Last Updated: May 16, 2018
IF YOU ARE AN EMPLOYEE OR INDEPENDENT CONTRACTOR THAT IS ACCESSING OR USING THE FINHAVEN SOLUTION ON BEHALF OF AN ISSUER, YOU MAY NOT ACCESS OR USE THE FINHAVEN SOLUTION UNLESS THE ISSUER HAS ENTERED INTO A MASTER SERVICES AND PLATFORM AGREEMENT WITH US. PLEASE CAREFULLY READ ALL DISCLAIMERS AND LIMITATIONS OF LIABILITY, PARTICULARLY THE DISCLAIMERS IN SECTION 12.
- “Finhaven Member Program Terms” means the terms and conditions that govern the Finhaven Program operated by Finhaven.
- “FIN Points Sale Terms and Conditions” means the terms and conditions that govern the sale or transference of FIN Points.
3. Access to the Finhaven Platform
If you are using this Finhaven Solution as, or on behalf of, an issuer (an “Issuer User”), additional terms and conditions contained in the Master Services and Platform Agreement between Finhaven and the issuer will apply to you. A copy of the relevant terms and conditions from the Master Services and Platform Agreement between the issuer and Finhaven will be made available on request. If you are using the Finhaven Solution as a member (a “Member User”), additional terms and conditions in the Membership Agreement will apply to you. Please click here to review our current Membership Agreement: https://members.finhaven.com/terms
For greater clarity, you may be both an Issuer User and a Member User, in which case, the additional terms and conditions of both the respective Master Services and Platform Agreement and Membership Agreement will apply to you.
4. 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 (defined below) to access, collect, store and use any data, information, records and files that: (a) you load, transmit to or enter into the Finhaven Solution; or (b) that we collect from your usage of the Finhaven Solution ((a) and (b), collectively, the “User Data”), to: (i) develop, enhance and make available the Finhaven Solution; and (ii) to produce data, information or other materials that are not identified as relating to a particular individual or company (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.
6. No Unlawful or Prohibited Use
Without limiting the generality of the foregoing, you will not (and will not attempt to), as applicable:
- send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the Finhaven Solution any data, information, pictures, videos, music, or other materials or content that:
- contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
- you do not have the lawful right to send, upload, collect, transmit, store, use, publish or otherwise communicate;
- is false, intentionally misleading or impersonates any other person;
- 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;
- is harmful to minors in any way or targeted at minors;
- 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
- encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability;
- disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Finhaven Solution (e.g., a denial of service attack);
- attempt to gain unauthorized access to the Finhaven Solution;
- use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Finhaven Solution or any part thereof or otherwise attempt to discover any source code; or
- use the Finhaven Solution for the purpose of building a similar or competitive product or service.
The Finhaven Solution may provide links to third party websites or applications. These links are provided solely for your convenience and for the convenience of other users of the Finhaven Solution. We do not endorse the information, products, or services described on those websites or applications; or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. The content in any linked website or application is not under our control, and if you choose to access any such website or application, you do so entirely at your own risk.
There are no separate fees for Issuer Users to use the Finhaven Solution other than as outlined in the respective issuer Master Services and Platform Agreement. There are no separate fees for Member Users to use the Finhaven Solution other than as outlined in the Membership Agreement.
10. Communications Not Confidential
We do not guarantee the confidentiality of any communications made by you through the Finhaven Solution. We do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Finhaven Solution.
- GENERAL DISCLAIMER. THE FINHAVEN SOLUTION 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 FINHAVEN 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 FINHAVEN SOLUTION IS OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
- PRIVATE KEYS AND WALLET DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO PROTECT THE PRIVATE KEYS TO YOUR TOKENS AND ENSURE THEIR SAFETY AND SECURITY. IF YOU LOSE YOUR PRIVATE KEYS, IT WILL NOT BE POSSIBLE FOR US TO RECOVER IT ON YOUR BEHALF. FINHAVEN MAY PROVISION A DIGITAL WALLET FOR THE STORAGE OF TOKENS TO YOU OUT OF CONVENIENCE ONLY AND ASSUME NO RESPONSIBILITY OR LIABILITY IN CONNECTION WITH YOUR USE OF THE WALLET.
- USE OF CORRECT ADDRESS FOR TOKEN TRANSACTIONS. YOU ACKNOWLEDGE THAT BLOCKCHAIN TOKEN TRANSACTIONS ARE TECHNICALLY IRREVERSIBLE AND THAT IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THE CORRECT ADDRESS IS USED FOR ANY BLOCKCHAIN TOKEN TRANSACTIONS THROUGH THE FINHAVEN PLATFORM. WE CANNOT REVERSE ANY BLOCKCHAIN TOKEN TRANSACTIONS AND, ACCORDINGLY, WILL NOT REIMBURSE OR REFUND YOU FOR ANY SUCH TRANSACTIONS.
13. Limitation of Liability
You will defend, indemnify and hold harmless Finhaven and its affiliates, and their respective directors, officers, employees, contractors, partners, agents, affiliates, successors and assigns 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:
- your breach of your warranties described hereunder;
- your violation of any applicable law or the rights of a third party (including intellectual property rights);
15. Term and Termination; Survival
16. General Provisions
- Force Majeure. We will not be liable for delays caused by any event or circumstances beyond our 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.