ddThis site is operated by The Hourglass Collective ("Hourglass"). These Terms of Use bind you and any organization you represent by simply visiting, using, or otherwise interacting with our Decentralized Application (DApp) (including accessing it through linked sites). These Terms define your rights and responsibilities regarding our DApp located at https://www.hourglasswait.com. Your use of the DApp is also subject to our Privacy Policy, which details how we manage your information. By accessing the DApp, you acknowledge that you have read and understood the Terms of Use and the Privacy Policy.
These Terms of Use are entered into and create a legally binding agreement by and between you and any organization you are acting on behalf of ("you," "your," or "yourself") and The Hourglass Collective ("Hourglass," "we," "our," or "us"). If you are accessing this website and DApp on behalf of an organization, you understand that "you," "your," and "yourself" refer to that organization. We may change these terms of use at any time. The changes take effect immediately when we post them on our website. By continuing to use our DApp, you agree to the revised terms. You must review the terms of use and privacy policy regularly for updates. If you disagree with any of them, your only option is to stop using our DApp.
We understand the importance of confidentiality and privacy regarding your information. Please click here: link to Privacy Policy for a description of how we may collect, use, and disclose your information in connection with the DApp.
OUR DAPP AND EVERYTHING IT CONTAINS IS PROVIDED "AS IS" AND "AS AVAILABLE." YOU ACKNOWLEDGE AND AGREE THAT RELYING ON AND USING THE DAPP, ITS CONTENT, FEATURES, OR DATA SUBMITTED BY YOU OR OTHERS IS ENTIRELY YOUR RESPONSIBILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, HOURGLASS AND ITS REPRESENTATIVES MAKE NO PROMISES OR GUARANTEES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, REGARDING OUR DAPP, ITS CONTENT, FEATURES, OR ANYTHING RELATED TO THESE TERMS OF USE. THIS INCLUDES, BUT IS NOT LIMITED TO, GUARANTEES OF MERCHANTABILITY, FREEDOM FROM DEFECTS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, QUALITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, OR SPEED OF DELIVERY. NEITHER Hourglass NOR OUR REPRESENTATIVES GUARANTEE THAT THE DAPP OR ITS CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE DAPP OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE DApp, ITS CONTENT, OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH IT WILL MEET YOUR NEEDS OR EXPECTATIONS.
OUR DAPP MIGHT INCLUDE DATA WE RECEIVE FROM THIRD PARTIES. THIS DATA MIGHT HAVE BEEN COLLECTED BY THEM ACCORDING TO THEIR PRIVACY POLICIES AND ANY NECESSARY AUTHORIZATIONS OR CONSENTS. HOURGLASS, ITS OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES, AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY THIRD-PARTY DATA INCLUDED IN THE DAPP OR USED IN ANY SERVICES OFFERED THROUGH OR IN CONNECTION WITH IT. UNLESS OUTLINED IN OTHER HOURGLASS POLICIES, WE ARE NOT RESPONSIBLE FOR ANY THIRD-PARTY DATA INCLUDED IN THE DAPP OR ANY PART OF IT.
Except for cases of gross negligence, willful misconduct, or fraud, Hourglass will not be held responsible for any claims, liabilities, losses, costs, or damages arising from or in connection with your use of the DApp or any services, products, content, or data available from it. This includes but is not limited to, consequential, indirect, incidental, special, punitive, or enhanced damages, lost profits, loss of goodwill, interest, attorney's fees, or any other loss or damages. To the maximum extent permitted by law, and if our liability is not already excluded by the above, our total liability under these terms, our DApp, and any data or information provided on it will be limited to a maximum of one hundred U.S. dollars ($100).
If you violate these Terms of Use, breach your warranties or promises, misuse our DApp, or break the law, you agree to compensate and protect Hourglass and its officers, directors, employees, successors, and assignees from any losses, including claims from third parties. We have the right to control the defense if we are sued for your actions. You cannot settle any lawsuit without our permission unless it involves only monetary damages that you will fully pay.
The Hourglass Collective built the Hourglass Dapp. The Hourglass Collective provides this Service at no cost and is intended for use as is.
This page aims to inform you about our data practices concerning collecting, using, and disclosing your Personal Information when you utilize our Service.
By using our Service, you consent to collecting and using your information as this Privacy Policy outlines. The Personal Information we gather is solely utilized to provide and enhance the Service. We do not divulge or share your information with any external parties except as expressly detailed in this Privacy Policy.
The terms used in this Privacy Policy align with those defined in our Terms and Conditions, accessible at [URL], unless otherwise specified here.
To enhance your experience while using our Service, we may request specific personally identifiable information from you. This Privacy Policy outlines that the information we retain and utilize is essential for optimal experience delivery.
The DApp uses third-party services that may collect information to identify you. We respect your privacy, but to ensure optimal app functionality and resolve any errors, we collect Log Data from your device in specific instances. This data is gathered through third-party products and includes your IP address, device name, OS version, app settings, usage time and date, and other statistics. We use this information solely for troubleshooting and service improvement.
Cookies are tiny data files that act as unique identifiers for your device. Websites often send them to your browser, storing them on your device's memory for various purposes.
