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diff --git a/contrib/tos/en/0.epub b/contrib/tos/en/0.epub Binary files differindex 5acb8dfca..77f9f2f6d 100644 --- a/contrib/tos/en/0.epub +++ b/contrib/tos/en/0.epub diff --git a/contrib/tos/en/0.html b/contrib/tos/en/0.html index 07a3ab401..6e7f66f52 100644 --- a/contrib/tos/en/0.html +++ b/contrib/tos/en/0.html @@ -1,17 +1,16 @@ -<html xmlns="http://www.w3.org/1999/xhtml" lang="en"> +<html lang="en"> <head> - <meta http-equiv="X-UA-Compatible" content="IE=Edge" /> - <meta http-equiv="Content-Type" content="text/html; charset=utf-8" /> + <meta charset="utf-8" /> + <meta name="viewport" content="width=device-width, initial-scale=1.0" /> <title>Terms Of Service — Taler Terms of Service</title> - <link rel="stylesheet" href="_static/epub.css" type="text/css" /> <link rel="stylesheet" href="_static/pygments.css" type="text/css" /> - <script type="text/javascript" id="documentation_options" data-url_root="./" src="_static/documentation_options.js"></script> - <script type="text/javascript" src="_static/jquery.js"></script> - <script type="text/javascript" src="_static/underscore.js"></script> - <script type="text/javascript" src="_static/doctools.js"></script> - <script type="text/javascript" src="_static/language_data.js"></script> + <link rel="stylesheet" href="_static/epub.css" type="text/css" /> + <script id="documentation_options" data-url_root="./" src="_static/documentation_options.js"></script> + <script src="_static/jquery.js"></script> + <script src="_static/underscore.js"></script> + <script src="_static/doctools.js"></script> </head><body> <div class="document"> @@ -39,25 +38,25 @@ carefully.</p> <h3>Highlights:<a class="headerlink" href="#highlights" title="Permalink to this headline">¶</a></h3> <blockquote> <div><ul class="simple"> -<li>You are responsible for keeping the data in your Taler Wallet at all times +<li><p>You are responsible for keeping the data in your Taler Wallet at all times under your control. Any losses arising from you not being in control of -your private information are your problem.</li> -<li>We will try to transfer funds we hold in escrow for our users to any legal +your private information are your problem.</p></li> +<li><p>We will try to transfer funds we hold in escrow for our users to any legal recipient to the best of our ability within the limitations of the law and our implementation. However, the Services offered today are highly -experimental and the set of recipients of funds is severely restricted.</li> -<li>For our Services, we may charge transaction fees. The specific fee structure +experimental and the set of recipients of funds is severely restricted.</p></li> +<li><p>For our Services, we may charge transaction fees. The specific fee structure is provided based on the Taler protocol and should be shown to you when you withdraw electronic coins using a Taler Wallet. You agree and understand -that the Taler protocol allows for the fee structure to change.</li> -<li>You agree to not intentionally overwhelm our systems with requests and -follow responsible disclosure if you find security issues in our services.</li> -<li>We cannot be held accountable for our Services not being available due to +that the Taler protocol allows for the fee structure to change.</p></li> +<li><p>You agree to not intentionally overwhelm our systems with requests and +follow responsible disclosure if you find security issues in our services.</p></li> +<li><p>We cannot be held accountable for our Services not being available due to circumstances beyond our control. If we modify or terminate our services, we will try to give you the opportunity to recover your funds. However, given the experimental state of the Services today, this may not be possible. You are strongly advised to limit your use of the Service -to small-scale experiments expecting total loss of all funds.</li> +to small-scale experiments expecting total loss of all funds.</p></li> </ul> </div></blockquote> <p>These terms outline approved uses of our Services. The Services and these @@ -103,6 +102,14 @@ situations where we are unable to make transfers at all or lead to incorrect transfers that cannot be reversed. We will only refuse to execute transfers if the transfers are prohibited by a competent legal authority and we are ordered to do so.</p> +<p>When using our Services, you agree to not take any action that intentionally +imposes an unreasonable load on our infrastructure. If you find security +problems in our Services, you agree to first report them to +<a class="reference external" href="mailto:security%40taler-systems.com">security<span>@</span>taler-systems<span>.