Terms of Service

Siki Holdings, Inc. Terms of Use Effective Date: January 7, 2022
Acceptance Of Terms; Modification Of TermsWelcome to Siki! These Terms of Use are entered into by and between you and Siki Holdings, Inc. (“Siki”). Siki. owns, controls and operates the platform known as “Siki.io”, a web-based, content streaming and sharing service available at our website, https://www.siki.io/ (including all subdomains and related websites owned and operated by Siki, collectively the “Site”), and through Siki’s desktop and/or mobile applications (including any backend developer applications, collectively, the “App” and together with the Site, the “Siki Service”), which is built atop an open source, decentralized, web-based, content hosting, streaming and delivery blockchain infrastructure protocol, and other decentralized technologies (the “Blockchain Protocol”, and together with the Service, the “Platform”), and linked to such Blockchain Protocol via an IPFS public gateway.
These Terms of Use and all other terms and conditions, policies, guidelines, content, functionality, services offered, and documents incorporated by reference herein, including, without limitation, our Privacy Policy available at https://siki.io/legal/privacy-policy (“Privacy Policy”) (collectively, the “Terms of Use”), constitute a legally binding agreement between Siki and each registered or unregistered end user and/or participant of the Platform (each, a “User”, “you” or “your”, and as described herein).
By accessing and using the Platform and/or creating any type of User profile account on the Platform (an “Account”), in any manner, including, but not limited to, visiting or browsing the Platform, publishing or listening to Content (as defined herein) on or through the Platform, or providing backend development, serving, discovery or governance services for the Platform, you are deemed to have read, accepted, executed, and be bound by these Terms of Use. YOU MUST BE AT LEAST THIRTEEN (13) YEARS TO ACCESS AND USE THE PLATFORM; PROVIDED, IF YOU ARE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18) YEARS OLD (OR ANY GREATER AGE REQUIRED TO BE DEEMED TO HAVE REACHED THE AGE OF MAJORITY UNDER THE APPLICABLE LAW OF THE STATE OR JURISDICTION OF YOUR PRIMARY RESIDENCE) YOU MAY ONLY ACCESS AND USE THE PLATFORM WITH THE PRIOR PERMISSION OF YOUR PARENT OR LEGAL GUARDIAN, AND YOU REPRESENT AND WARRANT TO SIKI THAT YOU HAVE SUCH PERMISSION AND THAT YOUR PARENT OR LEGAL GUARDIAN HAS REVIEWED AND DISCUSSED THESE TERMS OF USE WITH YOU. SINCE CERTAIN CONTENT (i.e., SOUND RECORDINGS THAT MAY CONTAIN EXPLICIT LYRICS, ETC.) MADE AVAILABLE ON THE PLATFORM MAY NOT BE SUITABLE FOR MINORS, WE RECOMMEND THAT PARENTS OR LEGAL GUARDIANS WHO PERMIT THEIR CHILD TO ACCESS AND USE THE PLATFORM TO SUPERVISE SUCH CHILD’S ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY ENGAGEMENT WITH ANY OTHER USER THEREON.
Please note that these Terms of Use contain an arbitration clause and class action waiver. By agreeing to these Terms of Use, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have the dispute decided by a judge or jury, and you waive any right to participate in collective action, whether that be a class action, class arbitration, or representative action.
These Terms of Use apply to each of the following types of Users of the Platform, who in addition to being bound by these Terms of Use generally, are also bound by those specific terms and conditions contained herein and applicable directly to such User types:
(1) Users who publish or otherwise make Content available on or through the Platform that can be accessed, listened to or otherwise interacted with by Listeners (“Creators”);
(2) Users who access, listen to and/or otherwise interact with Content published or otherwise made available on or through the Platform by Creators (“Listeners”);
Siki may change or amend these Terms of Use at any time at its sole and absolute discretion. Siki encourages you to review these Terms of Use carefully and to check these Terms of Use periodically for any updates or changes. If Siki makes a material change or amendment to these Terms of Use, Siki will provide a notification of such changes or amendments on the Platform, which changes, or amendments will be effective automatically upon the posting of such notification. You agree that all agreements, notices, disclosures and other communications Siki provides to you electronically satisfy any legal requirement that such communications be in writing. Notwithstanding anything to the contrary contained herein, no revisions to the Terms of Use will apply to any dispute between you and Siki that arose prior to the effective date of such revision. In the future, Siki may implement a governance protocol (as further described in Section 7 (Governance of the Platform) of these Terms of Use) whereby all or a portion of Users, will be individually and/or collectively given certain decision making rights regarding Platform changes and upgrades and at such time, you agree to be bound by any changes to the Platform implemented via such communal governance protocol.
Siki may, from time to time, release new versions of the Platform, or release or introduce new tools, products, services, functionalities, and/or features for the Platform, which will be subject to these Terms of Use, and any additional terms and conditions as may apply to such additional versions, tools, products, services, functionalities, or features. Additionally, as a decentralized protocol, Users of the Platform may from time to time allow users to become node operators, develop and create new tools, products, services, functionalities, and/or features for the Platform, which will also be subject to these Terms of Use, and any additional terms and conditions that may be established in connection therewith.
IF ANY PROVISION OF THESE TERMS OF USE OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO USE THE PLATFORM AND DO NOT CREATE OR CONTINUE TO MAINTAIN AN ACCOUNT. YOUR CONTINUED USE OF THE PLATFORM FOLLOWING THE POSTING OF ANY NOTICE OF ANY CHANGE TO THESE TERMS OF USE SHALL AUTOMATICALLY CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO SUCH CHANGE.
