Please read these Terms and Conditions (“Terms”) carefully as they form a binding legal agreement between you and Hector Network Inc., with its registered seat at Trinity Chambers, PO Box 4301, Road Town, Tortola, British Virgin Islands, (“Hector Network”, “us”, “we” and its affiliates). This site and any other sites of Hector Network (collectively, the “Site”) are controlled by Hector Network. The Site includes a marketplace to buy, sell, trade and display digital items (“Digital Items”). These Terms govern the use of the Site and apply to all visitors on the Site (referred to as “Users” and “Account Holders”) and services and resources available or enabled via the Site, (each a “Service” and collectively, the “Services”) in addition to other policies we post including our Privacy Notice.
By using the Services or browsing the Site, you represent that (1) you have read, understand, and agree to be bound by the terms, (2) you are 18 years or older, or of the age of majority in your local jurisdiction, whichever is higher, and legally capable of forming a binding contract with Hector Network, (3) you have the authority to enter into the Terms personally or on behalf of the legal entity for whom you are using the Services. The term “you” refers to you individually or the legal entity on whose behalf you use the Services, as applicable. If you do not agree to be bound by the Terms, you may not access or use the Services.
Our Services are subject to our business policies, practices and procedures, which can change at any time. Hector Network may modify these Terms at any time and in our sole discretion. If we do so, we will change the “Last Update Date” at the beginning of these Terms. By continuing to use the Services following an update to these Terms you consent to the Terms.
Disclaimer on the Services Provided
HECTOR NETWORK IS A PLATFORM AND SECONDARY MARKET FOR THE SELLING AND BUYING OF DIGITAL ITEMS. WE ARE NOT A BANK, SECURITIES FIRM, FINANCIAL INSTITUTION, DLT TRADING FACILITY, FINANCIAL SERVICES PROVIDER OR PROVIDER OF SIMILAR SERVICES AND DO NOT PROVIDE INVESTMENT OR FINANCIAL ADVICE, FINANCIAL SERVICES OR CONSULTING SERVICES TO USERS OF THE SERVICES. WE ARE SOLELY THE PROVIDER OF THE SERVICES AS DEFINED ABOVE.
DIGITAL ITEMS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE FANTOM NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE FANTOM NETWORK. WE DO NOT GUARANTEE THAT THE HECTOR NETWORK PLATFORM CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY DIGITAL ITEMS.
YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF DIGITAL ITEMS YOU PURCHASE ON HECTOR NETWORK. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, HECTOR NETWORK MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF DIGITAL ITEMS ON THE SITE.
HECTOR NETWORK DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME, OR THAT THE RESULTS OBTAINED FROM THE SERVICES WILL MEET USER’S NEEDS.
Connecting your wallet and creating a profile
The full Site, and the ability to create Digital Items on the Site is only accessible by creating an account. By creating a profile with us, you become an Account Holder (a ‘Account Holders’). You can use our Services through connecting your Metamask through WalletConnect. Once you have connected a wallet you may edit your public profile. You may also get verified, follow/unfollow other profiles and submit a request to become a publisher.
You are solely responsible for the information you supply in your profile and for anything that occurs when anyone uses your connected profile, as well as the security of the profile. Please contact us immediately if you believe your account is compromised.
Hector Network reserves the right to terminate your profile at any time for any reason or if these Terms are breached.
Hector Network may require you to provide additional information and documents at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-laundering of incomes obtained by criminal means, or for counteracting financing of terrorism.
Digital Item Listings
Once registered, Account Holders may mint collections, whether a Single Collection NFT (721) or a Multiple Collection NFT (1155) (collectively ‘Listings’). Instant and lazy (just in time) is available on the Site.
Account Holders are able to control the details of their Listings including the collection title, title of the Digital Item, and Digital Item description, tags, properties and levels.
Account Holders may set the price for the Listings, set any royalty percentage, or sell the Listing via an auction. The price may be determined by the Signed In User or through the automatic calculator available during the Digital Item creation.
When a Listing is made available on the Site, it can be purchased by a User. When a User makes a Purchase, any royalties are determined by the Account holder who uploaded the Listing.
Listings may contain special content which is unlocked once a User purchases the Digital Item. Account Holders also have the ability to freeze and store NFT media on the IPFS node.
If a Multiple Collection NFT is created, the Signed In User may list existing multiple collections for sale in addition to selling the Digital Item based on an offer.