</span>com</a> and grant us the right to publish your report. We +warrant that we will ourselves publicly disclose any issues reported within 3 +months, and that we will not prosecute anyone reporting security issues if +they did not exploit the issue beyond a proof-of-concept, and followed the +above responsible disclosure practice.</p> </div> <div class="section" id="fees"> <h2>Fees<a class="headerlink" href="#fees" title="Permalink to this headline">¶</a></h2> @@ -120,15 +127,12 @@ We reserve the right to provide different types of rewards to users either in the form of discount for our Services or in any other form at our discretion and without prior notice to you.</p> </div> -<div class="section" id="eligibility"> -<h2>Eligibility<a class="headerlink" href="#eligibility" title="Permalink to this headline">¶</a></h2> +<div class="section" id="eligibility-and-financial-self-responsibility"> +<h2>Eligibility and Financial self-responsibility<a class="headerlink" href="#eligibility-and-financial-self-responsibility" title="Permalink to this headline">¶</a></h2> <p>To be eligible to use our Services, you must be able to form legally binding contracts or have the permission of your legal guardian. By using our Services, you represent and warrant that you meet all eligibility requirements that we outline in these Terms.</p> -</div> -<div class="section" id="financial-self-responsibility"> -<h2>Financial self-responsibility<a class="headerlink" href="#financial-self-responsibility" title="Permalink to this headline">¶</a></h2> <p>You will be responsible for maintaining the availability, integrity and confidentiality of the data stored in your wallet. When you setup a Taler Wallet, you are strongly advised to follow the precautionary measures offered @@ -149,17 +153,6 @@ of Taler Systems SA. You are welcome to use the name in relation to processing payments using the Taler protocol, assuming your use is compatible with an official release from the GNU Project that is not older than two years.</p> </div> -<div class="section" id="your-use-of-our-services"> -<h2>Your use of our services<a class="headerlink" href="#your-use-of-our-services" title="Permalink to this headline">¶</a></h2> -<p>When using our Services, you agree to not take any action that intentionally -imposes an unreasonable load on our infrastructure. If you find security -problems in our Services, you agree to first report them to -<a class="reference external" href="mailto:security%40taler-systems.com">security<span>@</span>taler-systems<span>.</span>com</a> and grant us the right to publish your report. We -warrant that we will ourselves publicly disclose any issues reported within 3 -months, and that we will not prosecute anyone reporting security issues if -they did not exploit the issue beyond a proof-of-concept, and followed the -above responsible disclosure practice.</p> -</div> <div class="section" id="limitation-of-liability-disclaimer-of-warranties"> <h2>Limitation of liability & disclaimer of warranties<a class="headerlink" href="#limitation-of-liability-disclaimer-of-warranties" title="Permalink to this headline">¶</a></h2> <p>You understand and agree that we have no control over, and no duty to take any @@ -172,22 +165,19 @@ Taler Wallet, including, but not limited to your Taler Wallet coins or backup encryption keys. You release us from all liability related to any losses, damages, or claims arising from:</p> <ol class="loweralpha simple"> -<li>user error such as forgotten passwords, incorrectly constructed -transactions;</li> -<li>server failure or data loss;</li> -<li>unauthorized access to the Taler Wallet application;</li> -<li>bugs or other errors in the Taler Wallet software; and</li> -<li>any unauthorized third party activities, including, but not limited to, +<li><p>user error such as forgotten passwords, incorrectly constructed +transactions;</p></li> +<li><p>server failure or data loss;</p></li> +<li><p>unauthorized access to the Taler Wallet application;</p></li> +<li><p>bugs or other errors in the Taler Wallet software; and</p></li> +<li><p>any unauthorized third party activities, including, but not limited to, the use of viruses, phishing, brute forcing, or other means of attack against the Taler Wallet. We make no representations concerning any -Third Party Content contained in or accessed through our Services.