Platform LicenseSiki hereby grants you a limited, non-exclusive, revocable (solely with respect to the Siki Service), royalty-free, non-transferable, non-assignable, non-sublicensable, right and license to access and make personal use of the Platform, the “Platform Elements” (as defined below), and the Content, solely as permitted by the tools, products, services, functionalities and/or features made available to Users of the Platform, subject in all respects to these Terms of Use, and not for redistribution of any kind (the “Platform License”). Except as otherwise expressly set forth herein, this Platform License does not include any resale or, except as expressly set forth herein, commercial use of (i) the Platform, (ii) any “Registration Data” (as defined below), (iii) any content, materials, information, text, data, copyrights, “Trademarks” (as defined below), logos, designs, insignia, images, photos, musical compositions, sound recordings, screenshots, videos, chats, posts, graphics, identifying marks, Platform pages, software, code, and other original works of authorship and/or intellectual property uploaded to, or incorporated into, the Platform by or on behalf of Siki (collectively, “Platform Elements”), which Platform Elements are and shall remain the sole and exclusive property of Siki (or the applicable third-party licensor thereof), or (iv) any Content published or otherwise made available on or through the Platform by any Creator, which Content is and shall remain the sole and exclusive property of the applicable Creator (or the applicable third-party licensor thereof), subject to the Content License (defined herein) in and to such Content granted pursuant to these Terms of Use.
As between any User and Siki, Siki retains all right, title and interest in and to the Platform (excluding the Blockchain Protocol), throughout the world, in perpetuity, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Platform, all other materials and content uploaded or incorporated into the Platform, including, without limitation, all Platform Elements (but excluding Content, which as between Siki and the applicable User is owned by the applicable User subject to the Content License granted to Siki pursuant to these Terms of Use), all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world, and (v) the coordination, selection, arrangement and enhancement of the foregoing as a Collective Work under the United States Copyright Act, as amended (collectively, “Platform IP”), and nothing contained herein shall be construed as creating or granting to any User any right, title or interest in and to such Platform IP other than the express license granted therein pursuant to these Terms of Use. Platform IP is protected in all forms, media and technologies now known or hereinafter developed as well as by the domestic and international laws of copyright, trademarks, patents, and other proprietary rights and laws.
Siki’s trademarks, service marks, and logos (collectively, the “Siki Trademarks”) used and displayed on the Platform are Siki’s registered and unregistered trademarks or service marks. Other product and service names located on the Platform may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with Siki Trademarks, the “Trademarks”). Except as otherwise permitted by law, you may not use the Trademarks to disparage Siki or the applicable third-party owner thereof, Siki’s or the applicable third-party’s products or services (including, without limitation, the Platform), or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from the Platform without Siki’s prior express written consent. All goodwill generated from the use of any Trademark will inure solely to the benefit of Siki or the applicable third-party owner thereof. Violation of this Platform License may result in infringement of intellectual property and contractual rights of Siki, other Users of the Platform, or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
User Accounts; Registration DataWhile you may browse the public-facing portions of the Platform without registering with us, in order to enjoy the full benefits of the Platform, or become a Creator, you must first register for and create an Account.
You agree to create only one (1) unique Account and that you shall be the sole authorized user of your Account. As part of the registration process, Users will be asked to submit certain information such as their name, email address, profile name and photo/image, and to create an Account login password (collectively, “Registration Data”). Registration Data also includes your location by city and state, which you have the option to remove from your Account profile at any time. You understand and agree that access to your Account is limited solely to you. You agree you will not sell, rent, lease, or grant access to your Account to any person without prior written permission. You may also link your Account to your Twitter or Instagram account, and in the future other social media accounts, through your Account settings options by providing your credentials, as applicable, and all data transfers in connection therewith shall be governed by our Privacy Policy. You agree and represent that all Registration Data you provide to Siki will be and remain at all times true, accurate, current and complete. Siki may from time to time modify or add to the Registration Data information fields required to create an Account, and you agree to promptly complete any such additional or modified information fields when and as requested by Siki. In some cases, in order to utilize certain features and functionalities of the Platform you will also need to update your Account and/or operating system settings to allow Siki to access your address book/contacts and camera/microphone functions, provided this will be voluntary and subject to you opting in to allow Siki access to such functions on your device. You must make sure that your Account profile name complies with these Terms of Use. Your registration with Siki is subject to our confirmation and will become valid when Siki either confirms your registration or activate your Account. Siki will have the right to use your Registration Data in connection with servicing and operating the Platform and in other manners as set forth in more detail in our Privacy Policy. You understand and agree that you are solely responsible for maintaining the security of your account and control over any user names, passwords, or any other codes that you use to access the Services. Any unauthorized access to your account by third parties could result in the loss or theft of funds held in your account and any associated accounts, including your linked bank account(s) and credit card(s). You understand and agree that you will not hold us responsible for managing and maintaining the security of your account. Communication: you agree and understand that we will communicate with you via electronic means. To ensure that you receive all of our communications, you agree to keep your email address and telephone number current and notify us if there are any changes. You agree that any notices, agreements, disclosures, or other communications delivered to your email address on record is considered valid.You agree (i) to restrict access by any other person or entity to your password or other login information, (ii) to not knowingly use the name or email of any other person without authorization, (iii) to not use an email or profile name that is profane, offensive or otherwise inappropriate, (iv) to not allow any third-party to use your login information, Registration Data or Account, and (v) to not re-create any new or additional Account in the event your original Account is suspended or terminated in accordance with the terms hereof. You agree that you will be liable for all activities that occur under your Account, even if such activities were not committed by you. Siki is not responsible for any loss or damage as a result of someone else using your Account, Registration Data or password with or without your knowledge. You agree to notify Siki of any breach of security by promptly sending Siki an e-mail to admin@siki.io
ListenersIf you are accessing and using the Platform in your capacity as a Listener, you hereby acknowledge and agree that you may only make personal and non-commercial use of the Content published to the Platform by Creators, and you may not sell, license, rent, or otherwise exploit any such Content for commercial purposes or in any way that violates these Terms of Use or the rights of any third-party. Each Listener further acknowledges and agrees that a Creator may restrict or limit the specific manner in which such Listener can access, listen to, or otherwise interact with Content that such Creator has published or otherwise made available on or through the Platform (e.g., by permitting a Listener to stream certain Content but not download or share such Content off-Platform), or impose a fee for such Listener to access, listen to, or otherwise interact with such Content. Each Listener hereby agrees to comply with any imposed payment requirements and/or to use Content solely in accordance with the specific permissions granted and restrictions imposed by the applicable Creator thereof. Any use of Content outside of those permissions and/or restrictions set by the applicable Creator therefor requires the separate and express written permission of such Creator in each instance.
CreatorsContent DefinitionAs used in these Terms of Use, “Content” shall mean all sound recordings, musical compositions, metadata, information, text, artwork, copyrights, trademarks, logos, designs, insignia, data, information, and other content, materials, original works of authorship, and/or intellectual property that is published or otherwise made available on or through the Platform by a Creator for a Listener to access, listen to or otherwise interact with via the Platform.
Creator Content LicenseIf you are accessing and using the Platform in your capacity as a Creator, you hereby represent and warrant to Siki that: (i) all Content that you publish or otherwise make available on or through the Platform is your original work of authorship for which you are the sole and exclusive owner, or that you have obtained all licenses, consents, releases, and other permissions from the applicable third-party owner(s) thereof as may be necessary to grant Siki the Content License in and to such Content hereunder, and (ii) the use of such Content by Siki and/or any other User or sublicensee of Siki does not, and will not, violate any applicable laws or the rights of any third-party, including, without limitation, any right of publicity, right of privacy, copyright, patent, trademark, or other intellectual property right or proprietary right. Each Creator acknowledges and agrees that its Content will be made publicly available to other Users on the Platform via the distribution functionalities described in, and in accordance with, these Term of Use. Each Creator further acknowledges and agrees that its Account profile name or login identifier will be linked to, or appear alongside, all such publicly available Content.
In the future, Siki may implement functionality that permits you, as a Creator to impose a payment on Listeners in order to (i) enable Listeners to access, listen to or otherwise interact with Content that such Creator publishes or otherwise makes available on or through the Platform or (ii) make specific uses of such Content via the functionalities available on the Platform, may do so via their Account settings at the time such Content is published to the Platform or any time thereafter.
Each Creator retains all right, title and interest in and to any Content (including all copyrights and other intellectual property rights related thereto or contained therein) that it publishes or otherwise makes available on or through the Platform; provided, that each such Creator hereby grants to Siki and its affiliates, successors, licensees, and assigns, and each Node Operator, if applicable (and Listeners through such Node Operator, if applicable), a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid (subject to any fee imposed on Listeners, as applicable), transferrable, assignable, sublicensable (through multiple tiers) right and license to use, copy, reproduce, display, distribute, publish, modify, adapt, make derivative works of, make collective works with, translate, and otherwise exploit (i) such Content (including all copyrights and other intellectual property rights related thereto or contained therein) and (ii) such Creator’s name, image, voice, likeness, profile information and biographical material (as applicable), and any other right of publicity/privacy held by such Creator in connection with such Content, in any and all media now known or hereafter discovered, in connection with the Platform (including, without limitation, the operation thereof and the provision of any tools, products, services, functionalities and/or features now or in the future offered in connection therewith), the advertising, marketing, promotion, publicity, and merchandizing of the Platform and any products and services related thereto, and to identify such Creator as the source of the applicable Content (collectively, the “Content License”).
For the avoidance of doubt, the Content License granted to Siki hereunder covers our ability to sublicense to, and permit, other Users of the Platform to, use each Creator’s Content in connection with all tools, products, services, functionalities and/or features made available in connection with the Platform from time to time, subject to these Terms of Use, and each Creator specifically acknowledges and agrees that certain rights being granted pursuant to the Content License will be sublicensed and passed through to other Users, including, without limitation, Node Operators in order for such Node Operators to perform their requisite services for the Platform, if applicable. Moreover, the Content License granted hereunder includes the right for Siki (and certain Node Operators, if applicable) and other Users to reproduce, transmit and otherwise distribute sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings) via the Platform, and to publicly perform and communicate to the public sound recordings (and the musical works embodied therein) via the Platform, all on a royalty-free basis; which means that you are granting Siki (and certain Node Operators, if applicable) and the other Users of the Platform (as applicable) the right to use your Content without the obligation to pay royalties to any third-party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of Content. If any Creator is a composer or author of a musical work and is affiliated with a PRO, then such Creator must notify your PRO of the royalty-free license it grants through these Terms of Use to us. Such Creator is solely responsible for ensuring its compliance with the relevant PRO’s reporting obligations. If such Creator has assigned its rights to a music publisher, then it must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms of Use or have such music publisher enter into these Terms of Use with us. Creators should not presume that since it authored a musical composition that it has all the rights necessary to grant Siki the licenses in these Terms of Use.
