attempted transfer or assignment by you in violation hereof shall be null and void. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Force Majeure
We will not be liable or in default hereunder by reason of any failure or delay in the performance of its obligations or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, interruption in telecommunications or internet services or network provider services, pandemic, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
Miscellaneous
The section titles in these Terms are for convenience only and have no legal or contractual effect.As used in these Terms, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.”We may update the content on the Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.Notices to you may be made via either email or regular mail. Our Service may also provide notice to you of changes to these Terms or other matters by displaying notices or links to notices on our Service.These Terms shall be exclusively interpreted in accordance with the English language and the meaning of its terms. Should a translation of these Terms deviate from the English language version, only the English language version shall apply and be binding.Not all our Service discussed or referenced on this Site, or these Terms, are available to all persons or in all geographic locations or jurisdictions. In addition, not all persons may be able to participate in promotions made available through our Service. We reserve the right to limit the availability of our Services to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion.
DMCA
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on our Site infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there are penalties for false claims under the DMCA.Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:
Canopy Network Labs, Inc.
850 New Burton Road,
Suite 201, in the City of Dover, County of Kent, Zip Code 19904.
Contact Us
Please contact us at legal@canopynetwork.org to report any violations of these Terms, to pose any questions regarding these Terms or our Service, and all other feedback, comments, requests for technical support, and other communications relating to the Site.
Terms of Service and Binding Agreement
These Terms of Service are a binding contract between you, an individual user or site visitor, whether personally or on behalf of an entity (“you,” or “your”) and Canopy Network Labs, Inc., a Delaware corporation (“Canopy,” “we,” “us,” or “our”) concerning the use of Canopy’s services (our “Service”). These Terms of Service along with any documents they incorporate by reference (collectively, these “Terms”), govern your access to and use of any website published by Canopy, including, but not limited to, any content, functionality, and services offered on or through canopynetwork.org (the “Site”). All information we collect on the Site is subject to our Privacy Policy. These Terms incorporate herein by reference our Privacy Policy as found here: www.canopynetwork.org/privacy-policy. Please read these Terms carefully before you start to use the Site and keep a copy of them for your reference. Please also note that there may be specific terms or conditions applicable to you as a user in a given jurisdiction, as detailed below.
BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SERVICE OR SITE.THESE TERMS OF SERVICE CONTAIN AN ARBITRATION CLAUSE THAT REQUIRES DISPUTES TO BE ARBITRATED ON AN INDIVIDUAL BASIS AND PROHIBITS CLASS ACTION CLAIMS. IT AFFECTS HOW DISPUTES BETWEEN YOU AND CANOPY ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.Additional terms and conditions may apply to specific portions, services, or features of the Site, including the registration and sponsorship for conference events. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use. In the event of terms that are directly conflicting between these Terms of Use and terms of conditions for the registration or sponsorship of a conference event, the terms and conditions for the event shall control.
Who May (Or May Not) Use Our Site and Service
Our Service is intended for users who are at least 18 years old. You agree that by using the Site and our Service you are at least 18 years of age and legally able to enter into a contract. Further, you agree to be fully responsible for the acts or omissions in relation to our Service. If you use the Site on behalf of another person or entity, (i) all references to “you” throughout the Terms will include that person or entity; (ii) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf; and (iii) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us. If you do not meet these requirements, you are prohibited from accessing or utilizing our Service and Site.By using our Service, you represent, warrant, agree, and acknowledge that (a) the Office of Foreign Assets Control of the United States Treasury Department does not list you as a specially designated national and/or blocked person; (b) the Bureau of Industry and Security of the United States Department of Commerce does not list you on its denied persons list or lists of parties of concern; (c) neither you, the country you are located in, or persons connected to you, are on any similar list promulgated by an official agency or department of the United States government, the United Nations Security Council, the European Union, or the United Kingdom’s Office of Financial Sanctions Implementation; (d) you are not the subject of sanctions administered or enforced by the United States (including without limitation the U.S. Department of the Treasury’s Office of Foreign Asset Control), the United Kingdom, the European Union, or any other governmental authority; and (e) you are not organized in or resident of a country or territory that is the subject of country-wide or territory-wide sanctions implemented by any of the foregoing.
