⚖️Terms of Use
PLEASE READ THESE GENERAL TERMS OF USE CAREFULLY.
These General Terms of Use (the "Terms") apply to your access to, and use of, the Infrastructure (as defined below), including the website https://hard.fun/ (the "Website"). These Terms do not alter the terms of any other agreement you ("you" or "your") may have with us ("we", "us" or "our") for products, services or otherwise (the "Agreement"). To the extent there is a conflict between any Agreement and these Terms, the terms of these Terms shall govern. The Terms are entered into between you and us.
By accessing or using, or both, of the Infrastructure, you agree that you have read, understood and accepted all of the terms and conditions stipulated in these Terms and you agree to be legally bound by these Terms. If you do not agree to these Terms, do not use the Infrastructure.
You shall not access or use the Infrastructure if you: (i) do not agree to the Terms, or (ii) are prohibited from accessing or using the Infrastructure by applicable law. You must be 18 (eighteen) years or older to access and use the Infrastructure. If you are under 18 (eighteen) years of age, you are not permitted to access or use the Infrastructure.
You warrant and represent that neither you nor any person for whom you are acting as agent or nominee in connection with your accessing or using the Infrastructure, has been or is: (i) 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), United Kingdom, European Union or any other governmental authority (collectively, the "Sanctions"), (ii) a resident in a country or territory that is the subject of country-wide or territory-wide Sanctions, or (iii) otherwise a party with which to the best of your knowledge we are prohibited from dealing under any applicable laws.
You warrant and represent that you are not: (i) located in, (ii) under the control of a legal entity, which is established under the laws of, or resident of, or of an individual, which is a national of, or resident of, (iii) legal entity, which is established under the laws of, or resident of, or (iv) individual, which is a national of, or resident of, any Restricted Territories (as defined below).You acknowledge and agree that for the purposes of the aforementioned provisions, "Restricted Territories" means any one or more of the following: (1) the Crimea, and Luhansk and Donetsk areas of Ukraine as well as any temporary occupied by the Russian Federation territories of Ukraine at a given time, including the relevant parts of Kherson and Zaporizhzhia areas, (2) Cuba, (3) Democratic People’s Republic of Korea, (4) Democratic Republic of Congo, (5) Islamic Republic of Iran, (6) Libya, (7) People’s Republic of China, (8) Republic of Belarus, (9) the Russian Federation, (10) Somalia, (11) South Sudan, (12) Sudan, (13) Syria, (14) the United States of America, (15) Yemen, (16) Canada, (17) any jurisdiction or territory in which applicable laws prohibit the access and use of the Infrastructure, and (18) any jurisdiction which is subject to the Sanctions.
We may make changes to the Terms from time to time. The changes will be effective immediately upon their publication. Please, review the Terms on a regular basis. You understand and agree that your express acceptance of the Terms or your access to or use of the Infrastructure after the date of publication of the relevant changes shall constitute your agreement to the updated Terms. You can determine when the Terms were last revised by referring to the "LAST UPDATED" legend at the top of then-current version of the Terms on the Website (as defined below).
If you are accessing or using the Infrastructure with third-party products, hardware, software applications, programs, or devices (the "Third Party Technology"), you agree and acknowledge that: (i) you may be required to enter into a separate license agreement with the relevant third party owner or licensor for the use of such Third Party Technology; (ii) the Infrastructure may not be accessible through the Third Party Technology, and (iii) we cannot guarantee that the Infrastructure shall always be available on or in connection with such Third Party Technology. Third parties have their own terms of service/use (or equivalent thereof) and privacy policies (or equivalent thereof) associated with their products/services. Prior to accessing or using the Third Party Technology in connection with our Infrastructure, you are responsible for reviewing, agreeing to and complying with their respective terms of service/use (or equivalent thereof) and privacy policies (or equivalent thereof).
To access or use the Infrastructure you may be asked to provide certain registration details or other information. It is a condition of your access to or use of the Infrastructure that all such information be correct, current, and complete in all respects.
The Terms or any part thereof may be translated into other languages for your convenience. The English language version of the Terms is the version that prevails at all times and in the event of any conflict between the English language version and a translated version, the English language version shall prevail.
