Last revised: June 10, 2020
Hemelios Project reserves the right to change or modify these Terms at any time in its sole discretion and without prior specific notice to you. Your use of the Website will indicate your acceptance of such changed or modified Terms.
Hemelios Project reserves the right, in its sole discretion, to modify, suspend, or cancel the Website or any portion of the Website without prior notice to you, and to block or prevent your future access to, and use of, the Site.
RESTRICTED AREAS, PLEASE READ CAREFULLY THE FOLLOWING PARAGRAPH
By accessing or using the website, you represent and warrant that you have not previously been suspended or removed from the Site. You represent and warrant that you are not (as referred to in the whitepaper enclosed) a citizen, resident (tax or otherwise) or green card holder of the United States of America, or a citizen or resident of the Republic of South Africa or Cayman Islands. You further represent and warrant that you will not use the Site if the laws of your country prohibit you from doing so in accordance with these Terms.
2. COPYRIGHT AND LIMITED LICENSE
Unless otherwise indicated on the website and all content and other materials on the Site, including, without limitation, the Hemelios logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Hemelios Materials”) are the proprietary property of Hemelios Project and are protected by Swiss and international copyright laws.
Any dispute or controversy arising from the Site, from or under the crowdsale shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chamber of Commerce in force on the date when the Notice of Arbitration is submitted in accordance with these Rules. The arbitration panel shall consist of one arbitrator only. The seat of the arbitration shall be Lugano, Switzerland. The arbitral proceedings shall be conducted in English.
You are granted a limited, non-sublicensable license to access and use the Site and Hemelios Materials subject to these Terms. Except as expressly permitted on the Site, in these Terms or otherwise in writing by Hemelios Project, such license does not include: (a) any resale or commercial use of the Site or the Hemelios Materials; (b) the distribution, public performance or public display of any Hemelios Materials; (c) modifying or otherwise making any derivative uses of the Site and the Hemelios Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the Hemelios Materials or any information contained therein; or (f) any use of the Site or the Hemelios Materials other than for its intended purpose. Any use of the Site or the Hemelios Materials other than as specifically authorized herein, without the prior written permission of Hemelios, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
3. THIRD PARTY CONTENT
Hemelios Project may provide third party content on the Site and may provide links to web pages and content that are not owned or controlled by Hemelios Project, including maybe but not limited any third party advertisements or promotions (collectively the “Third Party Content”) as a service to those interested in this information. Hemelios Project does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Hemelios Project is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk. Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third parties. Hemelios Project is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third Party Content on the Site.
You agree to defend, indemnify and hold harmless Hemelios Project, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site; (b) any User Content or Feedback you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Site. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provisions above may not apply to you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
5. DISCLAIMER OF WARRANTIES
Hemelios Project provides no guarantee as to the performance or the uninterrupted availability of the site or the Hemelios materials. the site and Hemelios materials are provided on an “as is,” “as available” basis without warranties of any kind, either express or implied. Hemelios Project disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the site and the information, content and materials contained therein. Hemelios Project does not represent or warrant that Hemelios materials or the site are accurate, complete, reliable, current or error-free. while Hemelios Project attempts to make your access and use of the site safe, Hemelios Project cannot and does not represent or warrant that the site or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from any download.
Hemelios Project reserves the right to change any and all content contained in the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Hemelios Project.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
6. LIMITATION OF LIABILITY
In no event will Hemelios Project, its directors, employees or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the site, the Hemelios materials or the content or the materials contained in or accessed through the site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Hemelios Project, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, programs or site. In no event will the aggregate liability of Hemelios Project, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the site exceed any compensation you pay, if any, to Hemelios Project for access to or use of the site. Some jurisdictions do not allow the limitation of liability in contracts with consumers, so some or all of these limitations of liability may not apply to you.
7. MODIFICATIONS TO THE SITE
Hemelios Project reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that Hemelios Project will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.
8. APPLICABLE LAW
You agree and accept that any action at law or in equity arising out of or relating to these Terms will be governed by and construed in accordance with the Swiss Legislation.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH HEMELIOS PROJECT AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
Any dispute or controversy arising from the website, from or under the crowdsale shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chamber of Commerce in force on the date when the Notice of Arbitration is submitted in accordance with these Rules. The arbitration panel shall consist of one arbitrator only. The seat of the arbitration shall be Lugano, Switzerland. The arbitral proceedings shall be conducted in English.
You and Hemelios Project agree to arbitrate any dispute arising from these Terms or relating to the Site, except that you and Hemelios Project are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents.