Effective: November 1, 2018
Last Updated: Novemberr 1, 2018
- Your access to STOwise
Without advance notice and at any time, we may, for violations of this agreement or for any other reason we choose: (1) suspend your access to STOwise, (2) suspend or terminate Your Account, and/or (3) remove any of your User Content from STOwise. We reserve the right to monitor STOwise, and your use of the Service means you agree to such monitoring. At the same time, we do not guarantee we will monitor at all.
- STOwise is for your personal, lawful use
STOwise is designed and supported for personal use only. You may not use STOwise to break the law, violate an individual’s privacy, or infringe any person or entity’s intellectual property or any other proprietary rights.
- STOwise is a community and not intended to be a marketplace
STOwise is intended to be a place where you can explore blockchain related projects or products and exchange your opinions or feedback with other users. We are not responsible for any decisions you make based on something you read on our website. We are not intended to be a marketplace for any goods or services. However, you may find commercial links, coupons, deals, advertisements and other third-party offers on STOwise. In addition, our website may have affiliate relationships with certain of these third parties and may receive compensation for any purchase made from them. STOwise is not a party to, nor in any way responsible for, any transactions you have with these third parties, even if STOwise has an affiliate relationship with such parties. For this reason, any transactions you undertake are your responsibility alone, so be careful out there.
- Your STOwise Account and Site.
If you create an account on the Website, you are responsible for maintaining the security of your account and its content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website. You must not describe or assign content to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and STOwise may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause STOwise liability. You must immediately notify STOwise of any unauthorized uses of your account or any other breaches of security. STOwise will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. By creating an Account, you also consent to receive electronic communications from STOwise (e.g., via email or by posting notices to the Site). These communications may include notices about your Account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
- Responsibility of Users.
If you are developing or creating a decentralized application or DApp, you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text or graphics. By making Content available, you represent and warrant that:
- the use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
- your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by STOwise or otherwise.
STOwise reserves the right to remove any images and information (or content created on STOwise, e.g. comments, messages, avatars, etc.) for any reason whatsoever. Please read our Community Guidelines for rules and advice on what types of content are appropriate at STOwise. STOwise reserves the right to ban any member or website from using the service for any reason.
- Responsibility of Website Visitors.
STOwise has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that materials content, use or effects. By operating the Website, STOwise does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. STOwise disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which STOwise links, and that link to STOwise. STOwise does not have any control over those non-STOwise websites and webpages, and is not responsible for their contents or their use. By linking to a non-STOwise website or webpage, STOwise does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. STOwise disclaims any responsibility for any harm resulting from your use of non-STOwise websites and webpages.
- Third Party Services.
The Site may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left our Site and are subject to the Agreement and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications and are not under the control of STOwise. STOwise is not responsible for any Third-Party Websites or Third-Party Applications. STOwise provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services. You use all links in Third-Party Websites, and Third-Party Applications at your own risk. When you leave our Site, our Agreement and policies no longer govern. You should review applicable agreement and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
- Intellectual Property.
This Agreement does not transfer from STOwise to you any STOwise or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with STOwise. STOwise, the STOwise logo, and all other trademarks, service marks, graphics and logos used in connection with STOwise, or the Website are trademarks or registered trademarks of STOwise or STOwise licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any STOwise or third-party trademarks.
STOwise reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. STOwise may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
STOwise may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your STOwise account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a VIP Services account, such account can only be terminated by STOwise if you materially breach this Agreement and fail to cure such breach within thirty (30) days from STOwise notice to you thereof; provided that, STOwise can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties.
The Website is provided “as is”. STOwise and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither STOwise nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability.
In no event will STOwise, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interuption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to STOwise under this agreement during the twelve (12) month period prior to the cause of action. STOwise shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty.
You agree to indemnify and hold harmless STOwise, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorney’s fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
This Agreement along with the Privacy Agreement constitutes the entire agreement between you and STOwise relating to your access to and use of the Sites and Content, and your participation in the Auction. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of STOwise prior, concurrent or subsequent circumstance, and STOwise’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Except as otherwise provided herein, this 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.
END OF AGREEMENT