Using the Site as a User
A User is someone who selects a Digital Item on the Site and chooses to purchase it (“Purchase”). Some Digital Items are part of ongoing bids and therefore a User’s bid will only be executed if they placed the highest bid (“Auction”). By choosing a Digital Item to buy, whether through a Purchase or an Auction, the User acknowledges and agrees that the action is irrevocable and cannot be amended or corrected. The purchase is complete when the User digitally signs on the Site, and the Digital Item is transferred to their connected wallet.
All Purchases on the Site are made on the Fantom network. The Site currently supports FTM for fix price purchases and WFTM for bids and offers.
When a User buys a Digital Item through the Services, the User owns the Digital Item that represents the Digital Item on the blockchain. Intellectual property rights will differ between Digital Items and it is important Users verify the intellectual rights they are acquiring. The User can not claim copyrights, trademarks, or other intellectual property rights, can not use the Digital Item in a commercial context, can not degrade the Digital Item by sharing it in a hateful or intolerant manner and can not create additional Digital Items that represent the same Digital Item.
Hector Network is not liable for any Digital Items uploaded on the Site. As a User, You are advised to do your own research before buying any Digital Item. Please confirm that the collection title, description, creative fields, properties and levels match the project you are intending to buy. If you are in doubt, please direct any queries to the project which first minted the Digital Item, if not on the Site.
As a User you must understand and agree that in the event that you deposit a Digital Item into the incorrect address, we may not have the ability, and are under no obligation or duty, to return such Digital Items to you. This section applies regardless of whether we control the destination address.
As a User on the Site you also have limited interactions with Listings including viewing the followers, likes and comments, sharing Digital Items, sharing a profile and sharing a Collection.
While Hector Network does strive to maintain the most up to date pricing information for Listings, we can not guarantee the information displayed on the Site. As a User, you understand and agree that Hector Network is not responsible for the accuracy, timeliness or completeness of such Listings.
Creators of Listings are not verified by Hector Network, unless they are marked as completing the verification process.
IN NO EVENT WILL HECTOR NETWORK BE LIABLE FOR THE FAILURE TO ACQUIRE AN DIGITAL ITEM.
You are liable for all Fantom blockchain transaction fees arising out of your use of the Services.
Hector Network collects revenue on applicable fees which we display when you interact with the Site. You acknowledge and agree that on the sale of Digital Assets, Hector Network will charge a platform fee which ranges between 1 to 4% of the selling price.
Unless specified and agreed otherwise, all fees related to access to and use of the Services are immediately due.
Use of the Services by all Users
The Services, and the information and content available (“Hector Network Content”) are protected worldwide by copyright, trademark, or other intellectual property protection legally available. Subject to the Terms, Hector Network grants you a limited license to reproduce portions of Hector Network Content solely as required to use the Services for your personal or internal business purposes. Unless otherwise specified by Hector Network in a separate license, your right to use any Hector Network Content is subject to these Terms.
Subject to your compliance with the Terms, Hector Network grants you a non- assignable, non-transferable, non-sub-licensable, revocable, and non-exclusive license to use the Services on devices you own or control solely for your personal or internal business purposes. You are responsible for the security of the devices through which the Services are used, including ensuring that you keep current and updated antivirus software, and otherwise protect the device on which the Services are used against malware. While Hector Network aims to keep the Services free of malware, Hector Network does not warrant that the Services are malware-free and Hector Network has no liability in relation to any malware occurring in the Services. Hector Network is not responsible for any loss or damages – including but not limited to loss of funds or lockout from accounts accessed via the Services – resulting from your failure to keep the device on which Services are used, safe and free of any malware. Hector Network cannot recover passwords or unlock account information stored on the Services in any circumstances, including if the Services are compromised by malware on your computer. It is your sole responsibility to take all reasonable precautions to keep your passwords, account and wallet information secure.
The Services are evolving and you are required to accept or install updates to Services, or update third-party software (i.e., browsers, hardware wallet firmware, hardware wallet bridge, or OS) in order to keep using the Services or access their latest features, including security updates. We may update the Services at any time, without providing notice.
