TERMS AND CONDITIONS
1.Modifications to Terms
2.Changes to the Site
We reserve the right to suspend, discontinue, delete, modify, or remove any content, feature, functionality, product or service offered from time to time, without prior notice and without liability. We reserve the right to offer certain products, features, functionalities or services only in various versions or in selected times, in our sole discretion.
3.Third Party Content
From time to time, the Site includes links to other websites that are owned or operated by third parties (“Third Party Websites”). These links are provided for your convenience to provide further information. They do not signify that we endorse any Third Party Websites. We have no responsibility for the content of Third Party Websites.
You may be required to create an account and specify credentials (or be given credentials by us) in order to use certain services or features on the Site. To create an account, you must be at least 18 years old and you must provide truthful and accurate information about yourself. You must not impersonate anyone else. If your information changes at any time, you must update your account promptly to reflect those changes. You may not share your account with anyone else. You must keep your account credentials confidential. You are responsible for all activity occurring under your account credentials. If you believe that your account has been compromised at any time, you must immediately notify us. We reserve the right to terminate the account or refuse any or all use of the Site if registration information submitted appears or proves to be false, inaccurate or incomplete. Registration of more than one account per individual, and/or automatic generation of multiple accounts, are not permitted without our prior written consent.
We may provide opportunities for you to use the Site in conjunction with text, photographs, videos, advertising materials or other content that you provide or make available to us (collectively, “Your Content”). You can only provide Your Content if you own all the rights to it, or if another rights holder has given you all necessary rights and permissions. You do not transfer ownership of Your Content simply by providing or making it available to us. However, by providing or making Your Content available to us, you grant us, our agents, licensees, and assigns a non-exclusive right and permission to use Your Content as necessary for us to provide our services to you and/or to evaluate your application that you submit to us.
As between you and us, we are and shall continue to be the sole and exclusive owner of all right, title and interest in and to Site and all materials and software therein (excluding Your Content, and any content owned by third parties), including all intellectual property rights associated with the foregoing and any enhancements to any of the foregoing.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for Your Content and for all acts or omissions that occur under your account. You may not use the Site in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Site or any features on the Site (including any technological measures we employ to enforce these Terms or protect the Site). For example and without limitation, you may not, nor attempt to or encourage or aid others to, directly or indirectly:
- Reverse engineer, decompile, disassemble or otherwise attempt to derive the Site’s source code, techniques, processes, algorithms, or other content or software made available or viewable to on or through the Site;
- Copy, reproduce, alter, modify, publicly display, distribute, translate, adapt, or create derivative works from the Site or portions thereof;
- Use the Site or portions thereof for the benefit of third parties, rent or lease any content or software from the Site or portions thereof, or make same available to any third party on a “service bureau” basis;
- Make any commercial use of any content or software from the Site except as expressly agreed upon between you and us in a separate, written, duly executed agreement;
- Transfer any content or software from the Site to another person or entity or “mirror” same on any other server;
- Remove or alter or obscure any proprietary notices from the Site;
- Use any robot, spider, other automated device or manual process to monitor or copy any content or software from the Site;
- Use the Site or any portions thereof for competitive purposes, for performing comparisons, or for any other “benchmarking” activities, either alone or in connection with any software;
- Attempt to gain unlicensed admission to the Site or any related systems or networks by means of hacking, password mining, or any other illegal or unethical means;
- Impose a load that is unreasonable or too large on the Site’s infrastructure, or make unnecessary traffic demands;
- Use the Site in a manner that violates the rights of other users or third parties, such as breaching a third party’s right of confidence, copyright, trademark, patent, trade secret, moral rights, privacy rights, or any other rights, whether intellectual or proprietary;
- Use the Site as a means of transmitting destructive items such as viruses, worms, Trojan horses, or any devices, software or routine designed to interfere with the proper working order of the Site or any computer or device;
- Harvest or collect email addresses or other contact information for any unauthorized purpose;
- Use the Site in connection with any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other unauthorized solicitation material; or
- Use the Site in conjunction with any of Your Content that violates any law or regulation, infringes or dilutes any third party rights, is libelous or defamatory, promotes hate, violence, discrimination or racism or any illegal activities, products, services or subject matter, is adult-related or obscene, or contain any viruses, Trojan horses, spyware, malware or other harmful or malicious components.
