Effective: February 10, 2022
1. Acceptance of the Terms and Conditions.
If you are under thirteen (13) years of age, you are not authorized to use the Website. In addition, if you are under eighteen (18) years of age, you may use the Website, only with the approval of your parent or guardian.
You further hereby represent and warrant to Company that:
(a) YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR A CLASS WIDE ARBITRATION AGAINST PURESTAKE, ANY PERSON OR ENTITY INVOLVED IN THE WEBSITE;
(b) All of the above representations and warranties are, and will continue to be, true, complete, accurate and non-misleading from the time of your acceptance of these attestation and notwithstanding the use by you of the Website.
2. Description of the Website and Submissions.
The Website is a publishing and hosting website that provides a forum where information related to PureStake services and other topics can be shared in a productive environment by its visitors (“Developers”). For the avoidance of doubt, while the Company does maintain this Website, it does not control and cannot control any activity and data on any of the networks or companies that we provide services to, the activities of Developers who develop and use applications on the networks we provide services to, the validation of transactions on the networks we provide services to, or use of the networks we provide services to.
You will be responsible for all activities occurring under your username and for keeping your password secure. You shall provide Company with prompt notice in the event you suspect that your user name and password may have been compromised. The Company reserves the right to modify, suspend, or discontinue the Website with or without notice at any time.
By posting to the Website or otherwise transmitting comments, pieces, ideas, code, or other information in any form (collectively referred to as the “Submissions”) to the Website, you agree that the Company and other Developers or users of the Website can use, reproduce, distribute, create derivative works based on, and/or display such Submissions (in whole or in part) in any media now known or hereafter developed, for any purpose whatsoever, without compensation to you or any other provider of the Submissions. You agree that if you exactly reproduce a materially significant portion of any Submission of any other Developer, that you will provide attribution to the other Developer as the author of such content, using whatever name the other Developer provided as the author of such Submission. You acknowledge that to the extent that you include personally identifiable information in your Submissions, the Company or other Developers or users of the Website may republish such information.
Although the Company has no obligation to monitor the Submissions, you acknowledge and agree that we may do one or all of the following: (i) monitor the Submissions; (ii) alter, edit, or remove any Submission in whole or in part; or (ii) disclose any Submissions.
The posting of Submissions on the Website by Developers does not indicate any approval or endorsement by the Company of such Submissions. The Company is not responsible for, and hereby disclaims any and all liability that may arise from the Submissions or any act of accessing, browsing, contributing to or otherwise using the Website.
3. Proper Use.
You agree that you are responsible for your own use of the Website, for any Submission you make, and for any consequences thereof. You agree that you will use the Website in compliance with all applicable local, state, national, and international laws, rules and regulations, including, but not limited to, any laws regarding the transmission of technical data exported from your country of residence and all United States export control law.
To provide a forum where ideas can be shared between Developers in a productive and safe environment, you agree NOT to:
- Post any private information, or otherwise harvest, collect or disclose information, about another person without his or her express consent;
- Post any content to the Website that is unlawful, racist, hateful, libelous, defamatory, obscene, or that intentionally discriminates against or harasses particular individuals or groups;
- Post any content to the Website that infringes any third party’s intellectual property or other rights;
- Use the Website for any unlawful purpose, or transmit or otherwise make available in connection with the Website any material that would give rise to criminal or civil liability;
- Use the Website for unauthorized (in the Company’s sole discretion) advertisements, chain letters, spam, survey solicitations, junk mail or solicitations;
- Impersonate any person or entity, including any Company employees, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- Imply that the Company endorses any of your statements or positions;
- Take any action that imposes an unreasonable burden on the Website’s server;
- Use any device, software, routine or other means to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website,
- Attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or making up the Website; and/or
- Delete or alter any material posted by any other person or entity.
