Terms of Use

Our vision is to help people from around the world safely and securely earn cryptocurrencies from any device. These Terms of Service (these “Terms”) are entered into by and between you and Silver Stonks, Inc., a Spanish corporation, and its affiliates, subsidiaries and related companies, (collectively, the “Company” and “we”, “us” and their derivatives). These Terms apply to and govern your use of the websites, products, apps, browser extensions and services that we make available to you, including, without limitation, the silverstonks.io website (the “Website”), and any other products, including those that may be introduced from time to time in the future and any trial versions thereof (collectively, the “Services”).

These Terms contain important information about your rights and obligations with respect to the Services, as well as conditions, limitations and exclusions that might apply to you. Please read these Terms carefully. These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. By using any of the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use any of the Services.

1. Modification of Terms
We reserve the right, at any time, to modify, alter or update these Terms. Any modifications, alterations or updates will become effective immediately once they are posted on the Website. Your continued use of the Service after any modifications, alterations or updates are posted constitutes an acknowledgement and acceptance of these Terms as-modified, altered or updated. Except as provided in this paragraph, these Terms may not be amended. These Terms are a legal contract between you and the Company.

2. Privacy Policy
Our practices concerning the collection, use, disclosure and other processing of your personal information are described in our Privacy Policy. Please review our Privacy Policy for more information.

3. Accessing the Services

  • Generally. The Services are provided online. You are solely responsible for making all arrangements necessary for you to access the Services (e.g., computer, modem, internet access, etc.)
  • Registration. To access certain Services, you may be asked to provide certain registration details or other information. You agree that all information you provide to us will be correct, current and complete and that you will update such information as needed to keep it correct, current and complete.
  • Account Information. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any other person or entity. You also acknowledge that any account you create through the Services is personal to you and agree not to provide any other person with access to the Services using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
  • Limited Right to Use Services; Termination of Access to Services. By agreeing to these Terms, you are granted a limited, revocable, personal, non-transferrable, non-exclusive license to access the Services that are publicly accessible and to which you are properly enrolled or subscribed. Your use of any Services is subject in all respects to these Terms and any other documentation (including agreements) that we may provide or make available to you in connection with your use of a given Service. Any and all such additional documentation is incorporated into these Terms by reference. We have the right to terminate or disable your access the Services (or any portion of them) and/or any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. For clarity, your right display material that exploits children under 18 years of age;
  • to use the Services under these Terms will end immediately upon our termination or disabling of your access to the Services.
  • Rights Reserved. Except as expressly set forth in these Terms or other written agreement between you and the Company, no license or other right in or to the Services are granted to you, by implication, estoppel or otherwise, and all such licenses and rights are hereby reserved.

 

4. Restrictions on Use of Services
You may not use any of the Services to:

  • obtain any prizes or valuable object by using botnets or automated systems, or by deceit or misrepresentation in any way;
  • post or transmit any information, data, text, images, files, links, software, chat, communication, or other content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful, or threatening to any group defined by race, religion, gender, national origin, or sexual orientation, or that the Company determines in its sole discretion is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive;
  • violate any local, state, federal, national, or international law (including any legislation governing data or software export to and from the United States or other nations);
  • sell or advertise any items or services that have not been approved;
  • introduce viruses, worms, Trojan horses, and/or any other malicious programming;
  • post any material or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;
  • promote, solicit or participate in multi-level marketing or pyramid schemes;
  • harass, embarrass or cause distress or discomfort upon another participant, user or other individual or entity;
  • impersonate any other person, including a customer, supplier, the Company or any person associated with the Company;
  • without their consent (or their parent’s approval in the event of a kid under 18 years of age), publish or reveal any personally identifying information or private information about minors or any third parties;
  • any unsolicited advertising, promotional materials, or other forms of solicitation;
  • publish or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation;
  • while using or accessing the Services, or in conjunction with your use of the Services, deliberately or unintentionally violate any relevant local, state, national, or foreign law, including any rules having the force of law; or
  • Invade a person’s or entity’s privacy or breach any personal or private right (including intellectual property rights).

