D¢ENT Terms of Service
D¢ENT Apparel creates and substantiates clothing and accessories that show off your love of blockchain/cryptocurrencies and help to further widespread adoption of such technologies. We also incorporate a membership and social network platform where users can post and share as well as gain access to limited (Ltd.) products, promotions, and special savings. Public commentary and peer-review is encouraged via the Help & Support sections. We could use all your support to help us evolve this document in the direction that best enables and protects D¢ENT Apparel and its community.
D¢ENT Apparel online membership services (D¢ENT Lab) are designed to give you as much control and ownership over your social experience as possible and to encourage you to express yourself freely. However, be responsible in what you publish and use basic internet safety procedures when posting. In particular, make sure that none of the prohibited items listed in the D¢ENT Content Policy, as defined in Section 15, appear on your channel or get linked to/from your channel (things like spam, malware, viruses, or illegal content or serious threats of violence.)
If you find content that is objectionable, then Unsubscribe, Block, Report or just swipe on by. D¢ENT Lab is an exclusive membership but one where users are required to respect the right to use free speech. Of course, you may find a violation of these Terms of Service as you traverse D¢ENT Lab, in which case please report the channel or post via email to email@example.com.
(Note, we’ve decided to make the below Terms of Service available under a Creative Commons Attribution-Sharealike license, as Minds.com provided for us, which means you’re more than welcome to repurpose it for your own use. Just make sure to replace references to us with ones to you, and give an attribution link to Minds.com somewhere on your website.)
These Terms govern your access to and use of D¢ENT Lab in connection with the D¢ENT Apparel shop, https://www.dcentlife.io and any other online services (collectively, the “Services”) provided by us or our legal affiliates, including any content, functionality, features and applications offered on or through the Services to you as a guest or registered user of the Services (each, a “User”).
Please read these Terms carefully before you start to use our Services. By using any of the Services, you accept these Terms, which means that you are entering a legally binding contract with us. If you do not accept these Terms, or if you violate these Terms in any way, you may not be authorized to access or use the Services, and your D¢ENT Lab membership will be forfeited.
You understand that we may change these Terms from time to time in our sole discretion and in accordance with Section 21 below. It is your responsibility to periodically check these Terms posted so that you are aware of any changes, as they are binding on you.
Your D¢ENT Lab Username and Channel:
2. If you create a channel on the D¢ENT Lab platform, you are responsible for maintaining the security of your channel, and you are fully and solely responsible for all activities that occur therein.
3. D¢ENT Lab reserves the right to reclaim any username that has not been active for one year or longer, violates any terms or conditions of these Terms or that was created for the sole purpose to resell to a verified user with that same name (a.k.a. Cybersquatting channels.)
2. Responsibility of Registered Users
1. You acknowledge that you are solely responsible for all activity that occurs through your channel or username and all of your activity on the D¢ENT Lab Network. You acknowledge that you are solely responsible for keeping your account information (including your access credentials) secret and secure. You shall not sell, rent, lease, lend, transfer, license or assign your account, credentials, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, D¢ENT Lab prohibits the creation of accounts on behalf of other persons or entities. Unless you are so authorized, you shall not create a D¢ENT Lab account on behalf of any other person or entity.
2. You also acknowledge that:
a. You are solely responsible for your interaction with other Users of the Services, whether online or offline. You agree that D¢ENT Lab is not responsible or liable for the conduct of any User. D¢ENT Lab reserves the right, but has no obligation, to become involved in disputes between you and other Users.
b. You shall not describe or assign keywords to your channel in a misleading or unlawful manner, including any manner which trades on the name or reputation of others. D¢ENT Lab reserves the right to change or remove any description or keyword that it considers unlawful or otherwise likely to cause D¢ENT Lab liability.
c. You shall immediately notify D¢ENT Lab of any unauthorized uses of your username, account or channel, or of any other breaches of security by emailing firstname.lastname@example.org.
d. If you operate a channel, comment on a post, post material to D¢ENT Lab, post links or create (or allow any third party to create) or otherwise make material available by means of D¢ENT Lab, including any text, photo, video, audio, code or other work of authorship (any such material, “User Content”), you are entirely responsible for the content of, and any liability resulting from or relating to that User Content or your conduct.
e. By using D¢ENT Lab, you represent and warrant that your User Content and conduct do not and will not violate these Terms (including our Content Policy), infringe the rights of any other person or entity (including intellectual property rights and privacy rights), or violate any applicable law, rule, or regulation as detailed in section 26.
