Terms of Use

Date of Last Revision: September 21, 2018

1. Acceptance of Terms
a. By (i) using our products, our web site or any other web sites (each, a “Site”) or other online service of BitTorrent Inc., its affiliates and agents (“Company”) with links to these Terms of Use (the “General Terms”) (collectively, the “Services”) in any way, including using, transmitting, downloading or uploading any Materials made available or enabled via the Services by Company or, you, or other users of the Service (“Users”), or (ii) merely browsing the Services, you agree that you have read, understand and agree to these General Terms and the Company Privacy Policy which is incorporated herein by reference. “Materials” means any content made available or enabled by Company, you or other users of the Services and includes, without limitation, any (x) information, data, documents, images, photographs, graphics, audio, videos, or webcasts, (y) products, and (z) Company software code and associated documentation (“Software”). “Company Materials” means those Materials that are made available through the Services by Company or its licensors and specifically do not include Materials made by you or other users of the Services.

b. You may not use the Services if you are prohibited by Law (as defined below in Section 2.d. from receiving or using the Services. Also, unless expressly stated in the Additional Terms for any given Service, you may not use the Services unless you are fully able and competent to enter into the conditions, obligations, representations and other terms of these General Terms and are either of legal age to form a binding contract with Company, possess legal parental or guardian consent or are an emancipated minor.

In particular, you affirm that you are over the age of 13 and acknowledge that these Services were not intended for children under 13.

**2. Use of Services and Materials** **a.** You agree to adhere to all limitations on dissemination, use and reproduction of any Materials that you download or access from the Services.
**b.** Unless expressly agreed to by Company in writing elsewhere, Company has no obligation to store any Materials that you upload, post, email, transmit or otherwise make available through your use of the Services.

c. You agree to use the Services and the Materials only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction (including any laws regarding the export of data or software to and from the United States or other applicable countries) (“Law”).

d. You agree not to access or attempt to access the Services by any means other than the interface provided by Company or circumvent any access or use restrictions put into place to prevent certain uses of the Services.

**3. Proprietary Rights** **a.** The main Services run on software which is open source and freely distributable under the respective licenses.
**b.** The trademarks, logos and service marks displayed on the Services (the **“Marks”**) are the property of Company or third parties. You are not permitted to use the Marks without the prior consent of Company or the third party that may own the Marks.

**4. Privacy Policy** Your privacy is of the upmost importance to us. By using the Services, you are agreeing to the Company’s privacy policy, which can be found [here](https://developers.tron.network/page/privacy-policy).

**5. Termination of Services** Company, in its sole discretion, reserves the right (a) to terminate any user license if such user is violating these Terms of Use, or any applicable laws and regulations; (b) to remove or disable access to all or any portion of the Services; (c) to suspend any user’s access to or use of all or any portion of the Services; and (d) to remove any content from Company’s servers at any time, with or without notice, for any or no reason.

**6. Modifications to Services and Materials** Company may at any time and from time to time modify or discontinue, temporarily or permanently, the Services or Materials, or any portion thereof, with or without notice. You agree that Company shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services or Materials.

**7. Disclaimer of Warranties** THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICES. Furthermore, Company disclaims (a) any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or availability or operability of information or materials displayed on the Services, or the Company website or any of its subpages; (b) any and all responsibility for the conduct of any user of the Services; (c) any and all responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Service, the Company website or any of its subpages; (d) any and all responsibility for any financial gains, losses or tax consequences associated with the your use of the Services and the associated cryptocurrency.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, ACCURATE, RELIABLE OR WILL IN ANYWAY MEET YOUR REQUIREMENTS OR EXPECTATIONS.

**8. Limitation of Liability; Indemnification** UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE SERVICE, THE USE OF THE CRYPTOCURRENCY, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SERVICES; ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THE SERVICES; ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA; ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICES; OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF TORT OR OTHERWISE, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON COMPANY OR THE SERVICES, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
YOU AGREE TO HOLD HARMLESS AND INDEMNIFY COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY ACTION, CAUSE CLAIM, SUIT, JUDGMENT, DAMAGE (ACTUAL AND CONSEQUENTIAL), DEBT, DEMAND, EXPENSE OR LIABILITY (INCLUDING REASONABLE COSTS AND ATTORNEY’S FEES) OF EVERY KIND AND NATURE, ASSERTED BY ANY PERSON, ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICES, THE CRYPTOCURRENCY OR COMPANY WEBSITES.

**9. Term and Termination** These Terms of Use are effective as of the time you first access the Services, and shall continue in full force and effect until terminated as set forth herein. Subject to Section 5, you may terminate your access of or your use of the Services at any time. The terms of Sections 3.b., 4, 7, 8, 9 and 10 shall survive any termination or expiration of these Terms of Use.

**10. Miscellaneous** These Terms of Use shall be governed by and construed in accordance with the laws of the State of California. You agree that any legal action or proceeding between Company and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in the City and County of San Francisco, California, United States. No waiver of any term, provision or condition of these Terms of Use, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. These Terms of Use constitutes the complete and exclusive statement of the agreement between the parties with respect to the Services and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Services. If any action in law or in equity is necessary to enforce the terms of these Terms of Use, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled. The provisions of these Terms of Use are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof. No provisions of these Terms of Use are intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any user, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between the parties to these Terms of Use. Company may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

**11. Storage Disclaimer** BitTorrent File System (BTFS) is a content-addressable and decentralized network. Currently, the BTFS Test network is open to all users. Due to limited disk resources, BitTorrent does not promise to permanently store files and other data uploaded to the BTFS Test network.