 

Additionally, you may not:

modify, adapt, or create derivative works based on any of the Services (including by distributing APK or extension files of any of the Services); distribute the Services or allow third parties to access the Services using the credentials that you use to access the Services; modify, adapt, or create derivative works based on any of the Services Delete or change any copyright, trademark, or other proprietary rights notices from the Services;“frame” or “mirror” any of the Company’s content made available through the Website, or create Internet “links” to or from the Website; or disassemble, reverse engineer, or decompile the Services or any content made available through them, including to build a competitive product or service, build a product or service that is similar to the Services; or copy any ideas, features, functions or graphics.

Any use of the Services (or any portion of them) that is not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

5. Intellectual Property
© 2021-2022 Silver Stonks, Inc.
The Company, its licensors, or other providers of such material own the Services and all content, features, and functionality included or available on or through them, including information, text, graphics, interfaces, and the design, selection, and arrangements of the Services, and all rights are reserved under international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Services and all content, features and functionality included or available on or through them, including information, text, graphics, interfaces and the design, selection and arrangements of the Services, are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, with all rights reserved. Without the prior written permission of an authorized officer of the Company, any use of materials available on, through, or in connection with the Services, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, is strictly prohibited.

The Company’s trademarks, as well as associated logos, designs, and composite marks., are those of the Company. All third-party trademarks featured in the Services are the property of their respective owners and do not constitute an endorsement or recommendation of those third parties. Furthermore, the Company’s use of trademarks or links to third-party websites is not meant to suggest that those third parties endorse or are affiliated with the Company, either directly or indirectly.

6. Silver Stonks Shopping Program

  • Generally. The Company may offer the Silver Stonks Shopping Program (the “Program”), which allows qualifying users of the Services who participate in the Program (each, a “Participant”) to receive rewards when they purchase certain products and services from participating retailers, brands, merchants, and other partners (each, a “Affiliate Store”) for each Qualifying Purchase (defined below). Any rewards acquired by Participants may be exchanged into cryptocurrency in accordance with these Terms and running promotion rules.
  • Eligibility and Requirements. To become a Participant, a user of the Services must be at least 18 years old and provide us with certain information about themselves (e.g., a phone number, email address, etc.) when creating an account to access the Program (each, a “Silver Stonks Account”).
  • Non-Transferability of Silver Stonks Accounts. A Silver Stonks Account may only be used by one natural person. If you become a Participant, you may not let anyone else use your Account. Transfer of an Account may result in its termination and forfeiture of any accrued rewards.
  • We reserve the right to add features or functions to the Silver Stonks Shopping Program.
  • Policies for Affiliate Stores. A product or service purchased from any Affiliate Store through the Program are a part of e ach Affiliate Store’s policies, including any exchange and shipping policies (each, a “Affiliate Store Policy”). You acknowledge that we are not agents of any Affiliate Store, that the Affiliate Stores operate independently, and that we have no authority over them in regards to the Program or anything else. As a result, your participation in any Affiliate Store’s offers or promotions, as well as any communication with that Affiliate Store, is entirely between you and that Affiliate Store, and is subject to any Affiliate Store Policies that may apply. We assume no responsibility, liability, or obligation. We bear no responsibility, liability, or obligation for any part of such correspondence, offer, or promotion, including the withdrawal or modification of any such offer or promotion. You agree to follow all of the Affiliate Store’s policies. The Company is not liable for any changes to, or discontinuation of, any Affiliate Store, or for any Affiliate Store removal from the Program, or for any effect on reward accrual resulting from such changes, discontinuance, or withdrawal.
  • Bonuses and other incentives The Company may, in its sole discretion, give bonuses or rewards for referring new Participants to the Program or for other specified activities from time to time. If any document explaining the terms on which such rewards program may be provided varies from these Terms, the document stating the terms on which such rewards program may be offered shall take precedence.