f. By submitting User Content to D¢ENT Lab, you grant D¢ENT Lab a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, distribute, publish, process and adapt (each, a “Use”) your User Content for the purpose of providing the Services and promoting D¢ENT Lab and the Services, without any notice of, consent to or compensation for any such use, unless otherwise licensed by the User, through the Services.
g. You grant other Users permission to share your User Content on other D¢ENT Lab channels and add their own User Content to it (e.g., to Remind your User Content).
h. All User Content, that is not otherwise marked by the license owner, is licensed under the All Rights Reserved license.
i. If you delete User Content, D¢ENT Lab will use reasonable efforts to remove it from the D¢ENT Lab Network, but you acknowledge that caching or references to the User Content may not be made immediately unavailable.
j. By registering an account and making User Content available, you further represent and warrant that the user content does not violate the D¢ENT Lab Content Policy referenced in Section 15;
k. Your use of the Services and User Content will not infringe the rights of any other party (including intellectual property rights and privacy rights) or violate any applicable law, rule, or regulation;
l. Any Use by D¢ENT Lab of any User Content will not infringe the rights of any other party (including intellectual property rights and privacy rights) or violate any applicable law, rule, or regulation;
m. If any other party has rights to intellectual property you incorporate into any User Content, you have either (i) received permission from such other to so incorporate such intellectual property into such User Content, including but not limited to any software, or (ii) secured from such other party a waiver as to all rights in or to such User Content;
n. You have fully complied with any third-party licenses relating to all User Content and have done all things necessary to grant to D¢ENT Lab the license set forth under section 2(f) and to successfully grant to others any relevant rights under any such third-party licenses;
o. You also give other Users permission to share your Content under the legal terms outlined in the license you select, whether Creative Commons, All Rights Reserved, or any other available license.
3. Prohibited Uses
You shall not use or access any of the Services:
1. In any way that violates any applicable United States federal, state or local law, rule, or regulation (including, without limitation, any intellectual property laws or privacy laws or laws regarding sanctions, or the export of data or software to and from the United States or other countries);
2. To post unlawful, infringing, or other content not allowed under these Terms.
3. To impersonate, attempt to impersonate, or falsely imply that you are associated with D¢ENT Lab, another User, or any other person or entity;
4. In any manner that could disable, alter, overburden, damage, or impair the Services or the D¢ENT Lab Network, or engage in any other conduct that restricts or interferes with any other party’s use, which, as determined by us, may harm D¢ENT Lab or Users of the Services or expose them to liability, including but not limited to transmitting any worms, viruses, spyware, malware or any other code of a destructive, malicious, intrusive, or disruptive nature intended to cause denial of service;
5. To use, distribute, modify, create derivative works from, or copy the Services or any feature of the Services or any User account or Channel (including any User Content) in whole or in part, or decompile, reverse engineer, disassemble, attempt to derive the source code or underlying algorithms of the Services or any feature of the Services.
6. To create accounts or access data (including User information) through unauthorized means, by using an automated device, caching, script, bot, spider, crawler or scraper or any such weaponized capability intended as a malware threat to D¢ENT Lab;
7. To attempt to gain unauthorized access, or permit unauthorized access, to the Services or any feature of the Services (including any User account or channel) or any of our related systems or networks, or bypass any measures we take to restrict access to the Services or related systems or networks;
8. To substantially replicate products or services offered by D¢ENT Lab in an impersonating manner, including by republishing D¢ENT Lab content or creating a separate publishing platform; or
9. Without limiting any of the above representations or warranties or obligations, D¢ENT Lab reserves the right to, in D¢ENT Lab’s sole discretion, (i) reject or remove any User Content that, in D¢ENT Lab’s reasonable opinion, violates any term or condition of these Terms or policies of D¢ENT Lab or is in any way unlawful under Connecticut state law (ii) ban and remove any channel that, in D¢ENT Lab’ reasonable opinion, violates any term or condition of these Terms or policies of D¢ENT Lab or is in any way unlawful or (iii) terminate or deny access to and use of the Services to any person or entity whose use of D¢ENT Lab and its Services is unlawful.
10. In the event a channel is banned due to the breach of these Terms, and the channel owner no longer has access to the channel, D¢ENT Lab will have no obligation to provide a refund of any kind including refund of any outstanding wallet amounts such as Cent balances or any amounts previously paid. Please direct any questions to email@example.com.
1. We support HTTPS and encrypt all sensitive information stored at rest on dcentlife.io, and we offer HTTPS on all dcentlife.io sites by default.
