(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’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.
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”).
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.
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.
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.
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.
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.
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.
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.
Cause or induce any third-party to engage in the restricted activities above.
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).
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.
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.
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
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.
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.
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.