 

7. Staking

  • Definition. “Stake or Staking” means the holding of SSTX in your account and using the Staking function for an agreed period of time. “Staking Term” is the minimum time required to earn Staking Rewards from Silver Stonks Staking. “Staking Yield” is the annual reward rate.
  • Eligibility. To be eligible for Silver Stonks Staking, the user must be eligible to have an SSTX account, have a Silver Stonks account in good standing, be a member by holding a specified amount of Silver Stonks and Stake their tokens on the Silver Stonks Platform.
  • Payment of Staking Rewards. Users of Silver Stonks Staking will receive Staking Rewards directly attributable to their Staked Tokens. The percentage and timing of such remittances are listed on the staking site. Staking rewards are credited to the user’s account after which they need to withdraw into the staked wallet and cannot be sent to any other wallet. Staking rewards are non-compounding.
  • Yield. The yield for Silver Stonks staking is listed on the Silver Stonks site. This value is subject to change for any or no reason. Silver Stonks provides no guarantees on returns.
  • Term. Silver Stonks Staking term will be one week from when the user last staked tokens. The term is subject to change for any or no reason.
  • Acceptable Use. Any unauthorized or fraudulent use of Services implies the user incurring the risk of loss and accepting full responsibility (or any hardware or software component thereof). Furthermore, the user agrees not to I send or store malicious code in connection with the Services, or otherwise interfere with or disrupt the Services’ performance, (ii) use manual or automated tools to scan or probe the Services for vulnerabilities, or (iii) attempt to gain access to the Services or its related systems or networks in a manner inconsistent with the permitted use of the Service. Silver Stonks retains the right, but not the obligation, to take any and all actions it considers necessary, including, without limitation, blocking access to geographic areas or suspending access to Services (or any hardware or software component thereof), in order to prevent or terminate any fraud, abuse or illegal use of or activities in connection with the Services or any other breach of this section, provided, however, that any such action by Silver Stonks shall be consistent with applicable laws, rules, and regulations.
  • Unstaking. The user acknowledges and agrees that when unstaking Silver Stonks tokens, they are forfeiting all tokens for that staking term. The user may begin earning a staking reward that following term.
  • Limitation of services. Silver Stonks may at any time and without liability to, terminate, suspend, or limit your use of Silver Stonks Staking (including freezing the Digital Assets in your account or closing your Digital Asset Wallet, refusing to process any transaction, or wholly or partially reversing any transactions that you have effected), including (but not limited to): (a) in the event of any breach by you of these Terms and all other applicable terms; (b) for the purposes of complying with Applicable Laws; (c) where Silver Stonks suspects that a transaction effected by you is potentially connected to any unlawful activities (including but not limited to money laundering, terrorism financing and fraudulent activities)
  • Right to Change Service. Silver Stonks reserves the right to change or discontinue the Silver Stonks Staking service at any time for any or no reason.

 

8. Payment

  • Payments. The accrual rates for using SSTX for purchasing products or services, or other payment methods that the Company may make available from time to time may vary depending on Silver Stonks promotions or Affiliate Stores’ rules and reporting schedules. In addition, the Company may, at any time, postpone payment for any purchase due to changes in Affiliate Store regulations. The Company reserves the right to change the payment plan at any moment. Payments delivered to the wrong cryptocurrency address due to no fault of the Company or payment mistakes committed by any bank, financial institution, or other third party are not covered by the Company’s liability.