Each Creator acknowledges and agrees that certain functionalities and service offerings within the Platform enable Listeners to post hyperlinks to certain Content onto third party websites/applications, social media channels, and messaging platforms and that the Content License granted to Siki hereunder is provided on a through-to-the-audience basis, meaning the owners or operators of such third party websites/applications, social media channels, and messaging platforms will not have any separate liability to any Creator or any other third-party as a result of any such Content hyperlinks being uploaded to its service/platform.
By uploading any Content to the Platform, each Creator waives any rights to prior inspection or approval of any marketing or promotional materials for the Platform that relate to such Content. Each Creator also waives any and all rights of privacy, publicity, or any other rights of a similar nature in connection with its Content, or any portion thereof, in connection with the use thereof as contemplated herein. To the extent any moral rights are not transferable or assignable, each Creator hereby waives and agrees never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that it may have in or with respect to the use of any Content published or otherwise made available on or through the Platform in accordance with these Terms of Use.
Each Creator acknowledges and agrees that Siki may request that the “Governance System” (as defined below) establish general practices and limits concerning use of the Platform, including without limitation the maximum number of days that Content posted to the Platform will be retained by, or made available through, the Platform, and the maximum storage space that may be allotted Content Node Operators’ systems on such Creator’s behalf. Each Creator further acknowledges and agrees that it has no control over the amount of Content Node Operators, if applicable, participating in the Protocol or the amount of storage space made available by such Content Node Operators, if applicable, and each Creator further acknowledges and agrees that Siki has no responsibility or liability for the blocking or deleting any Content from the Node Operator system, or failure to store any Content maintained or transmitted by the Platform. Each Creator further acknowledges that Siki reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice to such Creator.
EACH CREATOR ACKNOWLEDGES AND AGREES WHEN IT UPLOADS CONTENT THROUGH THE SIKI SERVICE ANY THIRD PARTY SERVICE THAT LINKS TO THE BLOCKCHAIN PROTOCOL VIA THE IPFS PUBLIC GATEWAY WILL BE ABLE TO ACCESS AND USE SUCH CONTENT OUTSIDE OF THE SIKI SERVICE AND THAT SUCH USE WILL NOT BE GOVERNED BY THESE TERMS OF USE. IF YOU ARE NOT COMFORTABLE WITH YOUR CONTENT BEING ACCESSED AND USED BY A THIRD PARTY SERVICE THEN YOU SHOULD NOT UPLOAD YOUR CONTENT TO BE MADE AVAILABLE ON THE PLATFORM. YOU FURTHER ACKNOWLEDGE THAT SIKI HAS NO CONTROL OVER THE USE OF THE CONTENT THAT YOU CHOOSE TO UPLOAD TO THE PLATFORM, AND SIKI HAS NO OBLIGATION TO TAKE ACTION ON YOUR BEHALF AGAINST A THIRD PARTY SERVICE THAT CHOOSES TO ACCESS YOUR CONTENT BY LINKING TO THE BLOCKCHAIN PROTOCOL AND TO THE EXTENT SUCH USE IS NOT PERMITTED YOU WILL HAVE TO CONTACT SUCH THIRD PARTY DIRECTLY.
Creator DMCA NoticeFurther, Siki does not endorse, support or guarantee the completeness, accuracy or reliability of any Content or communications posted via the Platform or opinions expressed therein. Use of, or reliance on, any Content published or otherwise made available on or through the Platform is at your own risk. For the avoidance of doubt, Siki will not be liable for any unauthorized use of Content by any User. You acknowledge and agree that your submission of Content to the Platform does not create any new, or alter any existing, relationship between you and Siki.
There is no paragraph 6.
Governance Of The PlatformPurposeSiki desires to create a Platform where all registered Users are free to collaborate and share the world’s music. The decentralized protocol on the Platform, whereby Creators, Listeners and Node Operators (if applicable), will be individually and collectively enfranchised in decision making about Platform changes and upgrades is hereinafter referred to as the “Governance System”. The terms set forth and voting rights will be described in this Section 7.
Public Information; Interaction With Other UsersYou acknowledge and agree that certain information that your provide in connection with the registration of your Account and other Account data (such as your Account profile name and/or picture, city and state, social media handles, certain Content uploaded by you or other Users to the Platform that you like/follow, how many Users on the Platform are following your Account, how many Users on the Platform have liked/followed certain Content that you have uploaded to the Platform and selected to be made publicly available, and any and all comments, messages, voting actions, or any other content uploaded by you to the Platform in connection with your participation in the Governance System) will automatically become publicly viewable by all Users of the Platform and that you will not have the option of making such information and/or data private. In addition, you acknowledge and agree that when you make Content that you upload to the Platform publicly available by all other Users of the Platform, that other Users of the Platform will be able to listen, like, follow, repost, share (applicable Content hyperlink), and/or interact with such Content.
Content shall not contain protected health information. You are strictly prohibited from submitting Content that is considered protected health information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). You are also strictly prohibited from submitting through the Platform in any manner or otherwise providing Siki with any “sensitive information,” (which includes, for example, personal information specifying medical or health conditions, racial or ethnic origin, or trade union membership). None of the foregoing shall obligate Siki to actively screen the information that you provide.