</li> +Third Party Content contained in or accessed through our Services.</p></li> </ol> <p>Any other terms, conditions, warranties, or representations associated with such content, are solely between you and such organizations and/or individuals.</p> -</div> -<div class="section" id="limitation-of-liability"> -<h2>Limitation of liability<a class="headerlink" href="#limitation-of-liability" title="Permalink to this headline">¶</a></h2> <p>To the fullest extent permitted by applicable law, in no event will we or any of our officers, directors, representatives, agents, servants, counsel, employees, consultants, lawyers, and other personnel authorized to act, @@ -195,23 +185,23 @@ acting, or purporting to act on our behalf (collectively the “Taler Parties” be liable to you under contract, tort, strict liability, negligence, or any other legal or equitable theory, for:</p> <ol class="loweralpha simple"> -<li>any lost profits, data loss, cost of procurement of substitute goods or +<li><p>any lost profits, data loss, cost of procurement of substitute goods or services, or direct, indirect, incidental, special, punitive, compensatory, -or consequential damages of any kind whatsoever resulting from:</li> +or consequential damages of any kind whatsoever resulting from:</p></li> </ol> <blockquote> <div><ol class="lowerroman simple"> -<li>your use of, or conduct in connection with, our services;</li> -<li>any unauthorized use of your wallet and/or private key due to your -failure to maintain the confidentiality of your wallet;</li> -<li>any interruption or cessation of transmission to or from the services; or</li> -<li>any bugs, viruses, trojan horses, or the like that are found in the Taler +<li><p>your use of, or conduct in connection with, our services;</p></li> +<li><p>any unauthorized use of your wallet and/or private key due to your +failure to maintain the confidentiality of your wallet;</p></li> +<li><p>any interruption or cessation of transmission to or from the services; or</p></li> +<li><p>any bugs, viruses, trojan horses, or the like that are found in the Taler Wallet software or that may be transmitted to or through our services by -any third party (regardless of the source of origination), or</li> +any third party (regardless of the source of origination), or</p></li> </ol> </div></blockquote> <ol class="loweralpha simple" start="2"> -<li>any direct damages.</li> +<li><p>any direct damages.</p></li> </ol> <p>These limitations apply regardless of legal theory, whether based on tort, strict liability, breach of contract, breach of warranty, or any other legal @@ -219,9 +209,6 @@ theory, and whether or not we were advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.</p> -</div> -<div class="section" id="warranty-disclaimer"> -<h2>Warranty disclaimer<a class="headerlink" href="#warranty-disclaimer" title="Permalink to this headline">¶</a></h2> <p>Our services are provided “as is” and without warranty of any kind. To the maximum extent permitted by law, we disclaim all representations and warranties, express or implied, relating to the services and underlying @@ -238,8 +225,8 @@ implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.</p> </div> -<div class="section" id="indemnity"> -<h2>Indemnity<a class="headerlink" href="#indemnity" title="Permalink to this headline">¶</a></h2> +<div class="section" id="indemnity-and-time-limitation-on-claims-and-termination"> +<h2>Indemnity and Time limitation on claims and Termination<a class="headerlink" href="#indemnity-and-time-limitation-on-claims-and-termination" title="Permalink to this headline">¶</a></h2> <p>To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Taler Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but @@ -247,30 +234,14 @@ not limited to, attorney’s fees) arising from: (a) your use of and access to the Services; (b) any feedback or submissions you provide to us concerning the Taler Wallet; (c) your violation of any term of this Agreement; or (d) your violation of any law, rule, or regulation, or the rights of any third party.</p> -</div> -<div class="section" id="time-limitation-on-claims"> -<h2>Time limitation on claims<a class="headerlink" href="#time-limitation-on-claims" title="Permalink to this headline">¶</a></h2> <p>You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arises, otherwise, your claim in permanently barred.