The Services may provide access to, integrate, or create user interfaces or interactions with applications and/or services hosted by third parties, including wallet providers and other services (collectively, “Third Party Services”). You understand and agree that all cryptocurrency exchanges provided through the Third Party Services are executed by Third Party Services providers, and that Hector Network does not itself directly exchange virtual currencies or provide any of the Third Party Services. Access to Third Party Services may be geo-blocked for residents of certain countries. You agree that it is impossible for Hector Network to monitor Third Party Services and that you access them at your own risk. Do not share any credential, private key, or other sensitive information with any third party without validating their legitimacy. Third Party Services are available to you, subject to the terms and conditions of each Third Party Services provider. To the extent Third Party Services have terms that differ from these Terms, you may be required to agree to those terms in order to access the Third Party Services. You agree to only use any Third Party Services in compliance with the terms and conditions governing such Third Party Services. Although we do our best to only provide links to credible and reliable Third Party Services, we do not control the terms, policies, or performance of any third parties, and we are not responsible for any performance, or failure to perform, of any Third Party Services, including but not limited to exchange rates, processing of transactions, and similar activities. We do not provide customer support for transactions and/or services performed by Third Party Services providers. We do not guarantee that these Third Party Services are secure (although we do our best to include only the reliable ones). We do not guarantee that the Third Party Services' instructions and libraries used for any interactions are correct and without any errors.
Hector Network is entitled, at its discretion, to permanently or temporarily suspend User’s access to and use of (any of) the Services without any prior notice unless legally required, and for any reason, including but not limited to planned downtime, unscheduled downtime, suspicion of malicious code or a security issue connected to the User’s wallet or breach of these Terms.
Hector Network (and/or its suppliers, where applicable) owns all right, title and interest in and to the Hector Network Content and the Services. You shall not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Hector Network Content and/or the Services.
Hector Network and other related graphics, logos, service marks and trade names including but not limited to Hector Network Content used on or in connection with the Services and are intellectual property of Hector Network and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners including but not limited to Hector Network’s suppliers.
By posting, displaying, sharing or distributing User Content on or through the Services, you grant us, and the provider of any Third Party Services used in connection with the Services, a non-exclusive license to use the User Content solely for the purpose of operating the Services. Except as prohibited by applicable law, we may disclose any information in our possession (including User Content) in connection with your use of the Services, to (a) comply with any applicable law, regulation and/or order of a competent authority; (b) enforce these Terms, (c) respond to your requests for customer service, (d) protect the rights, property or personal safety of Hector Network, our employees, directors, officers, partners, suppliers, customers, agents, or members of the public, or (e) for any other purpose legally possible reasonably determined by us.
You may provide ideas, suggestions, documents, and/or proposals about the Services to Hector Network through any means (“Feedback”), and you grant Hector Network a fully paid, royalty-free, perpetual, irrevocable, worldwide, exclusive, and sub-licensable right and license to use Feedback for any purpose.
You agree not to (1) distribute, publish, broadcast, reproduce, copy, retransmit, or publicly display any User Content or Hector Network Content; (2) modify or create derivative works from the Site, User Content or Hector Network Content, or any portion thereof; (3) use any data mining, robots, or similar data gathering or extraction methods on the Site, User Content or Hector Network Content; (4) download any portion of the Site, User Content or Hector Network Content, other than for purposes of page caching, except as expressly permitted by us.
Limitations on usage
You may not use the Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction where your use of the Services would be illegal or where your use of the Services would amount to any violation of any applicable law either by you or by Hector Network, which is your obligation to check before using the Services. You also may not use the Services if you are located in, or a citizen or resident of, any other jurisdiction where Hector Network has determined, at its discretion, to prohibit the use of the Services. We may implement controls to restrict access to the Services from any jurisdiction prohibited pursuant to these Terms. You agree to comply with these Terms even if our methods to prevent the use of the Services are not effective or can be bypassed.