The Platform also enables Users to communicate and interact with other Users and publicly available Content, including, without limitation, by enabling Users to listen, like, share, or re-post other Users’ Content, and Siki may in the future implement functionality to enable Users to comment on other Users’ Content, and to direct message other Users. The Platform may in the future enable additional User interaction features such as public forums/message boards, User Content rating systems, and other interactive community-based functionalities. You will be publicly identified by your Account username or login identifier when communicating and otherwise interacting with other Users/ Content on the Platform. You are solely responsible for all of your interactions with the Platform and other Users/ Content on or through the Platform. In your interactions with other Users/Content, you agree to conduct yourself professionally, civilly and respectfully at all times and in no event will you harass, solicit, stalk, maliciously target, or otherwise make hurtful, defamatory, or derogatory comments towards, or engage in malicious conduct against, any other User/Content. You acknowledge and agree that in using the Platform, Siki will not be responsible for the actions of any Users with respect to any other User or Content, and that Siki does not actively monitor or police the specific interactions between Users of the Platform and other Users or Content (and has no obligation to do so). You hereby release, disclaim and hold Siki harmless from and against any and all liability resulting from a User’s interaction with, or conduct towards, any other User or Content (whether online or offline). Notwithstanding the foregoing, Siki reserves the right to determine, in its sole discretion, what constitutes harassment, mischief, or unacceptable conduct with or towards other Users or Content, and where that has occurred, and may in its sole discretion, report such User to the Governance System of the Platform to allow any Users participating in the Governance System to adjudicate such behavior.
There is no paragraph 9.
Notifications/Contact; Third Party Content And CommunicationsBy providing Siki with your email address and using the Platform, you hereby affirmatively consent to the use of your email address for notifications from Siki regarding important Platform announcements and other administrative communications related to your use of the Platform, various services and functionalities offered thereon, as well as certain marketing and other advertising communications from Siki and from our third-party advertising partners, as more fully set forth in our Privacy Policy. You will be able to opt out of receipt of certain notifications by following the instructions described in our Privacy Policy; however, if you do not wish to receive certain service and other administrative notifications related to the Platform, your only way to opt out of such messages is to stop using and delete the Platform.
Siki disclaims all liability for any communications directed to you from any third-party directly or indirectly in connection with the Platform (“Third-Party Communications”) that you may receive, and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. Siki assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communications.
The Platform is based on a third party, public blockchain infrastructure, and also includes third-party content or links (such as hyperlinks) to third-party websites, products or services (including external websites that are framed by the Platform as well as any advertisements displayed in connection therewith) that are not owned or controlled by Siki (collectively, “Third-Party Content”). They are provided as an information service, for reference and convenience only. Siki does not control any such Third-Party Content and is not responsible for their (i) availability or accuracy, or (ii) content, advertising, or products or services. Siki does not make any representations or warranties with respect to any Third Party Content and all use thereof is provided on an “as is” and “as available” basis and your use thereof is at your own risk. Inclusion of any Third-Party Content on the Platform does not constitute or indicate Siki’s endorsement thereof and Siki shall not be liable or responsible for any Third-Party Content transmitted through the Platform. You shall be subject to any additional terms and conditions of use, guidelines or rules applicable to any Third-Party Content that you access through the Platform (“Third-Party Terms”). All such Third-Party Terms are hereby incorporated by reference into these Terms of Use. You acknowledge and agree that Siki will not and cannot censor or edit any Third-Party Content and that you shall assume the sole responsibility for and risk associated with your use of Third-Party Content, including compliance with the terms and conditions of use, privacy policies, or practices associated therewith. Accordingly, Siki encourages you to be aware when you leave the Platform and to read the terms and conditions of use and privacy policies associated with any Third-Party Content.
By using the Platform, you expressly relieve and hold Siki harmless from any and all liability arising from your use of any Third-Party Communications and Third-Party Content, including any loss or damage incurred as a result of any dealings between you and any third parties, or as the result of the presence of such Third-Party Content on the Platform or the failure of such Third-Party Content to function as intended. It is your responsibility to evaluate the content and usefulness of the information obtained from Third-Party Content.
Limitations On Platform UseThe Platform and any Content belonging to another User may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded (unless permitted by a Creator for such Creator’s Content), sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by you for any purpose except as facilitated by the tools, products, services, functionalities and/or features made available to Users of the Platform, subject to these Terms of Use, or without the express prior written consent of Siki, the applicable User, and/or the applicable third-party owner thereof, in each instance.
Without limiting the foregoing, while using the Platform, you may not conduct any of the following activities:
Defame, abuse, harass, stalk, threaten, bully, or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of Siki or other Users, or use information learned from the Platform to otherwise defame, abuse, harass, stalk, threaten, bully, intimidate or mislead, or otherwise violate the legal rights of Siki or any other User outside of the Platform.
Upload Content to the Platform, or otherwise interact with other Users to communicate or distribute information, that is defamatory, profane, infringing, obscene, pornographic, unlawful (e.g., drug use or other criminal activity), offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
Upload Content to the Platform for which you are not the owner, or for which you have not obtained all rights, clearances, licenses and other consents required to do so and to grant Siki the Content License in and to such Content set forth herein.
Solicit or induce, or attempt to solicit or induce, other Users on the Platform to take any actions that could be harmful to such Users or any other person or property, or that otherwise would violate any applicable laws.
Use the Platform for any purpose in violation of applicable local, state, national, or international law.
Use or otherwise export or re-export the Platform or any portion thereof, or Content in violation of the export control laws and regulations of the United States of America.
Upload Content or other material or software that violates the intellectual property rights (or rights of privacy or publicity) of any third-party or for which you have not obtained the necessary rights or permissions to use accordingly.
Upload Content or other material or software that features any person that has not given you express permission to include such person in such Content and who has not granted you all rights necessary or required for you to grant Siki the Content License in and to such Content, including, without limitation, such person’s name, image, voice, likeness, biographical material, and any other right of publicity/privacy held by such person in connection with such Content.