</p> -</div> -<div class="section" id="governing-law"> -<h2>Governing law<a class="headerlink" href="#governing-law" title="Permalink to this headline">¶</a></h2> -<p>No matter where you’re located, the laws of Switzerland will govern these -Terms. If any provisions of these Terms are inconsistent with any applicable -law, those provisions will be superseded or modified only to the extent such -provisions are inconsistent. The parties agree to submit to the ordinary -courts in Zurich, Switzerland for exclusive jurisdiction of any dispute -arising out of or related to your use of the Services or your breach of these -Terms.</p> -</div> -<div class="section" id="termination"> -<h2>Termination<a class="headerlink" href="#termination" title="Permalink to this headline">¶</a></h2> <p>In the event of termination concerning your use of our Services, your obligations under this Agreement will still continue.</p> </div> -<div class="section" id="discontinuance-of-services"> -<h2>Discontinuance of services<a class="headerlink" href="#discontinuance-of-services" title="Permalink to this headline">¶</a></h2> +<div class="section" id="discontinuance-of-services-and-force-majeure"> +<h2>Discontinuance of services and Force majeure<a class="headerlink" href="#discontinuance-of-services-and-force-majeure" title="Permalink to this headline">¶</a></h2> <p>We may, in our sole discretion and without cost to you, with or without prior notice, and at any time, modify or discontinue, temporarily or permanently, any portion of our Services. We will use the Taler protocol’s provisions to @@ -280,22 +251,6 @@ three months to observe these notifications. We shall not be held responsible or liable for any loss of funds in the event that we discontinue or depreciate the Services and your Taler Wallet fails to transfer out the coins within a three months notification period.</p> -</div> -<div class="section" id="no-waiver"> -<h2>No waiver<a class="headerlink" href="#no-waiver" title="Permalink to this headline">¶</a></h2> -<p>Our failure to exercise or delay in exercising any right, power, or privilege -under this Agreement shall not operate as a waiver; nor shall any single or -partial exercise of any right, power, or privilege preclude any other or -further exercise thereof.</p> -</div> -<div class="section" id="severability"> -<h2>Severability<a class="headerlink" href="#severability" title="Permalink to this headline">¶</a></h2> -<p>If it turns out that any part of this Agreement is invalid, void, or for any -reason unenforceable, that term will be deemed severable and limited or -eliminated to the minimum extent necessary.</p> -</div> -<div class="section" id="force-majeure"> -<h2>Force majeure<a class="headerlink" href="#force-majeure" title="Permalink to this headline">¶</a></h2> <p>We shall not be held liable for any delays, failure in performance, or interruptions of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: any @@ -306,13 +261,24 @@ services, failure of equipment and/or software, other catastrophe, or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.</p> </div> -<div class="section" id="assignment"> -<h2>Assignment<a class="headerlink" href="#assignment" title="Permalink to this headline">¶</a></h2> +<div class="section" id="governing-law-waivers-severability-and-assignment"> +<h2>Governing law, Waivers, Severability and Assignment<a class="headerlink" href="#governing-law-waivers-severability-and-assignment" title="Permalink to this headline">¶</a></h2> +<p>No matter where you’re located, the laws of Switzerland will govern these +Terms. If any provisions of these Terms are inconsistent with any applicable +law, those provisions will be superseded or modified only to the extent such +provisions are inconsistent. The parties agree to submit to the ordinary +courts in Zurich, Switzerland for exclusive jurisdiction of any dispute +arising out of or related to your use of the Services or your breach of these +Terms.</p> +<p>Our failure to exercise or delay in exercising any right, power, or privilege +under this Agreement shall not operate as a waiver; nor shall any single or +partial exercise of any right, power, or privilege preclude any other or +further exercise thereof.</p> <p>You agree that we may assign any of our rights and/or transfer, sub-contract, or delegate any of our obligations under these Terms.</p> -</div> -<div class="section" id="entire-agreement"> -<h2>Entire agreement<a class="headerlink" href="#entire-agreement" title="Permalink to this headline">¶</a></h2> +<p>If it turns out that any part of this Agreement is invalid, void, or for any +reason unenforceable, that term will be deemed severable and limited or +eliminated to the minimum extent necessary.