Your Responsibility
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.Where applicable, by using our Service you acknowledge that you are responsible for maintaining the confidentiality of your credentials and are fully responsible for any and all activities that occur under your credentials. Further, as between Canopy and you, you will be solely responsible for your applications (“Your Apps”), including their development, operation, maintenance, and all related content and materials. You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“Content”) that you make available to Canopy, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Site or Your Apps or by emailing or otherwise making available to other users of the Site.Canopy reserves the right to investigate and take appropriate legal action against anyone who, in Canopy’s sole discretion, violates this provision, including reporting the violator to law enforcement authorities. You agree to not use our Service or Your Apps:In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);In any way that infringes any confidentiality obligations, or intellectual property or other proprietary rights of any party;In any way that furthers or promotes any criminal activity or enterprise or provide instructional information about illegal activities;For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, soliciting personal information, or otherwise;To send, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms;To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;To transmit, or procure the sending of, software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;To seek to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including the deployment of viruses and denial of service attacks.To impersonate or attempt to impersonate Canopy, a Canopy employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing) or engage in any activity that seeks to defraud us or any other person or entity, including providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another; To copy or monitor any of the material on the Sites including but not limited to any manual process, robot, spider, or other automatic device, process, or means;To engage in any other conduct that, in the sole judgement of Canopy, restricts or inhibits anyone’s use or enjoyment of the Site, or which may harm or expose to liability Canopy, other users, or the public; andIn any way that is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable in the sole judgement of Canopy.RelianceAny information we present on our Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents.If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We reserve the right to withdraw linking permission without notice.The Sites may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Canopy, are solely the opinions and responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Canopy. We are not responsible, or liable to you, or any third party, for the content or accuracy of any materials provided by any third parties.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from our Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT.YOUR USE OF THE SITE, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CANOPY NOR ANY PERSON ASSOCIATED WITH CANOPY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER CANOPY NOR ANYONE ASSOCIATED WITH CANOPY REPRESENTS OR WARRANTS THAT THE SITE, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF WARRANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT ENTIRELY APPLY TO YOU BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL CANOPY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW WHICH MAY INCLUDE FRAUD.BY ACCESSING AND USING OUR SERVICE, YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND THE INHERENT RISKS ASSOCIATED WITH USING CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS, AND THAT YOU HAVE A WORKING KNOWLEDGE OF THE USAGE AND INTRICACIES OF DIGITAL ASSETS, SUCH AS THOSE FOLLOWING THE ETHEREUM TOKEN STANDARD (ERC-20) AND BRIDGING ACROSS DIFFERENT BLOCKCHAIN SOLUTIONS. YOU FURTHER UNDERSTAND THAT THE MARKETS FOR THESE DIGITAL ASSETS ARE HIGHLY VOLATILE DUE TO VARIOUS FACTORS, INCLUDING ADOPTION, SPECULATION, TECHNOLOGY, SECURITY, AND REGULATION. YOU ACKNOWLEDGE AND ACCEPT THAT THE COST AND SPEED OF TRANSACTING WITH CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS ARE VARIABLE AND MAY INCREASE DRAMATICALLY AT ANY TIME. YOU FURTHER ACKNOWLEDGE AND ACCEPT THE RISK THAT YOUR DIGITAL ASSETS MAY LOSE SOME OR ALL OF THEIR VALUE, YOU MAY SUFFER LOSS DUE TO THE FLUCTUATION OF PRICES OF TOKENS IN A TRADING PAIR OR LIQUIDITY POOL, AND, ESPECIALLY IN EXPERT MODES, EXPERIENCE SIGNIFICANT PRICE SLIPPAGE AND COST. YOU UNDERSTAND THAT ANYONE CAN CREATE A TOKEN, INCLUDING FAKE VERSIONS OF EXISTING TOKENS AND TOKENS THAT FALSELY CLAIM TO REPRESENT PROJECTS, AND ACKNOWLEDGE AND ACCEPT THE RISK THAT YOU MAY MISTAKENLY TRADE THOSE OR OTHER TOKENS. YOU FURTHER ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY OF THESE VARIABLES OR RISKS AND CANNOT BE HELD LIABLE FOR ANY RESULTING LOSSES THAT YOU EXPERIENCE WHILE ACCESSING OR USING OUR SERVICES. ACCORDINGLY, YOU UNDERSTAND AND AGREE TO ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING OUR SERVICE.
