Terms of Service
Last Updated: November 19th, 2021
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT ACCESS OR USE THE SERVICES.
You and the Company agree as follows:
1. Overview of our services:
We provide access to a decentralized, consensus-driven protocol that enables the publication and viewing of information, videos, user posts, data, and other materials (“Content"). Content is distributed via a Federated Environment to our system by Content Publishers and is stored in fragmented files on the STORJ network on thousands of hard drives (called “Hosts") that we subscribe to from the BiblePay sidechain. Our publishers choose the Title, Description and Data making up the Content.
The Services we provide include an interface for you to access, publish, or host data. The sidechain protocol is not owned, operated, or maintained by us but is an independent blockchain protocol developed by biblepay. We have no responsibility or liability and no ability to control third parties who use our services. We are not able to modify sidechain data, or remove published content except in the case where we specifically block content that violates this terms of service.
You must be at least 13 years of age to access or use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you will be fully responsible for the acts or omissions of such user in connection with our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
3. Publishing Content
b) The Company is not a party to Users or Publishers with respect to any communications, transactions, interactions, disputes or any relations raised between users and publishers. We will not be responsible for any loss, misuse, or deletion of Content due to its storage, encryption or modification. You are solely responsible for your usage and configuration backups and access. We are not responsible for any users damages caused by redistribution of Content.
c) You will not use the Services to deliberately attempt to reserve a Title, Description, or Name that infringes any existing patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
d) We make no representations or warranties regarding the suitability of our Services.
e) You will not use the Services to distribute or publish Content that is:
- Unlawful Content: Copyrighted Works, or Illegal works under US or US State Law
- Under Age sexual content, Revenge Pornography, or Illicit material that may be sexually offensive to the public
- Content that encourages or provides instructions to commit crimes, condones criminal behavior, violates the rights of any party, or that would otherwise create liability or violate any applicable local, state, national or international law
- Infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party
- Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity
- Contains sensitive personal information, including "protected health information," as defined under HIPAA and its implementing rules
- Releases sensitive “cardholder data" as defined by the PCI DSS
- Releases “personal information" of a “child" such as defined under the Children’s Online Privacy Protection Act and its implementing rules
- Releases private genetic data, biometric data or deliberately tries to uniquely identify a natural person
- Data that contains viruses or Corrupt Data, or Harmful Data, or Destructive or Disruptive files
- Is objectionable in the sole judgment of the Company, or restricts or inhibits any other person from using or enjoying the Services, or which may expose the Company or its users to any harm or liability of any type
4. Accessing Content
This section applies if you use the Services to access Content:
- You may view or otherwise interact with Content provided by publishers. Your dealings or correspondence with any publisher are solely between you and that publisher. The Company is not responsible or liable for any damage or loss caused, or alleged to be caused, by or in connection with any such dealings, including the delivery, quality, safety, legality or any other aspect of any Content that you may access using our Services.
5. General Conduct Restrictions
You are solely responsible for your conduct while using the Services. You will comply with all applicable laws and third-party agreements to which you are bound. Further, you will not do any of the following in connection with the Services or any other users:
- Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner
- Impersonate or distribute Content on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity
- Cheat or utilize unauthorized exploits in connection with the Services
- Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users
- Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes
- Harvest or otherwise collect information about users, including email addresses, without their consent
- Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms
- Use the Services to distribute Content that you do not have the lawful right to distribute or reproduce
- Circumvent or attempt to circumvent any filtering, security measures or other features we may from time to time adopt to protect the Company, the Services, its users or third parties.
The Company does not endorse or adopt any Content and you acknowledge and agree that the Company will have no responsibility for any Content, including without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable.
Enforcement of the Content rules set forth in these Terms is solely at our discretion, and subject to our technical capabilities. Failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not link to any Content that is prohibited by such rules.
6. Open Source Software
- We may release the source code for the software that supports our Services. You agree to be bound by, and comply with, any license agreement that applies to this software. If you modify the software, it does not automatically give you special privileges to break the terms of service and does not automatically make you a content distribution partner.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit (collectively, “Feedback"), is non-confidential and will become the sole property of the Company.
8. Copyright Complaints
We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify the Company’s Designated Agent as follows:
E-Mail Address: email@example.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification.
Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to the Company for certain costs and damages.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless the Company and our officers, directors, agents, partners and employees (individually and collectively, the “Company Parties") from and against any loss, liability, claim, demand, damages, expenses or costs (including attorney’s fees) (“Claims") arising out of or related to (a) your access to or use of our Services; (b) your Content or any Name that you have reserved; (c) your violation of these Terms; or (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). You agree to promptly notify Company Parties of any third party Claims, cooperate with Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Company Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the Company or the other Company Parties.
Your use of our Services is at your sole risk. Our Services are provided “as is" and “as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, the Company does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While the Company attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
11. Limitation of Liability
The Company and the other Company Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, special or punitive damages or lost profits, even if the Company or the other Company Parties have been advised of the possibility of such damages.
The total liability of the Company and the other Company Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of any amount paid, if any, by you to access or use our Services or $100 USD.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of the Company or other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release the Company and the other Company Parties from responsibility, liability, claims, demands and damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
13. Dispute Resolution; Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with the Company and limits the manner in which you can seek relief from us.
13.1. Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes") in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and the Company (a) waive your and the Company’s respective rights to have any and all Disputes arising from or related to these Terms or the Services resolved in a court, and (b) waive your and the Company’s respective rights to a jury trial.
Instead, you and the Company will arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
13.2. No Class Arbitrations, Class Actions or Representative Actions
Any Dispute arising out of or related to these Terms or the Services is personal to you and the Company and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
13.3. Federal Arbitration Act
These Terms affect interstate commerce and the enforceability of this Section 16 will be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA"), to the maximum extent permitted by applicable law.
13.4. Notice; Informal Dispute Resolution
Each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to the Company will be sent by e-mail to the Company at firstname.lastname@example.org.
Your notice must include (a) your name, postal address, email address and telephone number, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. If you and the Company cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or the Company may, as appropriate and in accordance with this Section 16, commence an arbitration proceeding or, to the extent specifically provided for in Section 17.1, file a claim in court.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
15. Termination or Suspension
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate this agreement or suspend your right to access the Services. You may terminate this agreement without notice by discontinuing use of the Services. All rights and licenses granted to you under these Terms will immediately be revoked upon our termination of the agreement or our suspension of your access to the Services. We make no representations that termination or suspension of the Services will prevent the spread or distribution of published Content.
We reserve the right to change these Terms from time to time upon notice to you. If we make changes to these Terms, we will provide notice of such changes by posting the revised Terms to the Services and updating the “Last Updated" date at the top of these Terms. In some cases, we may provide additional notice to you, such as via our Services or to an email address associated with your Account. Your continued use of the Services following our provision of any such notice will confirm your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Services.
These Terms constitutes the entire agreement between you and the Company relating to your access to and use of the Services. We may assign our rights and obligations under these Terms. Under no circumstances may you assign your rights and obligations under these Terms, including in the event of change of control or by operation of law, without our prior written consent. The failure of the Company to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. We will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control. Except as otherwise provided in herein, the agreement is intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.