By accessing the Services, you agree not to:
license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or Hector Network Content, or any portion thereof;
frame or enclose any trademark, logo, or other Hector Network Content, (including images, text, page layout or form);
use any metatags or other “hidden text” using Hector Network’s name or trademarks;
modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services (except to the extent this restriction is expressly prohibited by applicable law);
use any manual or automated software, devices or other processes (including spiders or other data mining tools) to “scrape” or download data from any web pages in the Site or from the Services, except that we grant operators of public search engines a revocable permission to do so for the sole purpose of creating publicly available searchable indices (but not caches or archives) of such content;
access the Services in order to build similar or competitive services;
copy, reproduce, distribute, republish, download, display, post or transmit any Hector Network Content except as expressly permitted herein;
engage in any potentially harmful acts directed against the Services, including violating any security features, introducing malware, viruses, worms, or similar harmful code into the Services;
artificially increases view counts, favorites, volume, or other metrics that Hector Network might use to sort search results; and
remove or destroy any copyright notices or other proprietary markings contained on or in the Services or Hector Network Content. Hector Network, its suppliers and service providers reserve all rights not expressly granted by these Terms;
Use the Service from Belarus, Cuba, Crimea, Democratic Republic of Congo, Iran, Iraq, North Korea (DPRK), Sudan, South Sudan, Syria, Zimbabwe or facilitate transactions involving individuals sanctioned by the government of the previously stated countries or any other state, country, territory or other jurisdiction where your use of the services would be illegal or where your use of the Services would amount to any violation of any applicable laws either by you or by Hector Network;
Use the Services to carry out any illegal activities, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Service. Any unauthorized use of the Services terminates the licenses and/or rights granted by Hector Network to you herein.
This section specifies our community guidelines and the User Content and Digital Assets Listings you are forbidden to use the Services for (the “Community Guidelines”). Any breach of the Community Guidelines can be reported by any User.
Hector Network will not pre-screen or monitor the content posted by you. By assessing our Services you must follow our Community Guidelines and our Terms. If you see a violation of our Community Guidelines please contact us at firstname.lastname@example.org. This mechanism ensures that our Site offers the widest selection of Digital Items possible while promoting trust, respect, and adherence to the law.
In the event a User does not follow our Community Guidelines, the User’s actions will constitute a breach of these Terms and their Account shall be suspended as described under section 6.7. The following content shall not be provided on the Site:
User Content and Digital Assets Listings that include metadata which violates international or local intellectual property laws, promotes suicide or self-harm, incites hate or violence against others, degrades another individual, depicts minors in sexually suggestive situations;
User Content and Digital Assets Listings with a primary or substantial purpose in a game or application that violates international intellectual property laws, promotes suicide or self-harm, incites hate or violence against others, degrades another individual, depicts minors in sexually suggestive situations;
User Content and Digital Assets Listings created or used primarily or substantially for the purpose of raising funds for the known terrorist organizations;
User Content and Digital Assets Listings which allow for the sale of stolen assets, converted assets, fraudulently obtained assets, assets taken without authorization.
User Content and Digital Assets Listings which infringes any intellectual property rights of any person or entity;
User Content and Digital Assets Listings which are against good morals, unlawful, threatening, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, or offensive;
User Content and Digital Assets Listings which are unauthorized or unsolicited advertising, junk or bulk email;
User Content and Digital Assets Listings which involve commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
User Content and Digital Assets Listings which uses the Service to participate in fundraising for a business, protocol, or platform, including but not limited to creating, listing, or buying assets that are redeemable for financial instruments, assets that give owners rights to participate in an ICO or any securities offering, or assets that entitle owners to financial rewards, including but not limited to, DeFi yield bonuses, staking bonuses, and burn discounts.
Hector Network may at its sole discretion remove any User Content and Digital Assets Listings, if it breaches the outlined Community Guidelines. We carefully consider the complete situation and all its details in light of our policies before deciding to remove inappropriate Digital Items, and Listings when they're brought to our attention.
User Content and Digital Assets Listings that Hector Network deems inappropriate, disruptive, or illegal are prohibited on Hector Network. Hector Network reserves the right to determine the appropriateness of User Content and Digital Assets Listings on its site and remove any listing at any time, and we will take corrective actions, as appropriate, including but not limited to removing the User Content and Digital Assets Listings. Hector Network cannot destroy or impound the Digital Item outside of the Site, but we reserve the right to destroy inappropriate metadata stored on our servers.
Although Hector Network does not generally monitor your use of the Services, if Hector Network becomes aware of or suspects any possible violations by you of any provision of the Terms or any applicable law, Hector Network may investigate such violations and, at its sole discretion, take any actions it deems appropriate including but not limited to terminating your access to the Services, putting your access to the Services on hold, putting your account on hold or terminating it permanently.
You agree to indemnify and hold Hector Network harmless from any losses, costs, liabilities and expenses (including legal fees) relating to or arising out of:
your use of, or inability to use, the Services;
your violation of the Terms;
your violation of any rights of another party, including but not limited to any other users of the Services; or
your violation of any applicable laws, rules, orders or regulations.