Certain features of the Infrastructure may be offered while still in the "beta" version (the "Beta Versions"). We shall use our reasonable efforts to identify the Beta Versions by marking them within the Infrastructure. By accepting the Terms, you understand and acknowledge that the Beta Versions are being provided as a "BETA" version and made available on an "AS IS" and "AS AVAILABLE" basis. The Beta Versions may contain bugs, errors, and other problems. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE BETA VERSIONS, INCLUDING ANY USAGE FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, we shall not be obliged to continue, or provide any maintenance, technical, or other support for the Beta Versions.
1. DEFINITIONS AND INTERPRETATION
1.1 In addition to the terms defined elsewhere in these Terms, for all purposes of these Terms, the following terms have the meanings set forth in this Section 1.1:
(1) "Affiliate" means, in relation to any person at a given time, any other person that, directly or indirectly, or both, controls, is controlled by or is under common control, with such person. For the purposes of these Terms, "control" (including, with correlative meanings, the terms "controlled by" and "under common control with"), as used with respect to any person, means the possession, directly or indirectly, or both, of the power to direct or cause the direction, or both, of the management and policies of such person, whether through the ownership of voting shares, by contract, or otherwise;
(2) "Content" the information, materials, services, and other content available on or through the Infrastructure from time to time;
(3) "Infrastructure" means any one or more of the following: Website and any other correlative software, materials, documents and IP which we or any of our Affiliate, or both, make available in connection with your access or use, or both, of the Infrastructure;
(4) "IP Rights" means all vested, contingent and future intellectual property rights, including worldwide statutory and common law rights, relating to, or owned by the relevant person anywhere in the world in IP, and all its variations, modifications or enhancements together with any application or right to apply for registration, renewal, extension or protection of those rights;
(5) "IP" means: any or all of the following anywhere in the world: (i) all patents; (ii) all inventions (whether patentable or not), ideas, processes, invention disclosures, improvements, trade secrets, proprietary information, know-how, technology, improvements, discoveries, technical data, customer lists, proprietary processes and formulae, all source and object code, algorithms, architectures, structures, display screens, layouts, development tools and all documentation and media constituting, describing or relating to the above, including manuals, memoranda and records; (iii) all copyrights, copyrightable material including derivative works, revisions, transformations and adaptations, material that is subject to non-copyright disclosure protections, and all other works of authorship and designs (whether or not copyrightable); (iv) all Trademarks; (v) domain names; (vi) web sites and related content, and (vii) all manuals, documentation and materials relating to the above; and
(6) "Trademarks" means: (i) the trademarks, trade names and service marks used by the relevant person, whether registered or unregistered; (ii) the respective stylistic marks and distinctive logotypes for such trademarks, trade names and service marks, and (iii) such other marks and logotypes as the relevant person may designate from time to time in writing.
2. USE OF THE INFRASTRUCTURE
2.1 You are hereby granted the limited, personal, non-transferable and non-exclusive right to access or use, or both, the Infrastructure solely for personal, non-commercial purposes.
2.2 You shall not access or use, or both, the Infrastructure in any manner that may impair, overburden, damage, disable or otherwise compromise the Infrastructure.
2.3 When you access or use, or both, the Infrastructure, you agree and undertake to comply with the following provisions:
(1) without the prior written consent from us, you shall not: (i) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Infrastructure; (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Infrastructure (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local, state, provincial, national or other law, rule or regulation); (iii) rent, lease, resell, distribute, use in any unauthorized or unintended manner or otherwise exploit the Infrastructure for purposes not contemplated by the Terms; (iv) remove or alter any proprietary notices, Trademarks, or labels on or in the Infrastructure, and (v) engage in any activity that interferes with or disrupts the Infrastructure;
(2) your access to, or use of, the Infrastructure may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance, or repair of the Infrastructure or other actions that we, in our sole discretion, may elect to take. You agree to and hereby do release us from any liability associated with such interruptions; and
(3) sometimes, we may need to provide additional terms for specific services (and such services are deemed part of the Infrastructure hereunder and shall also be subject to the Terms). Those additional terms, which are available with the relevant service, then become part of your agreement with us if you use those services. In the event of a conflict between the Terms and any additional applicable terms we may provide for a specific service, such additional terms shall control for that specific service. We also may from time to time, and without any liability to you, modify, suspend or discontinue, temporarily or permanently, any part of the Infrastructure for any reason.
2.4 Any rights not expressly granted in the Terms are reserved by us.
3. IP RIGHTS
3.1 You acknowledge and agree that the Infrastructure fallen into our IP and IP Rights to it and to all related materials to it are owned by us or our relevant Affiliates, or both ("Our IP").