 

9. StormShop Account Adjustments
In our sole discretion, we may deduct rewards from your Silver Stonks Account to make adjustments for returns and cancellations with respect to Qualifying Purchases. Any such adjustments, however, will be made in accordance with these Terms, any applicable Company policies and terms, the terms of any Affiliate Store offers, applicable Affiliate Store Policies, any documentation that the Company makes publicly available concerning the use of the Services and any and all applicable laws, rules and regulations. The determination of whether a purchase made through an Affiliate Store constitutes a Qualifying Purchase is made at the sole discretion of the Company. If an Affiliate Store fails to report a transaction to the Company or fails to make payment to the Company for any reason, the Company may cancel the rewards associated with the applicable transaction. It is your responsibility to check your Silver Stonks Account regularly to ensure that the rewards have been properly credited and paid and that your Silver Stonks Account balance is accurate. If you believe that rewards have not been correctly credited to your Silver Stonks Account, you must contact the Company’s Member Services within ninety (30) days of the transaction. Should you disagree with any adjustments made to your Silver Stonks Account or payments made to you, your sole remedy is to withdraw from the Program.

10. Taxes
You may be taxed on your receipt of rewards, cryptocurrencies, fiat currencies and other benefits of your use of the Services depending on the tax laws of local, state, federal and national jurisdictions. You will be solely responsible for any and all tax liability arising out of any benefits you receive in connection with the Services.

11. Disclaimer of Warranties; Limitation of Liability

  • THE COMPANY PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, SUITABILITY FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE SERVICES WILL MEET YOUR OR ANY OTHER USER’S NEEDS AND EXPECTATIONS, OR THAT THE SERVICES, CONTENT, OR DATA DELIVERED THROUGH THEM, OR THE RESULTS OF THEIR USE WILL BE ACCURATE, CORRECT, UNINTERRUPTED, RELIABLE, COMPLETE, OR PRESERVED WITHOUT LOSS. The Company will not be liable for any failure to fix faults or for any disruptions in the usage of the Services. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material as a result of your use of the Services or items obtained through them, to the fullest extent permitted by law. We cannot and do not promise that the Services will be bug-free at all times or that they will always perform as intended, as with any computer, electrical, hardware, or software product. The Company reserves the right to alter or terminate the content and features of the Services at any time and without notice. Any communication or information transmitted over the Services is not guaranteed to be secret or private by the Company. Because certain countries do not allow the exclusion of implied warranties, the aforementioned exclusion may not apply in such areas.
  • Certain cryptocurrency and financial market statistics, prices, and other information (collectively, the “Market Information”) acquired by the Company from third parties may be made available through the Services. The Company does not guarantee or assure the accuracy, completeness, timeliness, or accurate sequencing of Market Information made accessible through the Services, although it will examine such Market Information for accuracy and completeness using commercially reasonable efforts. THE INFORMATION ON THE MARKET IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE COMPANY NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, LICENSORS, OR SERVICE PROVIDERS ARE RESPONSIBLE.
  • NEITHER THE COMPANY NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS SHALL BE LIABLE TO YOU OR ANY OTHER INDIVIDUAL OR ENTITY FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPEC Because certain countries do not allow the limitation of liability specified in this paragraph, the above-mentioned restriction may not apply to such jurisdictions.
  • To the fullest extent permitted by law, the Company and its directors, officers, employees, consultants, agents, representatives, licensors, service providers, and suppliers’ collective liability to any party (regardless of the form of action, whether in contract, tort, or otherwise) will not exceed $1,000. This restriction does not apply to responsibility arising from our gross negligence or intentional misconduct, as well as death or bodily harm occurring from your use of the Services. Any liability that cannot be eliminated or restricted under relevant law is unaffected by the foregoing.

 

12. Indemnification
You agree to indemnify, defend, and hold the Company, its directors, officers, employees, consultants, agents, representatives, licensors, service providers, and suppliers harmless from any and all claims, losses, liability, damages, and/or costs (including reasonable attorneys’ fees and costs) arising out of or relating to (a) your use of the Services; (b) your violation of these Terms, including any representations and warranties that you make under these Terms and any representations and warranties that you make under these Terms and any agreements incorporated by reference. This includes infringement, or infringement by any other user of your Siver Stonks Account, of any intellectual property or other right of any person or entity.