Upload Content or other material or software files that contain viruses, Trojan horses, corrupted files, malware, spyware, bugs, or any other similar programs that may damage or infiltrate the operation of the Platform or any other User’s computer or mobile device.
Conduct or forward surveys, contests, pyramid schemes, or chain letters.
Advertise or offer to sell any goods or services (other than as expressly permitted pursuant to the functionalities and service offerings via the Platform) for any commercial purpose through the Platform, or otherwise post commercial advertisements, affiliate links, and other forms of solicitation, without Siki’s prior written consent in each instance.Impersonate another person or User or knowingly allow any other person or entity to use your identification or account to post or view comments on, or otherwise utilize, the Platform.
Restrict or inhibit any other User from using and enjoying the Platform.
Imply or state that any statements you make are endorsed by Siki or any other User, without the prior written consent of Siki or such User.
Use a robot, spider, manual and/or automatic processes, or devices to data-mine, data-crawl, scrape or index the Platform in any manner (excluding SEO-related scraping (e.g., Google indexing)).
Hack or interfere with the Platform, its servers or any connected networks.
Adapt, alter, license, sublicense or translate the Platform for your own personal or commercial use, except as otherwise expressly permitted in these Terms of Use.
Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Siki or any other User.
Upload Content that provides materials or access to materials that exploit people under the age of eighteen (18) in an abusive, violent or sexual manner.
Use the Platform to collect Registration Data by electronic or other means.
Use the Platform in a manner which is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Siki’s trade secret information for public disclosure or other purposes.
Direct message any User who has asked you not to do so.
Use, transfer, distribute or dispose of Platform IP or other Users’ Content in any manner except as expressly authorized in these Terms of Use.
Cause or induce any third-party to engage in the restricted activities above.
Siki will take appropriate investigative and legal action for any illegal or unauthorized use of the Platform. You acknowledge that violation of any of the above restrictions may subject you to third-party claims and none of the rights granted to you in these Terms of Use may be raised as a defense against any third-party claims arising from any such violation.
If you encounter any Content uploaded by other Users that violates, or learn of any User who has violated, these Terms of Use and any of the Platform usage restrictions set forth above, please email Siki at admin@siki.io or inform Siki through the applicable reporting functionality offered via the Platform. Siki may, but is not obligated to, take any of the actions set forth in Section 13 below against Users who violate any of the above restrictions.
Representations And WarrantiesThe Platform is available only to persons (i) who are eighteen (18) years or older (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such person’s primary residence) or (ii) thirteen (13) to seventeen (17) years of age (or any greater age that would still be under the age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such person’s primary residence) who access and use the Platform with parental/legal guardian permission. BY ACCESSING AND USING THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, THE CREATION OF AN ACCOUNT, YOU REPRESENT AND WARRANT THAT YOU ARE (I) AT LEAST EIGHTEEN (18) YEARS OLD (OR ANY GREATER AGE REQUIRED TO BE DEEMED TO HAVE REACHED THE AGE OF MAJORITY UNDER THE APPLICABLE LAW OF THE STATE OR JURISDICTION OF YOUR PRIMARY RESIDENCE) AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THESE TERMS OF USE, OR (II) AT LEAST THIRTEEN(13) YEARS OLD AND HAVE PERMISSION FROM YOUR PARENT OR LEGAL GUARDIAN PRIOR TO ACCESSING AND USING THE PLATFORM AND, FOR THE AVOIDANCE OF DOUBT, PRIOR TO INITIATING ANY TRANSACTION IN CONNECTION WITH YOUR ACCESS AND USE THEREOF, AND YOUR PARENT OR GUARDIAN AGREES TO THESE TERMS OF USE.
You represent and warrant that that you have the right, authority and capacity to enter into, and to be bound by, these Terms of Use and to abide by the terms and conditions of these Terms of Use, and that you will so abide.
You represent and warrant that: (i) (1) all Registration Data and (2) other information that you submit onto the Platform, is true, accurate, current and complete; (ii) you are the sole owner of all right, title and interest in, or have obtained all necessary rights and licenses from the applicable third-party owner of, any Content or other information you submit or upload onto the Platform to grant Siki the rights set forth herein, free and clear any of further payment or attribution requirements; and (iii) that such Content and other information, when used for the purposes in which it is submitted onto the Platform, does not infringe upon the rights of any third-party, including, without limitation, contract rights, intellectual property rights, propriety rights and rights of publicity/privacy. You acknowledge and agree that you shall be solely responsible for all Registration Data, Content and other information that you post, upload, link to, publish, exchange, or display onto the Platform and that Siki reserves the right to reject, refuse to post, edit, modify, remove all or a portion of any such Registration Data, Content or other information from the Platform that Siki determines, in its sole discretion, does not comply with these Terms of Use, or for any other reason, without notice or liability to you.You represent and warrant that any Content, Registration Data, and other information that you upload to the Platform: (i) will not be fraudulent; (ii) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (iii) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (iv) will not be obscene or contain child pornography or be harmful to minors; (v) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vi) will not create liability for Siki or cause Siki to lose (in whole or in part) the services of its Internet service providers (ISPs) or other partners or suppliers; and (vii) will not feature any person that has not given you express permission to include such person in such Content and who has not granted you all rights necessary or required for you to grant Siki the Content License in and to such Content, including, without limitation, such person’s name, image, voice, likeness, biographical material, and any other right of publicity/privacy held by such person in connection with such Content; (viii) will not feature any person under the age of eighteen (18) (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such person’s primary residence) without first obtaining express written permission from such person’s parent or legal guardian, and which written permission shall grant you all rights necessary or required for you to grant Siki the Content License in and to such Content, including, without limitation, such person’s name, image, voice, likeness, biographical material, and any other right of publicity/privacy held by such person in connection with such Content.