3.2 You shall use Our IP: (i) only in strict accordance with specifications and directions supplied by or on behalf of us from time to time, and (ii) only in the form and style approved by us.
3.3 You shall not include all or any portion of Our IP in your IP or in the IP of any other person, or both.
3.4 You shall not use Our IP in a manner likely to cause confusion with, dilute of damage our goodwill, reputation or image.
3.5 You shall not register, attempt to register or lay common law claim to any Our IP, or any IP, confusingly similar to Our IP.
4. REPRESENTATIONS AND WARRANTIES
4.1 You hereby represent and warrant to us that:
(1) YOU UNDERSTAND AND ACCEPT THAT ALL CONTENT IS FOR INFORMATIONAL PURPOSES ONLY, YOU SHOULD NOT CONSTRUE ANY SUCH INFORMATION OR OTHER MATERIAL AS LEGAL, TAX, INVESTMENT, FINANCIAL, OR OTHER ADVICE, OR A CALL FROM US OR ANY OTHER PERSON’S SIDE TO COMMIT ANY UNLAWFUL ACTS;
(2) you understand and accept that the Content is information of a general nature and does not address the circumstances of any particular individual or entity. Nothing in the Content constitutes a comprehensive or complete statement of the matters discussed or the law relating thereto. You alone assume the sole responsibility of evaluating the merits and risks associated with the access to, or use of, the Infrastructure before making any decisions based on the information contained in the Content;
(3) you understand and accept that the Infrastructure has functionality using which you may create and issue the digital tokens (the "Token") and, in case you or your Affiliate, owner, partner, shareholder, consultant, agent, employee, co-venturer (the "Related Parties") use such functionality, you have sought out and retained legal counsel in relation to creation and issue of the relevant Token and you hold all required permits, licences, approvals or other authorizations, and is in compliance with all necessary legal or other requirements necessary to create and issue the relevant Token. We are in no way liable or responsible for legal ramifications that you may encounter as a result of the advice offered by your legal counsel, or your failure to retain legal counsel in regard to issue of the relevant Token. It is solely your responsibility to ensure your compliance with global finance and securities regulations, including, but not limited to, the United States Securities Act of 1933. Failure to adhere to appropriate regulations and the consequences that follow therein shall be your sole burden;
(4) you acknowledge and agree that you shall solely bear and assume full responsibility for any and all of your own legal risks, liabilities, disputes, and potential claims that may arise out of or in connection with your use of the Infrastructure. This includes, but is not limited to, risks and liabilities associated with your own performance or non-performance of your obligations, compliance or non-compliance with applicable laws and regulations, and any disputes or claims brought by third parties in connection with your use of the Infrastructure;
(5) you understand and accept that the smart contract system concept, the underlying software application and software platform is still in an early development stage and unproven, why there is no warranty that the process for creating the Infrastructure will be uninterrupted or error-free and why there is an inherent risk that the software could contain weaknesses, vulnerabilities or bugs causing, inter alia, the complete loss of the Tokens;
(6) you understand and accept that the blockchain technology allows new forms of interaction and that it is possible that certain jurisdictions will apply existing regulations on, or introduce new regulations addressing, blockchain technology based applications, which may be contrary to the current setup of the smart contract system and which may, inter alia, result in substantial modifications of the smart contract system or Infrastructure, or both, including its termination and the loss of the Tokens for you;
(7) you understand and accept that the creation and issue of the Token and the development of the Infrastructure may be abandoned for a number of reasons, including lack of interest from the public, lack of funding, lack of commercial success or prospects (e.g. caused by competing projects). You therefore understand that there is no assurance that, even if the Infrastructure is partially or fully developed and launched, you will receive any benefits through the Tokens held by you;
(8) you understand and accept that the Infrastructure may give rise to other, alternative projects, promoted by unaffiliated to us third parties, under which the Tokens will have no intrinsic value;
(9) the Token can only be accessed by using the specific wallet for digital tokens with a combination of certain information, for example, your account information (address), private key and password. The private key is encrypted with a password. You understand and accept that if your private key file or password respectively got lost or stolen, the Tokens associated with your account (address) or password will be unrecoverable and will be permanently lost;
(10) you understand and accept that the smart contract system concept, the underlying software application and software platform may be exposed to attacks by hackers or other persons that could result in theft or loss of the Tokens, impacting the ability to develop the Infrastructure;
(11) you understand and accept that, as with other digital tokens, the blockchain used for the smart contract system is susceptible to mining attacks, including double-spend attacks, majority mining power attacks, "selfish-mining" attacks, and race condition attacks. Any successful attacks present a risk to the smart contract system, expected proper execution and sequencing of the Tokens transactions, and expected proper execution and sequencing of contract computations;