</p> <p>This Agreement sets forth the entire understanding and agreement as to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings of any kind (including, without limitation, any @@ -328,6 +294,7 @@ message on our contact page at <a class="reference external" href="mailto:legal& </div> + <div class="clearer"></div> </div> </div> </div> diff --git a/contrib/tos/en/0.pdf b/contrib/tos/en/0.pdf Binary files differindex ce3f013c5..bc71d80e2 100644 --- a/contrib/tos/en/0.pdf +++ b/contrib/tos/en/0.pdf diff --git a/contrib/tos/en/0.txt b/contrib/tos/en/0.txt index ce0893faf..c124d70ee 100644 --- a/contrib/tos/en/0.txt +++ b/contrib/tos/en/0.txt @@ -103,6 +103,16 @@ lead to incorrect transfers that cannot be reversed. We will only refuse to execute transfers if the transfers are prohibited by a competent legal authority and we are ordered to do so. +When using our Services, you agree to not take any action that +intentionally imposes an unreasonable load on our infrastructure. If +you find security problems in our Services, you agree to first report +them to security@taler-systems.com and grant us the right to publish +your report. We warrant that we will ourselves publicly disclose any +issues reported within 3 months, and that we will not prosecute anyone +reporting security issues if they did not exploit the issue beyond a +proof-of-concept, and followed the above responsible disclosure +practice. + Fees ==== @@ -123,18 +133,14 @@ rewards to users either in the form of discount for our Services or in any other form at our discretion and without prior notice to you. -Eligibility -=========== +Eligibility and Financial self-responsibility +============================================= To be eligible to use our Services, you must be able to form legally binding contracts or have the permission of your legal guardian. By using our Services, you represent and warrant that you meet all eligibility requirements that we outline in these Terms. - -Financial self-responsibility -============================= - You will be responsible for maintaining the availability, integrity and confidentiality of the data stored in your wallet. When you setup a Taler Wallet, you are strongly advised to follow the precautionary @@ -160,20 +166,6 @@ assuming your use is compatible with an official release from the GNU Project that is not older than two years. -Your use of our services -======================== - -When using our Services, you agree to not take any action that -intentionally imposes an unreasonable load on our infrastructure. If -you find security problems in our Services, you agree to first report -them to security@taler-systems.com and grant us the right to publish -your report. We warrant that we will ourselves publicly disclose any -issues reported within 3 months, and that we will not prosecute anyone -reporting security issues if they did not exploit the issue beyond a -proof-of-concept, and followed the above responsible disclosure -practice. - - Limitation of liability & disclaimer of warranties ================================================== @@ -207,10 +199,6 @@ Any other terms, conditions, warranties, or representations associated with such content, are solely between you and such organizations and/or individuals. - -Limitation of liability -======================= - To the fullest extent permitted by applicable law, in no event will we or any of our officers, directors, representatives, agents, servants, counsel, employees, consultants, lawyers, and other personnel @@ -246,10 +234,6 @@ possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. - -Warranty disclaimer -=================== - Our services are provided "as is" and without warranty of any kind. To the maximum extent permitted by law, we disclaim all representations and warranties, express or implied, relating to the services and @@ -268,8 +252,8 @@ you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state. -Indemnity -========= +Indemnity and Time limitation on claims and Termination +======================================================= To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Taler Parties from and against any @@ -281,36 +265,16 @@ feedback or submissions you provide to us concerning the Taler Wallet; violation of any law, rule, or regulation, or the rights of any third party. - -Time limitation on claims -========================= - You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arises, otherwise, your claim in permanently barred. - -Governing law -============= - -No matter where you’re located, the laws of Switzerland will govern -these Terms. If any provisions of these Terms are inconsistent with -any applicable law, those provisions will be superseded or modified -only to the extent such provisions are inconsistent. The parties agree -to submit to the ordinary courts in Zurich, Switzerland for exclusive -jurisdiction of any dispute arising out of or related to your use of -the Services or your breach of these Terms. - - -Termination -=========== - In the event of termination concerning your use of our Services, your obligations under this Agreement will still continue. -Discontinuance of services -========================== +Discontinuance of services and Force majeure +============================================ We may, in our sole discretion and without cost to you, with or without prior notice, and at any time, modify or discontinue, @@ -323,27 +287,6 @@ of funds in the event that we discontinue or depreciate the Services and your Taler Wallet fails to transfer out the coins within a three months notification period. - -No waiver -========= - -Our failure to exercise or delay in exercising any right, power, or -privilege under this Agreement shall not operate as a waiver; nor -shall any single or partial exercise of any right, power, or privilege -preclude any other or further exercise thereof. - - -Severability -============ - -If it turns out that any part of this Agreement is invalid, void, or -for any reason unenforceable, that term will be deemed severable and -limited or eliminated to the minimum extent necessary. - - -Force majeure -============= - We shall not be held liable for any delays, failure in performance, or interruptions of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not @@ -356,15 +299,28 @@ occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions. -Assignment -========== +Governing law, Waivers, Severability and Assignment +=================================================== + +No matter where you’re located, the laws of Switzerland will govern +these Terms. If any provisions of these Terms are inconsistent with +any applicable law, those provisions will be superseded or modified +only to the extent such provisions are inconsistent. The parties agree +to submit to the ordinary courts in Zurich, Switzerland for exclusive +jurisdiction of any dispute arising out of or related to your use of +the Services or your breach of these Terms. + +Our failure to exercise or delay in exercising any right, power, or +privilege under this Agreement shall not operate as a waiver; nor +shall any single or partial exercise of any right, power, or privilege +preclude any other or further exercise thereof. You agree that we may assign any of our rights and/or transfer, sub- contract, or delegate any of our obligations under these Terms. - -Entire agreement -================ +If it turns out that any part of this Agreement is invalid, void, or +for any reason unenforceable, that term will be deemed severable and +limited or eliminated to the minimum extent necessary. This Agreement sets forth the entire understanding and agreement as to the subject matter hereof and supersedes any and all prior diff --git a/contrib/tos/en/0.xml b/contrib/tos/en/0.xml index 75974dc4d..ee93a4cc1 100644 --- a/contrib/tos/en/0.xml +++ b/contrib/tos/en/0.xml @@ -1,7 +1,7 @@ <?xml version="1.0" encoding="utf-8"?> <!DOCTYPE document PUBLIC "+//IDN docutils.sourceforge.net//DTD Docutils Generic//EN//XML" "http://docutils.sourceforge.net/docs/ref/docutils.dtd"> -<!-- Generated by Docutils 0.14 --> -<document source="/home/grothoff/research/taler/exchange/contrib/tos/tos.rst"> +<!-- Generated by Docutils 0.16 --> +<document source="/research/taler/exchange/contrib/tos/tos.rst"> <section ids="terms-of-service" names="terms\ of\ service"> <title>Terms Of Service</title> <paragraph>Last Updated: 12.4.2019</paragraph> @@ -96,6 +96,14 @@ transfers that cannot be reversed. We will only refuse to execute transfers if the transfers are prohibited by a competent legal authority and we are ordered to do so.</paragraph> + <paragraph>When using our Services, you agree to not take any action that intentionally + imposes an unreasonable load on our infrastructure. If you find security + problems in our Services, you agree to first report them to + <reference refuri="mailto:security@taler-systems.com">security@taler-systems.com</reference> and grant us the right to publish your report. We + warrant that we will ourselves publicly disclose any issues reported within 3 + months, and that we will not prosecute anyone reporting security issues if + they did not exploit the issue beyond a proof-of-concept, and followed the + above responsible disclosure practice.