Indemnification
You hereby agree to defend, indemnify, and hold Canopy harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of our Service; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) any overt harmful act toward any other user of our Service with whom you connected via our Service; or (6) any breach of, or failure to comply with, applicable law. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Governing Law and Jurisdiction
These Terms will be governed by the laws of Delaware without regard to any conflict of law provisions. Additionally, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms, or the use of our Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.Canopy’s failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Dispute Resolution
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Canopy and limits the manner in which you can seek relief from us. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
You and Canopy agree that any dispute arising out of or related to these Terms (or our Service) is personal to you and Canopy and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action, or any other type of representative proceeding.You waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms and our Services, including claims related to privacy and data security resolved in court. Further, you hereby waive all rights to participate in any class action lawsuit or class wide arbitration against Canopy. Instead, any dispute arising out of or related to these Terms, as well as any issue on its validity and existence, shall be referred to and exclusively resolved by final and binding arbitration conducted in accordance with the then-current Comprehensive Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services (“JAMS”). The arbitration will be conducted by a single arbitrator selected by agreement of you and Canopy or, if you and Canopy cannot agree, an arbitrator appointed in accordance with the JAMS rules who shall be experienced in the type of dispute at issue. You and Canopy, their representatives, the arbitrator, and other participants shall keep confidential the existence, content, and result of the arbitration. Any demand for arbitration and any counterclaim must specify in reasonable detail the facts and legal grounds forming the basis for the claimant’s claims and include a statement of the total amount of damages claimed, if any, and any other remedy sought by the claimant. The arbitration will be conducted in the English language; the location of such arbitration shall be in Delaware. Each party will bear its own costs in the arbitration. The arbitrator will have full power and authority to determine issues of arbitrability and to interpret or construe the provisions of the agreement documents and to fashion appropriate remedies (including temporary, preliminary, interim, or permanent injunctive relief); provided that the arbitrator will not have any right or authority: (i) in excess of the authority that a court having jurisdiction over the parties and the dispute would have absent this arbitration agreement; or (ii) to award damages in excess of the types and limitation of damages found in the agreement. Judgment upon the award may be entered in any court of competent jurisdiction. Notwithstanding the agreement to arbitrate, each party may apply at any time to a court of competent jurisdiction for appropriate injunctive relief or for other interim or conservatory measures, and by doing so will not breach or waive the agreement to arbitrate or impair the powers of the arbitrator.
Assignment
We reserve the right to assign our rights without restriction, including without limitation to any Canopy affiliates or subsidiaries, or to any successor in interest of any business associated with the service. In the event that Canopy is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. You may not assign any rights and/or licenses granted under these terms. Any attempted transfer or assignment by you in violation hereof shall be null and void. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Force Majeure
We will not be liable or in default hereunder by reason of any failure or delay in the performance of its obligations or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, interruption in telecommunications or internet services or network provider services, pandemic, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
Miscellaneous
The section titles in these Terms are for convenience only and have no legal or contractual effect.As used in these Terms, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.”We may update the content on the Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.Notices to you may be made via either email or regular mail. Our Service may also provide notice to you of changes to these Terms or other matters by displaying notices or links to notices on our Service.These Terms shall be exclusively interpreted in accordance with the English language and the meaning of its terms. Should a translation of these Terms deviate from the English language version, only the English language version shall apply and be binding.Not all our Service discussed or referenced on this Site, or these Terms, are available to all persons or in all geographic locations or jurisdictions. In addition, not all persons may be able to participate in promotions made available through our Service. We reserve the right to limit the availability of our Services to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion.
DMCA
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on our Site infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there are penalties for false claims under the DMCA.Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:
Canopy Network Labs, Inc.
850 New Burton Road,
Suite 201, in the City of Dover, County of Kent, Zip Code 19904.
Contact Us
Please contact us at legal@canopynetwork.org to report any violations of these Terms, to pose any questions regarding these Terms or our Service, and all other feedback, comments, requests for technical support, and other communications relating to the Site.