5. Intellectual Property Rights
1. We grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use the Services for lawful purposes in accordance with these Terms. The Services contain materials owned or licensed by D¢ENT Lab, including name, logo, source code and executable code, text, images, audio/visual works, icons and scripts and other intellectual property (collectively, “D¢ENT Lab Content”). D¢ENT Lab Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and D¢ENT Lab, D¢ENT Lab owns and retains all rights in D¢ENT Lab Content and the Services.
2. You shall not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accomanying D¢ENT Lab Content, and you shall not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit any D¢ENT Lab Content or the Services, except as may be permitted by these Terms.
3. You will own all intellectual property rights in User Content you create using the Services except to the extent they incorporate D¢ENT Lab Content or other intellectual property owned or licensed by D¢ENT Lab.
4. D¢ENT Lab reserves the right to display attribution text or links in your channel footer or toolbar, denoting attribution to D¢ENT Lab. The toolbar may not be altered or removed. Attribution text or links may only be hidden if you are subscribed to an enhanced level of service that permits the User to do so.
6. Reporting Copyright Infringement, DMCA Policy and Other Violations
1. D¢ENT Lab prohibits Users of our Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights. To report allegations of infringement, please contact D¢ENT Lab at firstname.lastname@example.org.
2. As D¢ENT Lab asks others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to by D¢ENT Lab violates your copyright, you are encouraged to notify D¢ENT Lab in accordance with D¢ENT Lab’s Digital Millennium Copyright Act (“DMCA”) Policy, available at https://www.copyright.gov/legislation/dmca.pdf. D¢ENT Lab will respond to all such notices in accordance with applicable law. D¢ENT Lab will ban or terminate a channel’s access to and use of the Services if, under appropriate circumstances, that channel is determined to be a repeat copyright or intellectual property rights infringer. In the case of such ban or termination, D¢ENT Lab will have no obligation to provide access to any Services, D¢ENT Lab Tokens or any refund including any amounts previously paid to D¢ENT Lab.
7. Monitoring and Enforcement; Ban and Termination
We have the right to:
1. Modify, ban or terminate the Services for any reason, without notice, at any time, and without liability to you;
2. Refuse, terminate, or suspend your access to all or part of the Services for any or no reason, including, without limitation, any violation of these Terms; and
3. Force forfeiture of any username for any reason.
4. Upon any such refusal, termination or suspension of your access to the Services, all licenses and other rights granted to you under these Terms will immediately cease, and any outstanding balance of D¢ENT Lab Cents will be forfeited to D¢ENT Lab.
8. Linking to the Services
1. You may link to our website homepage, provided you do so in a way that is fair and legal, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent, which may be withheld for any reason or no reason in our sole discretion.
2. You may use these features solely as they are provided by us, and must not otherwise: establish a link from any website that is not owned by you; cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking, or in-line linking); or take any action with respect to the Services that is inconsistent with these Terms.
9. Links on D¢ENT Lab Services
1. If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. You acknowledge that we have no control over the contents of those sites or resources, and accept no responsibility, and we disclaim any liability, for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
1. As a D¢ENT Lab member, you agree that D¢ENT Lab may inject advertised content into your newsfeed to satisfy the demand of D¢ENT Lab publishers. In addition, you agree that other D¢ENT Lab channels to which you are subscribed may remind advertised content to your feed.
11. Services Content
1. We may update our Services from time to time, but they will not necessarily be complete or up-to-date at any given time. Any of the material in the Services may be out of date at any given time, and we are under no obligation to update such material.
2. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such, except as may be required by applicable law.
3. Although it is D¢ENT Lab’s intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled or unscheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or software or hardware.
4. D¢ENT Lab reserves the right to remove any content from the Services that is deemed in violation of these Terms, without prior notice. Content removed from the Services may continue to be stored by D¢ENT Lab, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order.
12. Geographic Restrictions
1. D¢ENT Lab is based in the United States and provides its Services for use to persons located all over the world with the exception of those countries that are sanctioned by OFAC (https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, though these Terms are governed solely by United States law.
13. Payments and Renewals
1. D¢ENT Lab offers optional paid services such as premuim memberships. By accessing a premium membership you agree to pay D¢ENT Lab the one time, monthly or annual membership fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual membership period as indicated.
a. Automatic Renewal: Unless you notify D¢ENT Lab before the beginning of the applicable membership period that you want to cancel, your membership or service will automatically renew, and you authorize us to collect the then-applicable annual or monthly membership fee using any credit card or other payment mechanism we have on record for you. memberships can be cancelled at any time in User settings.
b. Refund Policy: All sales of D¢ENT Lab memberships are final and non-refundable. Any disputes should be directed to email@example.com.