</paragraph> </section> <section ids="fees" names="fees"> <title>Fees</title> @@ -113,15 +121,12 @@ the form of discount for our Services or in any other form at our discretion and without prior notice to you.</paragraph> </section> - <section ids="eligibility" names="eligibility"> - <title>Eligibility</title> + <section ids="eligibility-and-financial-self-responsibility" names="eligibility\ and\ financial\ self-responsibility"> + <title>Eligibility and Financial self-responsibility</title> <paragraph>To be eligible to use our Services, you must be able to form legally binding contracts or have the permission of your legal guardian. By using our Services, you represent and warrant that you meet all eligibility requirements that we outline in these Terms.</paragraph> - </section> - <section ids="financial-self-responsibility" names="financial\ self-responsibility"> - <title>Financial self-responsibility</title> <paragraph>You will be responsible for maintaining the availability, integrity and confidentiality of the data stored in your wallet. When you setup a Taler Wallet, you are strongly advised to follow the precautionary measures offered @@ -142,17 +147,6 @@ payments using the Taler protocol, assuming your use is compatible with an official release from the GNU Project that is not older than two years.</paragraph> </section> - <section ids="your-use-of-our-services" names="your\ use\ of\ our\ services"> - <title>Your use of our services</title> - <paragraph>When using our Services, you agree to not take any action that intentionally - imposes an unreasonable load on our infrastructure. If you find security - problems in our Services, you agree to first report them to - <reference refuri="mailto:security@taler-systems.com">security@taler-systems.com</reference> and grant us the right to publish your report. We - warrant that we will ourselves publicly disclose any issues reported within 3 - months, and that we will not prosecute anyone reporting security issues if - they did not exploit the issue beyond a proof-of-concept, and followed the - above responsible disclosure practice.</paragraph> - </section> <section ids="limitation-of-liability-disclaimer-of-warranties" names="limitation\ of\ liability\ &\ disclaimer\ of\ warranties"> <title>Limitation of liability & disclaimer of warranties</title> <paragraph>You understand and agree that we have no control over, and no duty to take any @@ -188,9 +182,6 @@ <paragraph>Any other terms, conditions, warranties, or representations associated with such content, are solely between you and such organizations and/or individuals.</paragraph> - </section> - <section ids="limitation-of-liability" names="limitation\ of\ liability"> - <title>Limitation of liability</title> <paragraph>To the fullest extent permitted by applicable law, in no event will we or any of our officers, directors, representatives, agents, servants, counsel, employees, consultants, lawyers, and other personnel authorized to act, @@ -234,9 +225,6 @@ damages. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.</paragraph> - </section> - <section ids="warranty-disclaimer" names="warranty\ disclaimer"> - <title>Warranty disclaimer</title> <paragraph>Our services are provided “as is” and without warranty of any kind. To the maximum extent permitted by law, we disclaim all representations and warranties, express or implied, relating to the services and underlying @@ -253,8 +241,8 @@ paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.</paragraph> </section> - <section ids="indemnity" names="indemnity"> - <title>Indemnity</title> + <section ids="indemnity-and-time-limitation-on-claims-and-termination" names="indemnity\ and\ time\ limitation\ on\ claims\ and\ termination"> + <title>Indemnity and Time limitation on claims and Termination</title> <paragraph>To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Taler Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but @@ -262,30 +250,14 @@ the Services; (b) any feedback or submissions you provide to us concerning the Taler Wallet; (c) your violation of any term of this Agreement; or (d) your violation of any law, rule, or regulation, or the rights of any third party.