13. Dispute Resolution

  • Governing Law. The laws under which the Company and any of its subsidiaries are registered, without respect to its conflict-of-laws rules, shall govern these Terms and any action arising out of or connected to them.
  • Agreement to Arbitrate. You and the Company agree that any Dispute (as defined below) will be settled by binding arbitration, except that each party retains the right (a) to bring an individual action in small claims court and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (b), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide the Company with written notice of your desire to do so by submitting a ticket at through our contact form on our website with the title “Arbitration Opt-Out” within 30 days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”).
  • You shall be presumed to have knowingly and voluntarily relinquished your right to litigate any Dispute if you do not present us with an Arbitration Opt-out Notice within the 30-day period, save as specifically set out in paragraphs (a) and (b) above. The Company will have exclusive jurisdiction and venue over any IP Protection Action or, if you timely provide us with an Arbitration Opt-out Notice, any other Dispute, and you and the Company hereby waive any objection to jurisdiction and venue in such courts. You understand and agree that unless you immediately give us with an Arbitration Opt-out Notice, you and the Company are both renouncing the right to a jury trial or to participate as a plaintiff or class member in any putative class action or representative process. Furthermore, unless you and the Company agree otherwise in writing, the arbitrator may not combine more than one person’s claims or preside over any type of class or representative action. If this paragraph is found to be unenforceable, the entire Section 13 will be declared null and invalid. This “Dispute Resolution” section will survive any termination of these Terms, save as specified in the above clause. Any disagreement, claim, or controversy arising out of or pertaining to these Terms, their violation, termination, enforcement, interpretation, or validity, or the use of the Services is referred to as a “Dispute.”
  • Arbitration Rules. The Federal Arbitration Act will govern the interpretation and enforcement of this “Dispute Resolution” section unless otherwise expressed by the Company.
  • Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration. The Company retains the right to select the arbitrator depending on geographic location where the Company is registered. If the parties are unable to agree upon an arbitrator within seven days of delivery of the Demand for Arbitration, then a third party will appoint one.
  • Arbitration Location and Procedure. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and the Company submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the the arbitrator. Subject to the arbitration rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
  • Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the JAMS Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction. The arbitrator’s award of damages must be consistent with the terms of the “Limitation on Liability” section above as to the types and amounts of damages for which a party may be held liable.
  • Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the JAMS Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction. The arbitrator’s award of damages must be consistent with the terms of the “Limitation on Liability” section above as to the types and amounts of damages for which a party may be held liable.
  • Changes. Notwithstanding the provisions of Section 1 above, if the Company changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of the Company’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and the Company in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

 

14. Modifications and Interruption to Service
The Company reserves the right, with or without notice to you or any other user of the Services, to alter or discontinue the Services. If the Company exercises its right to alter or stop the Services, the Company will not be responsible to you or any third party. You understand and agree that the Company cannot guarantee continuous, uninterrupted, or secure access to the Services, and that the Services’ operation may be disrupted or negatively impacted by a variety of variables or situations without the Company’s control.

15. Third-Party Sites
Links to other websites owned and managed by online merchants and other third parties may be included in certain Services. You acknowledge that we are not responsible for the availability of any third-party site or the material found on or via such. If you have any issues about the links or material on those third-party websites, you should contact the site administrator or webmaster for those websites. The terms of service and privacy policies of any third-party website govern your use of it.

16. Disclaimer Regarding Accuracy of Vendor Information
Product specs and other information are obtained from publicly available sources or submitted by vendors or suppliers to the Company. Any mention of a third party or a third-party product or service does not imply that the Company approves or endorses that third party or that third-party product or service. The Company offers no guarantees about the accuracy or reliability of any information obtained through the Services.The Company makes no warranties or guarantees about any product provided or given by any vendor or supplier to the Company, and you acknowledge that any reliance on such vendor or supplier’s representations and warranties is at your own risk.

17. Compliance with Laws
You assume full knowledge of all relevant laws and are solely responsible for their adherence. You may not use the Services in any way that is inconsistent with local, state, federal, national, or international law, regulation, or other government mandate. You also agree not to use the Services to transmit any information that supports or promotes activity that might be considered criminal, civil, or otherwise violate any relevant local, state, federal, national, or international law or regulation.