14. Content Policy
1. The D¢ENT Lab Content Policy (the “Content Policy”), as may be amended from time to time, is hereby incorporated by reference and made a part hereof in its entirety. D¢ENT Lab will notify users of any changes to the Content Policy through the notice section on https://dcentlife.io.
15. Responsibility of Visitors
1. D¢ENT Lab has not reviewed, and cannot review, all of the material, including computer software, posted to our website, and cannot therefore be responsible for that material’s content, use or effects. By operating our website, D¢ENT Lab 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.
2. 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.
3. Our website may contain content posted by others that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, fake news, propaganda, satire, or other errors.
4. Our Website may also contain material posted by others 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.
16. Distribution of D¢ENT Lab’s Cents
1. D¢ENT Labs Cents are earned by interacting on D¢ENT Lab through posts, conversation, and performing other activities while logged into D¢ENT Lab.
2. Users that receive D¢ENT Lab Cents may use them to obtain certain specified discounts on products but D¢ENT Lab Cents do not have any intrinsic value outside D¢ENT Lab.
3. D¢ENT Lab Cents are not transferable and expire upon termination of any membership with D¢ENT Lab.
1. D¢ENT Lab may, from time to time, offer D¢ENT Lab Cents through promotional means such as in Rewards. Rewards will be governed by their own set of terms and conditions and it is your responsibility to abide by such terms and conditions, however, in the event there is a conflict between any Reward terms and conditions and these Terms, these Terms shall control.
a. Offers. D¢ENT Lab reserves the right, in its sole discretion, to cancel or modify any Reward offer if fraud or other failure destroys the integrity of the offer. In addition, D¢ENT Lab reserves the right, in its sole discretion, to extend or modify the time period during which a reward offer is available. D¢ENT Lab does not assume any responsibility for incorrect or inaccurate capture of registration information, technical malfunctions, human or technical error, seeding or printing errors, lost/delayed/garbled data or transmissions, omission, interruption, deletion, defect, or failures of any telephone or computer line or network, computer equipment, software or any combination thereof. Registration materials that have been tampered with or altered are void. If, in our opinion, any offer is compromised or becomes technically corrupted in any way, electronically or otherwise, we reserve the right to cancel, terminate, or suspend the offer.
b. Restrictions. There shall be no substitution, transfer or cash equivalent for Cents received through any promotional offer, except that D¢ENT Lab may, at its sole discretion, substitute items or cash of comparable value as applicable. All expenses, transaction fees and costs associated with the acceptance or use of the Tokens that are not expressly specified herein, or in the Reward offer’s official rules, are your sole responsibility. All federal, state and local taxes (as applicable) are your sole responsibility.
c. Release from Liability for Rewards. By accepting the Tokens received through any Rewards offer, you agree to hold harmless D¢ENT Lab, its parents, affiliates, subsidiaries, officers, directors, shareholders, agents, employees and all other associates (“Released Parties”) from and against any and all claims and liability arising out of your acceptance, transfer or use of the Tokens or acceptance of any D¢ENT Lab offers. You assume all liability for any injury or damage caused or claimed to be caused by accepting a D¢ENT Lab Reward offer or use, transfer or redemption of the Tokens. Information collected during registration will be used in accordance with these Terms and statements made in any promotional offer materials.
CAUTION: ANY ATTEMPT BY ANY PERSON OR ENTITY TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF A D¢ENT Lab REWARD OFFER IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE RELEASED PARTIES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.
d. Disputes: You agree to abide and be bound by the dispute resolution requirements as set forth in these Terms and any additional dispute resolution requirements as outlined in a specific promotion’s official rules.
18. Restricted Use
1. You may not use the Services or any associated API access to impersonate or attempt to impersonate D¢ENT Lab or any products or services offered by D¢ENT Lab; to falsely imply that you are associated with D¢ENT Lab, another User, or any other person or entity; or for any other fraudulent or misleading purpose. Any product or service created through any API of D¢ENT Lab must include a disclaimer that substantially sets forth that such product or service is not offered by D¢ENT Lab and that D¢ENT Lab does not condone sharing account credentials with any third party.
2. Your use of the Services is at all times subject to these Terms and the terms and conditions of the GNU Affero General Public License v3.0 (“AGPL-3.0”). If D¢ENT Lab believes, in its sole discretion, that you have violated or attempted to violate these Terms or the AGPL-3.0, your ability to use and access the Services may be temporarily or permanently revoked, with or without notice.