(12) you understand and accept, that the wallet or wallet service provider used by you have to be technically compatible with the Token. The failure to assure this may have the result that you will not gain access to the Tokens;
(13) you have a deep understanding of the functionality, usage, storage, transmission mechanisms and intricacies associated with digital tokens, and blockchain-based software systems;
(14) you have carefully reviewed these Terms and the code of the smart contract system and fully understand and accept the functions implemented therein;
(15) you understand and accept that ownership of the Token carries no rights, whether express or implied;
(16) you understand and accept that by creating and issue of the Token no form of partnership, joint venture or any similar relationship between you and us, or any of our Affiliate, or both, is created;
(17) you understand and accept that except as otherwise expressly set forth herein, the creation and issue of the Token: (i) does not provide you with rights of any form with respect to any one or more of the following: us, our Affiliates, or their revenues or assets, including, without limitation, any voting, distribution, redemption, liquidation, proprietary (including all forms of our IP Rights) or other financial or legal rights; (ii) is not a loan to us; and (iii) does not provide you with any ownership, equity, or other interest in us or any of our Affiliate, or both;
(18) you are not creating and issuing the Token for the purpose of speculative investment or any illegal purposes;
(19) you understand that we, or any of our Affiliate, or both, have no obligation to buy back any Tokens from you, are not indebted to you, are not otherwise required to repay you in money or in kind and are not required provide any services or to deliver any goods, products or IP Rights to you as the result of these Terms;
(20) you understand that the Infrastructure carries significant financial, regulatory and reputational risks. No warranty whatsoever on the Infrastructure, expressed or implied, are provided by us;
(21) the Token is created and issued at your sole risk on an "AS IS" and "UNDER DEVELOPMENT" basis and without, to the extent permitted by law, any warranties of any kind, including, but not limited to, warranties of title or implied warranties, merchantability or fitness for a particular purpose;
(22) you understand that with regard to the Token no market liquidity may be guaranteed and that the value of the Token over time may experience extreme volatility or depreciate in full;
(23) you understand that you bear the sole responsibility to determine the action or transaction related to the Token have tax implications for you; by creating, issuing, exchanging, holding or using the Token, and to the extent permitted by law, you agrees not to hold us or any of our Affiliate, or both, liable for any tax liability associated with or arising from the creation, issue, exchange, ownership or use of the Token or any other action or transaction related to the Token;
(24) you have all requisite power and authority to carry out and perform all your obligations under these Terms. All action on your part required for the lawful performance of all your obligations under these Terms have been or will be effectively taken. These Terms constitutes a legal, valid and binding obligation of you enforceable against you in accordance with its terms, except that such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium and similar laws of general application relating to or affecting creditors' rights generally and by equitable principles (regardless of whether enforcement is sought in a proceeding in equity or at law);
(25) the execution, delivery and performance of these Terms will: (i) not result in any violation of, not be in conflict with, or not constitute a material default under: (1) any agreement, obligation, duty or commitment to which you are a party or by which your are bound, and (2) any laws, statutes, ordinances, rules, regulations, judgments, injunctions, administrative interpretations, orders and decrees of any governmental authority, including amendments thereto (collectively, the "Laws"), or (ii) not result in the creation of any lien, charge or encumbrance upon any your assets;
(26) the performance under these Terms requires no approval or other action from any governmental authority or person or entity other than us, except for such consents, approvals, authorizations, orders, filings, registrations or qualifications as have already been obtained or made and are still in full force and effect;
(27) you are not relying on our or any of our Affiliates, owners, directors, officers, counsel, employees, agents or representatives legal, investment or tax advice. You represent that to the extent that you have any questions with respect to these Terms, you have sought professional advice;
(28) to the extent required by applicable Laws, you have complied and will continue to comply with all anti-money laundering and counter-terrorism financing requirements;
(29) the assets, including any fiat or virtual assets, or both, you use to perform your obligations hereunder are not derived from or related to any unlawful activities, including but not limited to money laundering or terrorist financing, and you will not use, or permit the use of, the Tokens to finance, engage in or otherwise support any unlawful activities; and
(30) you are aware that it may be unable to trade or otherwise dispose of ownership of the Tokens. You acknowledge ad agree that it may be required to bear the financial risks of the Tokens for an indefinite period of time.