Unlawful Activity; Suspension Or Termination Of Platform AccessWe reserve the right to investigate complaints or reported violations of the Terms of Use and to take any action Siki deems appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Users’ Account, username, e-mail addresses, usage history, uploaded Content, IP addresses, and traffic information.

We further reserve the right, in our sole discretion and without notice or liability to you, to disable your Account, suspend or terminate your use of, or access to, the Platform (either in whole or in part), or remove, block, hide or otherwise delete any Content that you upload to the Platform, at any time for any reason with any conditions, including, but not limited to, if Siki believe that you have violated or acted inconsistently with these Terms of Use or any applicable law or that you have engaged in conduct that Siki determine to be inappropriate or unacceptable in our sole discretion, including, without limitation, any violation of the restrictions set forth in Section 12 hereof. We may also disable your Account, suspend or terminate your access to the Platform, or remove, block, hide or otherwise delete any Content you upload to the Platform, if you file any claim against Siki or file any claim that involves the Platform. If Siki terminate, limit, or suspend your right to use the Platform, you are prohibited, without Siki’s prior written consent, from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third-party, even if you may be acting on behalf of the third-party. In the event your right to use the Platform terminated, limited, or suspended, these Terms of Use will remain in effect and enforceable against you.
We also reserve the right, in our sole discretion, to seek and obtain any other remedies available to Siki pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Use or any other act or omission by you that gives rise to a claim by Siki, and our decision (due to technical or other reasons at our sole discretion) to disable (or not disable) your Account, suspend or terminate (or not suspend or terminate) your use of, or access to, the Platform, or our decision to instruct (or not instruct) Node Operators (if applicable) to remove, block, hide, or delete any of your Content, shall be without prejudice to, and shall not be deemed a waiver of, the foregoing.
You may terminate these Terms of Use at any time by deleting your Account and ceasing all use of the Platform. Please note that, ceasing to use your Account from your computer or deleting the App (if and when launched) from your mobile device will not delete your Account, and certain Content that you have previously uploaded will remain on the Platform. If you wish to delete your Account, please login to your Account on the Platform, and once inside your Account profile, select “Delete Account”.
Notwithstanding the foregoing, all sections of these Terms of Use which by their nature should survive the expiration or termination shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms of Use.
Claims Of Alleged Intellectual Property Infringement In the event of alleged infringement of any party’s copyright with respect to any Content published or actions taken or through the Platform by Creators, Siki’s liability is limited as a transitory digital network communication service provider under the Online Copyright Infringement Liability Limitation Act (i.e., Title II of the Digital Millennium Copyright Act, 17 U.S.C. §512, as amended from time to time).
Pursuant to these Terms of Use, all Creators and Node Operators (if applicable) are required to become registered agents under the DMCA and to otherwise comply with §512(c) thereof as a condition to becoming, and requirement to remaining, a User of the Platform. Therefore, Claims of alleged infringement of copyright or intellectual property rights with respect to any Content published or actions taken or through the Platform by Creators should be directed to the applicable Creator or to Node Operator (if applicable) that operates the applicable Content Node and at no time to Siki directly, and resolved as otherwise permitted by applicable law.
Disclaimer Of WarrantiesTO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, CURRENTESS, COMPLETENESS OR RELIABILITY OF ANY PLATFORM CONTENT OR USER CONTENT PROVIDED THROUGH THE PLATFORM OR THIRD-PARTY CONTENT LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED OR THAT THE PLATFORM WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED OR THAT IT WILL ALWAYS BE ACCESSIBLE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE PLATFORM. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. COMPANY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
Limitation Of Liability; Class Action WaiverYOU ACKNOWLEDGE AND AGREE THAT COMPANY IS ONLY WILLING TO PROVIDE THE PLATFORM IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD THE COMPANY, ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ RESPECTIVE AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, VENDORS, THIRD-PARTY LICENSORS, CORPORATE PARTNERS, PARTICIPANTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “COMPANY PARTIES”) LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY COMPANY OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ANY COMPANY PARTY IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDREDU.S. DOLLARS ($100.00). ANY DISPUTE YOU HAVE WITH ANY THIRD-PARTY ARISING OUT OF YOUR USE OF THE PLATFORM, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD-PARTY, AND YOU IRREVOCABLY RELEASE THE COMPANY PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU AND COMPANY AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR COMPANY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND COMPANY FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, COMPANY, AND ALL PARTIES TO ANY SUCH PROCEEDING.
IndemnificationYou hereby agree to indemnify, defend and hold harmless, the Siki Parties, from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim, action, or proceeding brought by a third-party based on: (i) your use of, or inability to use, the Platform; (ii) any breach of any representation, warranty, covenant or obligation of yours under these Terms of Use; (iii) any Registration Data or Content posted by you onto the Platform; (iv) your violation of any applicable law or regulation; or (v) your violation of any third-party right, including, but not limited to, any intellectual property right. Siki shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon Siki’s request. Siki reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Siki.
Platform Access Requirements; Updates And MaintenanceAccess to and use of the Platform requires a compatible mobile device/web browser and internet connection. It also requires that Siki have access to your device identifier and location information. Although Siki are working to ensure that the Platform is compatible across various devices, Siki cannot guarantee that the Platform will work with all devices.It is your responsibility to ensure that your computer or mobile device complies with the requirements for accessibility. Your use of the Platform may vary in functionality, availability and quality depending on the type of the device and the operating system that you use and Siki accepts no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software).