3. You may not farm, automate voting chains, game, manipulate or spam the site in order to gain D¢ENT Lab tokens in an unfair or deceitful manner.
19. D¢ENT Lab Content Review Policy
1. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which dcentlife.io links, and that link to dcentlife.io. D¢ENT Lab does not have any control over such other websites and is not responsible for their contents or their use. By linking to any such other website, D¢ENT Lab does not represent or imply that it endorses such website. 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. D¢ENT Lab disclaims any responsibility for any harm resulting from your use of such other websites and webpages.
1. We may change or update the Services in whole or in part at any time and we reserve the right to change these Terms at any time. If we make changes to these Terms that are material, we will let you know by posting in the “Notice” section on the newsfeed of the web version of D¢ENT Lab, or by sending you an email or other communication. The notice will designate a reasonable period of time after which the changes to these Terms will take effect. If you disagree with our changes, then you should stop using the Services within the designated notice period. Your continued use of the Services indicates your acceptance of such changes, your continued use of the Services will be subject to these Terms, as changed. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in effect when the dispute arose.
2. If we adopt a new policy relating to the Services that is material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the new policy takes effect. The notice will designate a reasonable period of time after which such new policy will take effect. If you disagree with such new policy, then you should stop using the Services within the designated notice period. Your continued use of the Services indicates your acceptance of such new policy, and your continued use of the Services will be subject to such new policy.
22. Disclaimer of Warranties and Limitation of Liability
1. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.
2. VIOLATION OF THESE TERMS MAY, IN D¢ENT LAB’S SOLE DISCRETION, RESULT IN TERMINATION OF YOUR ACCOUNT. YOU UNDERSTAND AND AGREE THAT D¢ENT LAB CANNOT AND WILL NOT BE RESPONSIBLE FOR THE CONTENT POSTED ON THE SERVICES AND YOU USE THE SERVICES AT YOUR OWN RISK. IF YOU VIOLATE THE LETTER OR SPIRIT OF THESE TERMS, OR OTHERWISE CREATE RISK OR POSSIBLE LEGAL EXPOSURE FOR D¢ENT LAB, WE CAN STOP PROVIDING ALL OR PART OF THE SERVICES TO YOU.
3. TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, D¢ENT LAB OFFERS THE SERVICES “AS-IS” AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COMPATIBILITY WITH ANY SOFTWARE OR HARDWARE.
4. D¢ENT LAB DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT D¢ENT LAB’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH USE OR DOWNLOADING MATERIAL FROM THE SERVICES.
5. D¢ENT LAB DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
6. YOUR USE OF THE SERVICES AND ITS CONTENT IS AT YOUR OWN RISK. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL D¢ENT LAB, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“THE D¢ENT LAB PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE D¢ENT LAB PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. D¢ENT LAB SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CLAIMS OF INFRINGEMENT RELATING TO THE SERVICES, FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE SERVICES OR RELATING TO THE SERVICES.
8. IN NO EVENT WILL THE AGGREGATE LIABILITY OF D¢ENT LAB AND THE D¢ENT LAB PARTIES (JOINTLY), IN ANY ACTION OR CLAIM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, OR THE SALE OR USE OF, OR INABILITY TO USE, D¢ENT LAB TOKENS IN CONNECTION WITH THE SERVICES, EXCEED THE AMOUNT YOU PAID TO US FOR D¢ENT LAB TOKENS AND USE OF THE SERVICES WITHIN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH ACTION OR CLAIM.
1. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE D¢ENT LAB PARTIES FROM AND AGAINST ANY AND ALL LOSS, EXPENSES, DAMAGES, AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, RESULTING, WHETHER DIRECTLY OR INDIRECTLY, FROM YOUR VIOLATION OF THESE TERMS. YOU ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS THE D¢ENT LAB PARTIES FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE SERVICES.
