These general terms and conditions (hereinafter referred to as the "Terms" or the “Agreement”) are concluded between:
XRPL Commons and the User are hereafter individually referred to as a "Party" and referred to jointly as the "Parties".
XRPL Commons is a French association governed by the law of 1st July 1901 and the decree of 16th August 1901. If you have any questions, comments, or concerns regarding our Terms, please contact us at info@xrpl-commons.org.
Please read these terms of use carefully. By accessing or using the Site, you agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to these Terms, do not use the Site.
XRPL Commons reserves the right to change or modify these Terms at any time in its sole discretion and without prior specific notice to you. XRPL Commons will change the “Version dated” at the top of these Terms when such changes or modifications are made, which shall be effective immediately. Your continued use of the Website will indicate your acceptance of such changed or modified Terms.
XRPL Commons reserves the right, in its sole discretion, to modify, suspend, or cancel the Site or any portion of the Website or services without prior notice to you, and to block or prevent your future access to, and use of, the Site.
By accessing or using the Site, you represent and warrant that you have not previously been suspended or removed from the Site. You 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.
You agree that we have the right to restrict your access to the Site via any technically available methods if we suspect, in our sole discretion, that (a) you are using the Site for any illegal activity; (b) you have engaged in fraudulent activity; (c) you are the target of any sanctions administered or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the United Nations Security Council, the European Union, Her Majesty’s Treasury, or any other legal or regulatory authority in any applicable jurisdiction; (d) you are located, organized, or resident in a country or territory that is, or whose government is, the subject of sanctions, including but not limited to Ivory Coast, Cuba, Belarus, Iran, Iraq, Liberia, North Korea, Russia, Sudan, and Syria; or (e) you have otherwise acted in violation of these Terms. If we have a reasonable suspicion that you are utilizing the Site for illegal purposes, we reserve the right to take whatever action we deem appropriate.
Please refer to our Privacy Policy for information about how XRPL Commons collects, uses and discloses information about its Users.
XRPL Commons has developed the Site, promotes and supports the use of blockchain with a particular focus on XRP Ledger technology (hereinafter referred to as "XRPL") and its interoperability with other blockchains. It seeks to contribute to the development and sustainability of the XRPL blockchain ecosystem with the aim of maintaining an expert, open and participative community.
To this end, XRPL Commons implements the following actions:
XRPL Commons operates as an independent French association, governed by its own by-laws / internal guidelines, and monitored by its own governance rules.
XRPL Commons is not associated with Ripple, the company (ripple.com), or any of its products or services.
This Site should be used for information purposes only. This site does not provide financial advice.
Unless otherwise indicated on the Site, the Site and all content and other materials on the Site, including, without limitation, all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “XRPL Commons Materials”) are the property of XRPL Commons or its licensors or users and are protected by French and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and XRPL Commons Materials subject to these Terms. Except as expressly permitted on the Site, in these Terms or otherwise in writing by XRPL Commons, such license does not include: (a) any resale or commercial use of the Site or the XRPL Commons Materials; (b) the distribution, public performance or public display of any XRPL Commons Materials; (c) modifying or otherwise making any derivative uses of the Site and the XRPL Commons 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 XRPL Commons Materials or any information contained therein; or (f) any use of the Site or the XRPL Commons Materials other than for its intended purpose. Any use of the Site or the XRPL Commons Materials other than as specifically authorized herein, without the prior written permission of XRPL Commons, 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.
The Site may include interactive areas or services (“Interactive Areas”) in which you or other Users may create, write, post, send or store messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code, links or other items or content on the Site (“User Content”). By using the Site, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Site any of the following:
XRPL Commons does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is XRPL Commons liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. When you participate in Interactive Areas, you understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of the Site and the Interactive Areas and use them at your own risk.
If you become aware of User Content that you believe violates these Terms, you may report it by emailing Info@xrpl-commons.org. Enforcement of the Terms, however, is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Site will not contain any content that is prohibited by the Terms. Although XRPL Commons has no obligation to screen, edit or monitor any of the User Content posted on the Site, XRPL Commons reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Site in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
Except as otherwise provided herein, on the Site or in a separate agreement, XRPL Commons claims no ownership or control over any User Content. However, if you post User Content to the Site, you grant XRPL Commons a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on our Site and on third-party sites. By posting User Content, you hereby release XRPL Commons and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content.
By posting User Content to the Site, you represent and warrant that: (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content or you otherwise have the right to post and use such User Content and to grant the rights to XRPL Commons that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with this Site, does not, and will not, violate these Terms or any applicable law, rule or regulation.
You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding XRPL Commons or the Site (collectively, “Feedback”) that are provided by you, whether by email, posting to the Site or otherwise, are non-confidential and will become the sole property of XRPL Commons. XRPL Commons will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You agree to defend, indemnify and hold harmless XRPL Commons, 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.
XRPL COMMONS PROVIDES NO GUARANTEE AS TO THE PERFORMANCE OR THE UNINTERRUPTED AVAILABILITY OF THE SITE OR THE XRPL COMMONS MATERIALS. THE SITE AND XRPL COMMONS MATERIALS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. XRPL COMMONS 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. XRPL COMMONS DOES NOT REPRESENT OR WARRANT THAT XRPL COMMONS MATERIALS OR THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE XRPL COMMONS ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, XRPL COMMONS 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.
XRPL Commons 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 XRPL Commons.
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.
IN NO EVENT WILL XRPL COMMONS, 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 XRPL COMMONS 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 XRPL COMMONS, 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 OR UNAUTHORIZED ACCESS TO XRPL COMMONS'S RECORDS, PROGRAMS OR SITE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF XRPL COMMONS, 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 XRPL COMMONS 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.
XRPL Commons reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that XRPL Commons will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.
The User formally agrees, in advance, that XRPL Commons can assign or transfer to a third party the Terms or all or part of its rights and obligations under the Terms, without notice or prior information for the User.
The Agreement (including, without limitation, these Terms, and the XRPL Commons Privacy Policy) and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms). Any failure by us to exercise or enforce any right or provision of the Agreement (including, without limitation, these Terms) shall not constitute a waiver of such right or provision.
These Terms are written in English. If they are translated into one or more foreign languages, only the English text will be deemed authentic in case of a dispute.
The Site is governed by the laws of France.
These Terms and the relationship between XRPL Commons and the User are also governed by the laws of France. In case of dispute as to the interpretation or execution of the Terms, the Parties will make every effort to find an amicable solution. In the absence of an amicable resolution, the courts of France have sole competence to hear disputes arising from the application of these Terms or resulting directly or indirectly from the use of the Site.
These provisions relating to the applicable law and the competent jurisdictions are applicable subject to the imperative provisions that would have to be applied.
Should you have any question about this Agreement, or wish to contact us for any reason whatsoever, please do so by sending us an email at Info@xrpl-commons.org.