We are not responsible to monitor any users or Your Content. However, if we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to take down Your Content, terminate your account, prohibit you from using the Site, and take appropriate legal action.
If you send us any ideas, suggestions, or other feedback about the Site, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you. You hereby assign to us any ideas, suggestions, enhancement requests, feedback or recommendations you provide to us related to the Site.
Neither we nor any third parties provide any warranty or guarantee as to the Site, or as to its accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
10.Limitation of Liability
EXCEPT WHERE PROHIBITED, NEITHER WE NOR OUR SUBSIDIARIES, PARENT, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “SAFEMOON ENTITIES”) SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM THE SITE, YOUR USE OF THE SITE OR ANY THIRD PARTY’S USE OF THE SITE. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF ANY SAFEMOON ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. YOUR EXCLUSIVE REMEDY AND THE TOTAL AGGREGATE LIABILITY OF THE SAFEMOON ENTITIES RELATING TO OR IN CONNECTION WITH THE SITE UNDER ANY THEORY OF RECOVERY SHALL BE LIMITED TO THE LESSER OF: (1) THE AMOUNTS PAID BY YOU FOR USE OF THE SITE; OR (2) TEN U.S. DOLLARS ($10). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION AND/OR CLAIMS IN THE AGGREGATE FOR ANY REASON. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. THE PROVISIONS OF THIS SECTION DO NOT WAIVE OR LIMIT ANY SAFEMOON ENTITIES’ RIGHT TO OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR BREACH OF THESE TERMS. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
We will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that content is being displayed on or through the Site in a manner that constitutes copyright infringement (such person or entity, a “Complainant”) and sends to us a properly submitted copyright notice as indicated below, we will investigate, and if we determine, in our discretion, that the material is infringing, we will remove such material (and may terminate the access of the user who posted such content in the case of repeat infringers). All notices claiming an infringement of copyright rights must contain the following:
(a) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant’s ownership of the work, should be included;
(b) A statement specifically identifying the location of the infringing material, with enough detail that we may find it on the Site. Please note: it is not sufficient to merely provide a top level URL;
(c) The complete name, address, telephone number and e-mail address of Complainant;
(d) A statement stating that Complainant has a good faith belief that the use of the material is not authorized by the owner of the rights, their agents, or by law;
(e) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed;
(f) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.
Our contact information for notice of alleged copyright infringement is: email@example.com or via mail to our offices at the address referenced above.
You agree to indemnify and hold harmless SafeMoon and its subsidiaries, parent, affiliates, officers, directors, employees, agents, successors and assigns from and against any and all liabilities, losses, claims, damages, costs and expenses, including but not limited to reasonable attorney’s fees and costs of litigation, related to or arising out of: (i) your breach of these Terms, (ii) any of Your Content that you submit or post, (iii) your use of the Site, or (iv) any infringement or violation by you or a third party that may be using your account of any intellectual property right, proprietary right or other right of any person or entity. You may not settle any claim without our prior written consent.
This Agreement shall be in force while you use the Site. You may stop using the Site at any time in your sole discretion. We reserve the right to terminate, without prior notice, any user account or to suspend any user’s access to the Site (temporarily or permanently), with or without notice, if we believe that the user has violated these Terms. If your account or access rights are terminated, your rights to use the Site will cease immediately. Termination is without prejudice to all other remedies available to us. All provisions of these Terms that are, by their nature, meant to survive termination or expiration of these Terms, including but not limited to those relating to liability and indemnity, shall survive any expiration or termination of these Terms.
These Terms are governed by and construed in accordance with the laws of the state of Utah, United States, without regard to its conflict of laws rules. You expressly agree that, to the extent permitted by law, the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Site resides in the courts located in Utah, United States, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. Notwithstanding the foregoing, SafeMoon may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Any failure by us to enforce our rights under these Terms at any time for any period will not be construed as a waiver of such rights, and the exercise of one right or remedy will not be deemed a waiver of any other right or remedy. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision. The captions in these Terms are solely for convenience and shall not affect interpretation thereof. You shall not assign these Terms. Any assignment made in violation of these Terms will be void. We reserve the right to transfer or assign these Terms without restriction. All notices to us in connection with these Terms will be deemed given as of the day they are received either by email, messenger, delivery service, or in the U.S. Mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows or to such other address as we may designate from time to time.
Last Updated: 10/3/23