24. Dispute Resolution, Arbitration; Jurisdiction
1. PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH D¢ENT LAB AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
a. Binding Arbitration. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either Party 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 D¢ENT Lab (i) waive your and D¢ENT Lab’s respective rights to have any and all Disputes arising from or related to these Terms resolved in a court, and (ii) waive your and D¢ENT Lab’s respective rights to a jury trial. Instead, you and D¢ENT Lab will arbitrate Disputes through binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), to the maximum extent permitted by applicable law. (This includes 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).
b. No Class Arbitrations, Class Actions or Representative Actions. Any Dispute arising out of or related to these Terms is personal to you and D¢ENT Lab 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.
c. Notice; Informal Dispute Resolution. Each Party will notify the other Party in writing of any Dispute within thirty (30) calendar days of the date it arises, so that the Parties can attempt in good faith to resolve the Dispute informally. Notice to D¢ENT Lab shall be sent by email to D¢ENT Lab at [firstname.lastname@example.org]. Notice to you shall be by email to the then-current email address in your Account. Your notice must include (i) your name, postal address, email address and telephone number, (ii) a description in reasonable detail of the nature or basis of the Dispute, and (iii) the specific relief that you are seeking. If you and D¢ENT Lab cannot agree how to resolve the Dispute within thirty (30) calendar days after the date notice is received by the applicable Party, then either you or D¢ENT Lab may, as appropriate and in accordance with these Terms, commence an arbitration proceeding or, to the extent specifically provided for in these Terms, file a claim in court.
d. Process. Any arbitration will occur in the State of Connecticut. Arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference. The state and federal courts located in the State of Connecticut will have exclusive jurisdiction over (i) any appeals and the enforcement of an arbitration award, or (ii) any claim filed in court where permitted in these Terms.
e. Authority of Arbitrator. As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
f. Rules of JAMS. The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (i) acknowledge and agree that you have read and understand the rules of JAMS, or (ii) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
g. Injunctions and Court Proceedings. With respect to any action or proceeding for which courts are an expressly permitted method of adjudication hereunder (set forth below), the exclusive jurisdiction and venue for all such actions or proceedings arising out of, or related to, these Terms will be in an appropriate state or federal court located in the State of Connecticut. (the “Designated Courts”), and the Parties hereby irrevocably consent to the personal and subject matter jurisdiction of such court, waive any claim that such courts do not constitute a convenient and appropriate venue for such actions or proceedings, and waive the right to a trial by jury. Each Party consents to service of process upon itself by means of any of the methods for delivery of notice that are specified in these Terms.
h. To the extent that arbitration pursuant to the terms of this section is not permitted under applicable law, a Party may seek resolution of any dispute in the Designated Courts.
i. To the extent the Parties mutually-agree to forego arbitration for a dispute, the Parties shall seek resolution of such dispute in the Designated Courts.
j. Permitted appeals and/or enforcement of an arbitration award shall take place in the Designated Courts.
k. Certain breaches of these Terms by a User may, by its gravity or nature, cause immediate and irreparable injury to D¢ENT Lab that cannot be adequately compensated for in damages, including, without limitation, infringement of D¢ENT Lab’s intellectual property rights. Accordingly, notwithstanding anything to the contrary in these Terms, in the event of any such breach and in addition to all other remedies available herein, D¢ENT Lab may seek solely injunctive relief from the Designated Courts without posting a bond or other security.
25. Governing Law
1. These Terms will be governed by and construed and enforced in accordance with the laws of the State of Connecticut, without regard to conflict of law rules or principles (whether of the State of Connecticut or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.
26. Waiver and Severability
1. No waiver by D¢ENT Lab of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of D¢ENT Lab to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
2. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
1. To you: We may provide any notice to you under these Terms by: (A) posting a notice on our website; or (B) publishing our changes on our Gitlab page; or (C) sending an email to the email address then associated with your account. Notices we provide by posting on our website will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive or read the email.
2. To us: To give us notice under these Terms, you must contact D¢ENT Lab by email at [email@example.com]. We may update this email address for notices to us by posting a notice on our website or sending an email to you. Notices to us will be effective when received by us.
3. Language: All communications and notices to be made or given pursuant to these Terms must be in the English language.
28. Entire Agreement
1. These Terms of Service and, as applicable, our Terms of Sale of D¢ENT Lab Tokens (all as posted at https://www.dcentlife.io) constitute the sole and entire agreement between you and D¢ENT Lab regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
29. Force Majeure
1. D¢ENT Lab and its affiliates 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, including acts of God, labor disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, war, changes in blockchain technology, changes in the Ethereum or D¢ENT Lab protocols or any other force, event or condition outside of our control.
30. Your Comments and Concerns
Please direct questions or concerns regarding these Terms or the Services to D¢ENT Lab at [firstname.lastname@example.org].
Last Updated June 18, 2019 at 17:00:00 PST
Terms are provided by Invisible Hand Design, LLC dba D¢ENT Lab under Creative Commons Attribution – ShareAlike (CC BY-SA) based upon similar agreements which has been provided by https://wordpress.com.