Last Updated: September 19, 2018
PLEASE CAREFULLY READ ALL DISCLAIMERS AND LIMITATIONS OF LIABILITY, PARTICULARLY THE DISCLAIMERS IN SECTIONS 12 RELATED TO THE MONITORCHAIN PLATFORM AND THE MONITORCHAIN ALERTS.
2. Access to the MonitorChain Platform
b. You acknowledge and agree that the proper performance of the MonitorChain depends entirely on the inputs, parameters, addresses, information and data that you provide to us through the MonitorChain Platform (the “MonitorChain Inputs”). Accordingly, you are responsible for all MonitorChain Inputs, including:
I. any blockchain addresses;
II. phone numbers; and
III. email addresses.
3. Access to the MonitorChain Platform through our APIs
a. Service Fees. You will pay us fees (the “Fees”) based on the then-current fee schedule, available on the website at: https://monitorchain.com/pricing/. Fees are subject to change without notice. The Fees are non-refundable and we reserve the right to adjust our Fees or to institute new Fees at any time. You hereby authorize us to initiate debits and credits with your selected payment method.
b. Payment by Crypto. If you pay us the Fees through the use of cryptocurrency, you acknowledge and agree that it is your responsibility to ensure payment to the correct addresses and that we cannot reverse a digital currency transaction which has been broadcast to a digital currency network, and losses due to fraudulent or accidental transactions are not recoverable;
5. No Responsibility For Third Party Links
We provide links to third party material through the MonitorChain Platform as a convenience to you. We are not responsible for any aspect of the information, content, or services on third party websites accessible or linked to the MonitorChain Solution, or any part thereof.
6. Communications Not Confidential
We do not guarantee the confidentiality of any communications made by you through the MonitorChain Solution. We do not guarantee the security of any data you transmit over the Internet or public networks in connection with your use of the MonitorChain Solution.
8. Data You Upload To Us
You grant to us an irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, transferable and sublicensable license during the Term to access, collect, store and use any data, information, records and files that: (a) you load, transmit to or enter into the MonitorChain Solution; or (b) that we collect from your usage of the MonitorChain Solution ((a) and (b), collectively, the “User Data”), to: (i) develop, enhance and make available the MonitorChain Solution; and (ii) to produce data, information or other materials that are not identified as relating to a particular individual or Zenchain (such data, information and materials, the “Aggregated Statistical Information”). We are free to create, use and disclose Aggregated Statistical Information for any purpose and without obligations of any kind.
10. No Unlawful or Prohibited Use
Without limiting the generality of the foregoing, you will not (and will not attempt to), as applicable:
a. send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the MonitorChain Solution any data, information, pictures, videos, music, or other materials or content that:
I. contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
II. you do not have the lawful right to send, upload, collect, transmit, store, use, publish or otherwise communicate;
III. is false, intentionally misleading or impersonates any other person;
IV. is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual;
V. is harmful to minors in any way or targeted at minors;
VI. violates any applicable laws, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity); or
VII. encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability;
b. disable, overly burden, impair, or otherwise interfere with servers or networks connected to the MonitorChain Solution (e.g., a denial of service attack);
c. attempt to gain unauthorized access to the MonitorChain Solution;
d. use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the MonitorChain Solution or any part thereof or otherwise attempt to discover any source code;
e. use the MonitorChain Solution for the purpose of building a similar or competitive product or service; or
a. YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE MONITORCHAIN SOLUTION (INCLUDING FOR GREATER CERTAINTY, ANY MONITORCHAIN ALERTS) IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE MONITORCHAIN SOLUTION WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE MONITORCHAIN SOLUTION IS OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
b. YOU ACKNOWLEDGE AND AGREE THAT THE MONITORCHAIN ALERTS IS SIMPLY A SOLUTION THAT PROMPTS YOU TO CONDUCT FURTHER INQUIRY AND DUE DILIGENCE. ACCORDINGLY, IT MAY CONTAIN ERRORS, BE INCOMPLETE OR IN ACCURATE. WHILE WE MAY CORRECT ANY SUCH ERRORS, MISSING INFORMATION OR INACCURACIES, WE ARE UNDER NO OBLIGATION TO DO SO. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT RELY ON THE MONITORCHAIN ALERTS AS THE BASIS FOR TAKING ANY ACTIONS (OR REFRAINING FORM TAKING ANY ACTIONS).
13. Limitation of Liability
TO THE EXTENT THAT THE FOREGOING LIMITATION IS NOT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS OF SERVICE, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE MONITORCHAIN SOLUTION EXCEED $100 CAD, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITIES OF SUCH DAMAGES. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF SERVICE WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.
You will defend, indemnify and hold harmless us and all of our officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including reasonable legal and accounting fees arising out of or in connection with:
a. your breach of your warranties described hereunder;
b. your violation of any applicable law or the rights of a third party (including intellectual property rights); or
15. Term and Termination; Survival
16. General Provisions
b. Class Action Waiver. Except as restricted by applicable law, you acknowledge and agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any class or representative action. Accordingly, you hereby waive all rights to assert any claims against us as a representative or member of any class or representative action.
g. Force Majeure. We will not be liable for delays caused by any event or circumstances beyond Zenchain’s reasonable control, including acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, Internet service failures or delays.