4. Third Party Content and External Links.
Some information made available on or through the Website is provided by third parties (“Third Party Content”). The inclusion or appearance of Third-Party Content on the Website does not indicate any approval or endorsement by the Company of such Third-Party Content. The Company is not responsible for, and hereby disclaims any and all liability that may arise from Third-Party Content or the act of accessing, browsing, or otherwise using such Third Party Content.
The Website contains links to third-party websites (“External Sites”). The content of such External Sites is developed and provided by others. These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.
We are not responsible for the content of any External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
5. Intellectual Property
You acknowledge that the Company owns all the materials produced by the Company for the Website (collectively referred to as the “Company Content”). The Company hereby grants you a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right (including moral rights) and license to use, reproduce, distribute, create derivative works based on, and/or display such Company Content. You agree that if you exactly reproduce a materially significant portion of any Company Content that you will provide attribution to the Company as the author of such Company Content.
Notwithstanding the foregoing, the trademarks and logos of the Company (the “Company Trademarks”) used and displayed on this Website are registered and unregistered trademarks of the Company. Other company, product, and service names located on the Website may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with the Company Trademarks, the “Trademarks”). Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without the prior written consent of the Company specific for each such use. The Trademarks may not be used to disparage the Company or the applicable third-party, the Company’s or third-party’s products or services, or in any manner (in the Company’s sole reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless the Company approves the establishment of such a link by prior written consent. All goodwill generated from the use of any Company Trademark shall inure to the Company’s benefit.
The Company claims no ownership or control over any Submission that you post or display on or through the Website. You retain all intellectual property rights to any Submission you submit, post or display on or through the Website and you are responsible for protecting those rights, as appropriate.
You represent and warrant to the Company that (i) you have full power and authority to enter into this Agreement; (ii) your Submissions are original to you or you have obtained all permissions, releases, rights or licenses required to grant the rights and assignment granted herein without obtaining any further releases or consents; (iii) your Submissions do not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, and do not contain any matter that is defamatory; and (iv) you are eighteen (18) years of age or older or if you are under eighteen (18) years of age but older than thirteen (13) years of age, you have obtained approval from your parent or guardian to use the Website.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Website hosted by the Company infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter notices must meet the then current statutory requirements imposed by the DMCA. Notices and counter notices with respect to the Website should be sent to the Company at:
1500 District Avenue
Burlington, MA 01803
By Email: email@example.com
7. Limit of Liability and Warranty.
THE COMPANY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, THE SUBMISSIONS, OR THE THIRD-PARTY CONTENT, INCLUDING BUT NOT LIMITED TO, ITS ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS. THE COMPANY PARTIES SHALL NOT BE RESPONSIBLE FOR OR SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER OR FOR ANY ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE WEBSITE AT YOUR OWN RISK.
THE WEBSITE IS PROVIDED ON AN “AS IS”, “WHERE IS”, AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY PARTIES DO NOT WARRANT THAT THE WEBSITE OR ITS SERVICES WILL BE CONTINUOUS, UNINTERRUPTED OR SECURE, AND NOTIFIES YOU THAT OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE COMPANY’S CONTROL. THE COMPANY PARTIES FURTHER DO NOT WARRANT THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITE RESULTS IN THE NEED TO SERVICE OR REPLACE EQUIPMENT OR DATA, NO COMPANY PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless the Company, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access, contribution to, use or misuse of the Website. The Company shall provide notice to you of any such claim, suit or proceeding The Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting the Company’s defense of such matter.
9. Termination of the Agreement.
The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website or the Content, at any time and for any reason without prior notice or liability. The Company reserves the right to change, suspend, or discontinue all or any part of the Website or the Content at any time without prior notice or liability.
11. Developer Must Comply with Applicable Laws.
We make no claims concerning whether the Website may be downloaded, viewed, or be appropriate for use in all countries or jurisdictions. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
This Agreement is governed by the internal substantive laws of the United States, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the courts sitting in the United States. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Failure of the Company to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against the Company unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by the Company and you, this Agreement constitutes the entire Agreement between you and the Company with respect to the subject matter, and supercedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.