</paragraph> - </section> - <section ids="time-limitation-on-claims" names="time\ limitation\ on\ claims"> - <title>Time limitation on claims</title> <paragraph>You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arises, otherwise, your claim in permanently barred.</paragraph> - </section> - <section ids="governing-law" names="governing\ law"> - <title>Governing law</title> - <paragraph>No matter where you’re located, the laws of Switzerland will govern these - Terms. If any provisions of these Terms are inconsistent with any applicable - law, those provisions will be superseded or modified only to the extent such - provisions are inconsistent. The parties agree to submit to the ordinary - courts in Zurich, Switzerland for exclusive jurisdiction of any dispute - arising out of or related to your use of the Services or your breach of these - Terms.</paragraph> - </section> - <section ids="termination" names="termination"> - <title>Termination</title> <paragraph>In the event of termination concerning your use of our Services, your obligations under this Agreement will still continue.</paragraph> </section> - <section ids="discontinuance-of-services" names="discontinuance\ of\ services"> - <title>Discontinuance of services</title> + <section ids="discontinuance-of-services-and-force-majeure" names="discontinuance\ of\ services\ and\ force\ majeure"> + <title>Discontinuance of services and Force majeure</title> <paragraph>We may, in our sole discretion and without cost to you, with or without prior notice, and at any time, modify or discontinue, temporarily or permanently, any portion of our Services. We will use the Taler protocol’s provisions to @@ -295,22 +267,6 @@ or liable for any loss of funds in the event that we discontinue or depreciate the Services and your Taler Wallet fails to transfer out the coins within a three months notification period.</paragraph> - </section> - <section ids="no-waiver" names="no\ waiver"> - <title>No waiver</title> - <paragraph>Our failure to exercise or delay in exercising any right, power, or privilege - under this Agreement shall not operate as a waiver; nor shall any single or - partial exercise of any right, power, or privilege preclude any other or - further exercise thereof.</paragraph> - </section> - <section ids="severability" names="severability"> - <title>Severability</title> - <paragraph>If it turns out that any part of this Agreement is invalid, void, or for any - reason unenforceable, that term will be deemed severable and limited or - eliminated to the minimum extent necessary.</paragraph> - </section> - <section ids="force-majeure" names="force\ majeure"> - <title>Force majeure</title> <paragraph>We shall not be held liable for any delays, failure in performance, or interruptions of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: any @@ -321,13 +277,24 @@ other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.</paragraph> </section> - <section ids="assignment" names="assignment"> - <title>Assignment</title> + <section ids="governing-law-waivers-severability-and-assignment" names="governing\ law,\ waivers,\ severability\ and\ assignment"> + <title>Governing law, Waivers, Severability and Assignment</title> + <paragraph>No matter where you’re located, the laws of Switzerland will govern these + Terms. If any provisions of these Terms are inconsistent with any applicable + law, those provisions will be superseded or modified only to the extent such + provisions are inconsistent. The parties agree to submit to the ordinary + courts in Zurich, Switzerland for exclusive jurisdiction of any dispute + arising out of or related to your use of the Services or your breach of these + Terms.</paragraph> + <paragraph>Our failure to exercise or delay in exercising any right, power, or privilege + under this Agreement shall not operate as a waiver; nor shall any single or + partial exercise of any right, power, or privilege preclude any other or + further exercise thereof.</paragraph> <paragraph>You agree that we may assign any of our rights and/or transfer, sub-contract, or delegate any of our obligations under these Terms.</paragraph> - </section> - <section ids="entire-agreement" names="entire\ agreement"> - <title>Entire agreement</title> + <paragraph>If it turns out that any part of this Agreement is invalid, void, or for any + reason unenforceable, that term will be deemed severable and limited or + eliminated to the minimum extent necessary.</paragraph> <paragraph>This Agreement sets forth the entire understanding and agreement as to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings of any kind (including, without limitation, any |