It is your responsibility to pay for all costs and expenses that you may incur while using the Platform (including, but not limited to, all telephone call or line charges or Internet data service access charges).
Your access to the Platform may be interfered with by numerous factors outside of Siki’s control including, but not limited to, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment or software defects. Siki is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Platform. In addition, perfect security does not exist on the Internet; Siki cannot and does not guarantee that any Registration Data or other personally identifiable information submitted to the Platform and selected by you to remain private (as applicable) will not become public under any circumstances.Siki may in the future update the Platform for repair or maintenance purposes or to change any tools, products, services, functionalities, or features thereof (an “Update”). Siki shall not be liable to any User in any way as a result of any temporary or permanent suspension of the Platform or any tools, products, services, functionalities, or features thereof arising from or in connection with an Update. Furthermore, Siki is under no obligation to undergo an Update of the Platform to the extent any Platform Elements, Content and/or other tool, product, service, functionality, or feature thereof is out of date. The terms of the License granted to you hereunder shall apply in full to any Update. Following an Update, you may not be able to use the Platform until you have downloaded the latest version and accepted any new terms.
No AgencyNo agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Siki by this Agreement.
AssignmentSiki may freely assign, sub-contract and/or otherwise transfer any or all of its rights and/or obligations under these Terms of Use to any company, firm or person. You may not transfer your rights or obligations under these Terms of Use to anyone else.
Waiver And Severability Of Terms; Entire AgreementFailure by Siki to enforce any provision(s) of these Terms of Use will not be construed as a waiver of any provision or right. If any provision of these Terms of Use is deemed unlawful, void or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. These Terms of Use incorporate by reference any notices contained on the Platform and the Privacy Policy and constitute the entire agreement with respect to access to and use of the Platform and your and other Users’ Content.
Third Party DisputesANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE PLATFORM, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE SIKI AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Governing Law And Jurisdiction

Disputes

Please read the following agreement to arbitrate (“Arbitration Agreement”) in its entirety. This clause requires you to arbitrate disputes with Siki and limits the manner in which you can seek relief from us.
You agree that any dispute or claim relating in any way to: your access, use, or attempted access or use of the Site; any products sold or distributed through the Site; or any aspect of your relationship with Siki will be resolved by binding arbitration, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or Siki may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyright, or patent). You agree that any such arbitration shall be settled solely and exclusively by binding arbitration held in New York, New York, administered by JAMS and conducted in English, rather than in court.
Any such arbitration shall be conducted in accordance with the then-prevailing JAMS Streamlined Arbitration Rules & Procedures, except that any dispute involving claims and counterclaims over $250,000, not inclusive of attorneys’ fees and interest, shall be subject to the then-prevailing JAMS Comprehensive Arbitration Rules and Procedures.
The arbitrator shall have exclusive authority to (1) determine the scope and enforceability of this Arbitration Agreement; and (2) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including but not limited to any claim that all or part of this Arbitration Agreement is void or voidable; (3) decide the rights and liabilities, if any, of you and Siki; (4) grant motions dispositive of all or part of any claim; (5) award monetary damages and grant any non-monetary remedy or relief available to a party under applicable law, arbitration rules, and these Terms of Use (including the Arbitration Agreement). The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. Such an award is final and binding upon you and us.
You understand that by agreeing to this Arbitration Agreement, you and Siki are each waiving their right to trial by jury and to participate in a class action or class arbitration.
If any part of this Arbitration Agreement is found to be invalid or unenforceable, then such part shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue to in full force and effect.This Arbitration Agreement shall survive the termination of your relationship with Siki.
Modification Of Services Or Terms And PoliciesSiki may, from time to time, release updates of the Platform, or release/introduce new tools, products, services, functionalities, and/or features for the Platform, which will be subject to these Terms of Use, and any additional terms as may apply to such additional versions, tools, products, services, functionalities, or features.
Siki reserves the right to alter these Terms of Use, the Privacy Policy https://www.Siki.io/privacy-policy, or other Platform policies at any time, so please review the policies frequently. Your continued use of the Platform will act as your unqualified acceptance of any changes to the Terms and Policies, regardless of actual notice.
Siki reserves the right to terminate its owned and controlled Service connected to the Blockchain Protocol for any reason, without notice, at any time.
FeedbackWhile our own staff is continually working to develop and evaluate our own product ideas and features, Siki pride ourselves on paying close attention to the interests, feedback, comments, and suggestions Siki receive from the User community. If you choose to contribute by sending Siki or our employees any ideas for services, features, modifications, enhancements, content, refinements, technologies, content offerings, promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively, “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Siki Feedback, you agree that: (i) Siki has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; (ii) Feedback is provided on a non-confidential basis, and Siki is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and (iii) you irrevocably grant Siki a perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
Open Source SoftwareThe Platform contains certain open source software. Each item of open source software is subject to its own applicable license terms. Some services offered through the Platform (i.e., purchase and use of cryptocurrency-based tokens) may be subject to third party terms and conditions adopted by Siki. Your use of those services is subject to those third party terms and conditions, which are incorporated into these Terms of Use by this reference.
PrivacyYour privacy is very important to us. To understand our practices, please review our Privacy Policy at https://www.siki.io/privacy-policy, which is incorporated by reference into these Terms of Use and also governs your use of the Platform. Likewise, you represent and warrant that you will respect the privacy, property, and data protection rights of Users.
ContactGeneral questions or comments about the Platform or these Terms of Use should be sent either by mail to Siki Holdings, Inc. at 2376 Kimridge Road Never Hills, CA 90210, or email to admin@siki.io.