While our Service itself does not directly use cookies, third-party code, and libraries within the app may utilize them to collect information and enhance their services. You have complete control over whether to accept or decline these cookies, and you will be notified when they are being sent to your device. It is important to note that refusing cookies might limit your access to certain Service features.
Our Service may contain links to external sites. Please be aware that our Privacy Policy does not govern these sites. We recommend carefully reviewing the privacy practices of any third-party sites you visit to ensure your personal information is protected per your preferences.
This Service is not intended for individuals under the age of 18, and we do not knowingly collect personally identifiable information from children under that age. If we discover a child under 18 has provided us with personal information, we will immediately delete it from our servers. Parents or guardians of children who may have provided such information are encouraged to contact us so we can take the necessary steps.
We regularly review and update our Privacy Policy to ensure it reflects the latest changes in our practices and regulations. We encourage you to visit this page periodically to stay informed of any revisions. Any updates will be published here and will take effect immediately upon posting.
Your privacy matters to us. If you have any questions or suggestions about our Privacy Policy, please do not hesitate to reach out at [contact email]. We always here to help.
By accessing the Services (defined below), including but not limited to directly or indirectly linking your Digital Wallet (defined below) to the Services through a third-party site or Service or using any part of the Services, you agree to be bound by these Staking Terms of Use ("Terms"). This Agreement is made and creates a legally binding contract between you and any organization you represent ("you" or "your") and The Hourglass Collective ("Hourglass," "we," "our," or "us").
These Terms are in addition to and do not modify or replace the Hourglass Privacy Policy or the General Terms of Use incorporated herein by reference. In the event of any conflict, these Terms will govern to the extent that such conflict relates to the Services or any staking conducted under or in connection with these Terms.
We may modify these Terms at any time and for any reason. The modified Terms will be effective immediately upon posting on our website or Decentralized Application (DApp). By continuing to link your Digital Wallet to the Services or use the Services, you agree to the modified Terms. You are responsible for reviewing the Terms and any amendments or modifications. If you disagree with the Terms, your only remedy is to stop using the Services and the DApp.
In light of the above, we expressly disclaim any liability for any losses or damages you may experience in connection with these risks
The Hourglass Collective and its affiliates are not legal, tax, financial, or investment professionals. We do not provide advice on these matters. Every situation is unique, so please consult a qualified professional before making financial decisions. Using our services:
By using the Services, you acknowledge and accept the inherent risks associated with cryptographic systems, including:
WE FURTHER DISCLAIM ANY LIABILITY FOR ANY LOSSES RESULTING FROM OR IN CONNECTION WITH SLASHING PENALTIES.
IN THE EVENT OUR LIABILITY IS NOT ALREADY EXCLUDED BY THE PREVIOUS CLAUSE, OUR AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THESE STAKING TERMS OF USE SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
You agree to indemnify, defend, and hold harmless us, our representatives, officers, directors, employees, successors, and assignees from and against any and all losses, liabilities, damages, costs, and expenses (including attorneys' fees) arising from or in connection with (i) your breach of these Staking Terms of Use, including any failure to comply with the terms and conditions outlined in this document, (ii) your breach of any representations, warranties, or covenants made herein, such as misrepresentations about your identity, qualifications, or the ownership of Digital Assets, (iii) your use of the Services or DApp in violation of these Terms, which may include unauthorized access, improper use of features, or attempts to disrupt the operation of the platform, (iv) your infringement, misappropriation, or violation of the rights of any third party, such as intellectual property rights, privacy rights, or contractual obligations, (v) any content, materials, or information in any form or medium that you submit, post, upload, provide, contribute, or make available (or authorize us to do so) through the Services or DApp, including content that is harmful, offensive, or illegal, (vi) your violation of any law or applicable regulation, such as laws governing financial transactions, securities, or data privacy.
In the event you are obligated to indemnify us, we reserve the right to control any legal action or proceeding related to such claims at our own expense. You may not settle any claim without our prior written consent unless the settlement solely involves monetary damages you fully pay.
A "Force Majeure Event" shall mean any event beyond the reasonable control of the affected party, including, but not limited to, the following, embargoes, acts of war (declared or undeclared), insurrections, riots, civil commotions, acts of terrorism, strikes, lockouts, other labor disturbances, pandemics, epidemics, acts of God.
The affected party shall notify the other party of any Force Majeure Event as soon as reasonably practicable. The affected party shall also make reasonable efforts to mitigate the effects of the Force Majeure Event.
All claims, disputes, or controversies arising from or relating to the Services or these Staking Terms of Use (including the arbitrability of any claim, dispute, or controversy) or the breach, termination, enforcement, interpretation, validity, or scope hereof shall be resolved by private, confidential, and binding arbitration.
A single arbitrator shall conduct such arbitration. The arbitrator shall be appointed by written Agreement of the parties. In the absence of an agreement, a judge shall appoint the arbitrator upon the application of either party. Arbitration shall be held in California unless otherwise agreed upon by the parties in writing. In writing, the parties shall agree upon the arbitration procedure to be followed. Without an agreement, the arbitrator shall determine the procedure. The parties shall follow the Commercial Arbitration Rules of the American Arbitration Association.
The arbitrator's judgment may be entered in any court having competent jurisdiction.
If the arbitrator determines that the evidence produced through the arbitration process is insufficient to support a decision, the arbitrator may conclude the arbitration proceedings without a decision.