5. LIMITATION OF LIABILITY; NO WARRANTIES
5.1 Except as expressly provided by these Terms and applicable Laws, we shall not be responsible or liable for any losses resulting directly or indirectly from: (i) any act or omission of you or any of your Affiliate, or both, or their agent, or any error, negligence, or misconduct of you, or any of your Affiliate, or both; (ii) failure of transmission or communication facilities; (iii) any other cause or causes beyond our control, including, without limitation, for reasons such as acts of God, fire, flood, strikes, work stoppages, acts of terrorism, governmental or regulatory action, delays of suppliers or subcontractors, war or civil disturbance, self-regulatory organization actions, telecommunication line or computer hardware failures and any other telecommunication failures; (iv) our reliance on any instructions, notices, or communications that it believes to be from an individual authorized to act on behalf of you, and you hereby waives any and all defences that any such individual was not authorized to act on behalf of you; (v) government restrictions; exchange, regulatory, or market rulings; suspension of trading; military operations; terrorist activity; strikes, or any other condition beyond our control, including without limitation extreme market volatility or trading volume; or (vii) any action taken by us to comply with applicable Laws or these Terms.
5.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (I) IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND(INCLUDING, BUT NOT LIMITED TO, WHERE RELATED TO LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE INFRASTRUCTURE OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE); (II) IN NO EVENT WILL OUR AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE INFRASTRUCTURE, OR OTHERWISE RELATED TO THESE TERMS, OR THE USE OF OR INABILITY TO USE THE TOKENS, EXCEED THE USD 100 (ONE HUNDRED). THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY, WHICH MAY NOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
6. INDEMNIFICATION
You hereby agree to indemnify any one or more of the following: us, any of our Affiliate, and our and their respective owners, directors, officers, employees, representatives and advisors, and to hold each of them harmless, from and against any loss, damage, liability, cost or expense, including reasonable attorneys' fees and costs of investigation, to which they may be put or which they may reasonably incur or sustain due to or arising out of; (i) any inaccuracy in or breach of any your representation or warranty or your Affiliate or agents, whether contained in these Terms or any other document provided by you to us in connection with these Terms; (ii) any nonfulfillment or breach of any covenant, agreement, or other provision by you or your Affiliate or agents, whether contained in these Terms or any other document provided by you to us in connection with these Terms, or (iii) the receiving by you of the Token in violation of the applicable Law or these Terms. Notwithstanding any provision of these Terms, you do not waive any right granted to you under any applicable Law. All indemnification provisions shall survive the termination of these Terms.
7. NOTICES
7.1 Any notice or other document given to us under these Terms (the "Notice") shall be: (i) in writing in the English language (or be accompanied by an accurate translation into English); (ii) signed by or on behalf of the person giving it, and (iii) sent by email.
7.2 The Notice shall be delivered to us at the following email: hello@hard.fun
8. MISCELLANEOUS PROVISIONS
8.1 Because of the uncertainty of future events and circumstance, we do not guarantee that our forecasts, projections, advice, recommendations or the contents of any report, presentation or other document will be achievable, and you acknowledge and agree that we give the same to address specific circumstances at the time.
8.2 We may assign, transfer, mortgage, charge, declare a trust of, or deal in any other manner with any or all of our rights and obligations under these Terms without your prior written consent.
8.3 These Terms set forth the entire agreement between you and us with regard to the subject matter hereof.
8.4 Should any term, condition, provision or part of these Terms be found to be unlawful, invalid, illegal or unenforceable, that portion shall be deemed null and void and severed from these Terms for all purposes, but such illegality, or invalidity or unenforceability shall not affect the legality, validity or enforceability of the remaining parts of these Terms, and the remainder of these Terms shall remain in full force and effect, unless such would be manifestly inequitable or would serve to deprive either party hereto of a material part of what it bargained for in entering into these Terms.
8.5 Nothing contained in these Terms shall be deemed to constitute either party a partner, joint venture or employee of the other party for any purpose.
Last updated