18. Copyright Notice and Takedown Procedure
Claims of copyright infringement are taken seriously by the Company, and we will react to complaints of suspected copyright infringement that are filed in accordance with the law. If you feel that any materials or activities available on or through the Services infringe on your copyright, you may request that those items (or access to them) be removed from the Services by notifying our copyright agent in writing.

  • Claims of Copyright Infringement and How to Report Them. The written notice (the “DMCA Notice”) must substantially include substantiall the following in compliance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. 512) (“DMCA”): (a) your physical or electronic signature; (b) identification of the copyrighted work you believe has been infringed, or a representative list of such works if the claim covers multiple works available through the Services; (c) a statement that you have a good-faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (d) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (e) a statement that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the written notification is correct; and (g) a statement that you are authorized to act on behalf of the copyright owner under penalty of perjury. You can file a DMCA notification by posting a ticket to our help contact form on our site, with the topic “Copyright Inquiry: DMCA Notice.” Your DMCA Notice may not be effective if you do not meet all of the criteria of Section 512(c)(3) of the DMCA. Furthermore, under Section 512(f) of the DMCA, you may be held responsible for damages (including costs and attorneys’ fees) if you willfully materially misrepresent that anything or behavior on the Services infringes your copyright.
  • Procedures for Counter-Notification. You may file a counter-notification with us (a “Counter-Notice”) if you think that anything you uploaded or posted to the Services was deleted or access to it was disabled due to a mistake or misidentification. According to the DMCA, the Counter-Notice must include the following information: (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled, as well as the location where the material appeared before it was removed or access disabled; (c) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (d) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (d) under penalty of perjury, a statement that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (e) a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, and that you will accept service from the person (or an agent of that person) who provided you with the material. You can file a DMCA notification by posting a ticket to our help form with the heading “Copyright Inquiry: Counter-Notice.” If the person that filed the initial DMCA Notice does not bring a court action against you within 10 business days of receiving a copy of your Counter-Notice, the DMCA authorizes us to restore the deleted items. Please be aware that under Section 512(f) of the DMCA, you may be held responsible for damages (including costs and attorneys’ fees) if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification.
  • Repeat infringers. It is our policy and we retain the right to deactivate and/or delete the accounts of repeat infringers in appropriate situations.

 

19. Other Terms

  • Waiver. The Company’s waiver of any term or condition set forth in these Terms will not be construed as a further or continuing waiver of that term or condition or of any other term or condition, and the Company’s failure to assert a right or provision under these Terms will not be construed as a waiver of that right or provision.
  • Severability. If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court or other tribunal of competent jurisdiction for any reason, that provision will be removed or restricted to the bare minimum, with the remaining sections of these Terms continuing in full force and effect.
  • Assignment. The Company may assign these Terms and any other agreements mentioned herein to a third party in its sole discretion, but you may not assign or transfer these Terms (or your rights or obligations under them) without the Company’s prior written approval.
  • Relationship. The parties do not form a partnership, franchise, joint venture, agency, fiduciary relationship, or employment relationship as a result of these Terms. Neither party has the authority to accept or establish any duty or liability on the other’s behalf or in the other’s name, or to bind the other in any way.
  • Principles of Construction. The caption titles used in these Terms are for reference only and are not intended to be used to interpret or define the terms. The terms “including, without limitation” and “including, but not limited to” are used interchangeably. All meanings assigned to defined terms in these Terms, unless otherwise provided, will apply equally to both the single and plural variants of such defined terms.
  • The Complete Agreement. These Terms constitute the parties’ entire agreement with respect to their subject matter, supersede all prior communications, understandings, and agreements (whether oral or written), and can only be modified in accordance with Section 1 hereof or by a separate written instrument signed by you and the Company.
  • Information about how to contact us. Please contact the Company by filing a ticket to our support desk if you have any issues regarding these Terms.

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