Hector Network may, at its own discretion, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall fully cooperate with Hector Network in asserting any available defenses. This provision does not require you to indemnify Hector Network for any fraud, gross negligence, or willful misconduct of Hector Network.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND HECTOR NETWORK EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL RISK OF USE OF THE SERVICES RESTS ENTIRELY WITH YOU.
HECTOR NETWORK IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD HECTOR NETWORK LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON OR ACCESSED VIA THE SERVICES, INCLUDING THE USE OF THIRD PARTY SERVICES. THE RISK OF DAMAGE, LOSS OR INJURY FROM USE OF SUCH THIRD PARTY SERVICES RESTS ENTIRELY WITH YOU.
Limitation of Liability
IN NO EVENT WILL HECTOR NETWORK BE LIABLE FOR ANY LOST PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT HECTOR NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY ASSERTED.
UNDER NO CIRCUMSTANCES WILL HECTOR NETWORK BE LIABLE TO YOU FOR DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES.
HECTOR NETWORK IS NOT LIABLE FOR THE FOLLOWING SERVICES AND HECTOR NETWORK DOES NOT UNDERTAKE ANY LIABILITY IN THIS RESPECT: THE SALE, PURCHASE OR OTHER TRADING OF CRYPTOCURRENCY AND OTHER DIGITAL ITEMS, EXCHANGE SERVICES BETWEEN CRYPTOCURRENCIES AND FIAT CURRENCIES, COMMUNICATION NETWORK SERVICES (SUCH AS THE USE OF INTERNET CONNECTION REQUIRED FOR THE USE OF THE SERVICES).
THE LIMITATIONS IN THIS SECTION WILL NOT APPLY TO DAMAGES CAUSED BY FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF HECTOR NETWORK, OR TO THE EXTENT SUCH LIMITATIONS ARE PRECLUDED BY APPLICABLE LAW (IN WHICH CASE HECTOR NETWORK’ LIABILITY SHALL BE INCREASED TO THE MINIMUM AMOUNT REQUIRED TO COMPLY WITH SUCH LAW).
IF ANY DISCLAIMER OR LIMITATION IS DEEMED INVALID, UNENFORCEABLE OR INEFFECTIVE BY THE APPLICABLE LAW, SUCH DISCLAIMER OR LIMITATION SHALL BE DEEMED MODIFIED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW.
Term and Termination
These Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect for so long as you access or use the Services, unless terminated earlier in accordance with the Terms.
Hector Network may, at any time and for any reason, cease providing any or all of the Services, and/or terminate the Terms. Without limiting the foregoing, we may also terminate your access to any or all of the Hector Network Content and/or the Services.
Upon termination of the Services, your right to use the Services will automatically terminate immediately. Hector Network will not have any liability whatsoever to you for any suspension or termination. All provisions of the Terms which by their nature should survive termination of these Terms or the Services will do so.
Communications to you from Hector Network use electronic means, whether made via the Services or sent via email, or whether Hector Network posts notices on the Services. For contractual purposes, you (1) consent to receive communications from Hector Network in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Hector Network provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing in a physical copy. The foregoing shall not affect your statutory rights.
The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Hector Network’ prior written consent.
Hector Network will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, pandemics or epidemics, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
DUE TO THE NATURE OF HECTOR NETWORK NO REFUNDS ARE ALLOWED.
If you have any questions, complaints or claims with respect to the Services, please contact us at email@example.com. We will do our best to address your concerns.
These Terms and any action related thereto shall be governed by and shall be construed in accordance with the laws of the British Virgin Islands. All claims and disputes arising under or relating to this Agreement are to be settled exclusively by the competent courts of the British Virgin Islands.
If you provide Hector Network with an email address, you are responsible for providing your most current and correct email address. In the event that the last email address you provided to Hector Network is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Terms, Hector Network’s dispatch of the email containing such notice will nonetheless constitute effective notice.
Any waiver of any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. Any delay or failure in exercising any right shall not constitute a waiver unless such waiver is confirmed in writing.
If any part of any section of these Terms is held invalid or unenforceable, that part will be construed in a manner to reflect, as nearly as possible, its original meaning while remaining valid and enforceable or if not possible shall be deemed deleted and the remaining part of the section and/or of these Terms will remain in full force and effect.
These Terms are the final, complete and exclusive agreement between you and Hector Network with respect to the subject matter hereof and supersedes and merges all prior discussions, agreements or representations between you and Hector Network with respect to such subject matter.