Terms and Conditions
Scope
These terms, and the accompanying privacy policy at stack.so/terms, which is incorporated into and a part of these terms, govern the use of the Stack website at stack.so and the associated tools and services.
Collectively, the website and the associated tools and services are referred to as the "Services" in these terms. The operator may offer other products and services.
The Services include:
The Services do not include outside websites or platforms which may be linked or interconnected to the Services. Such outside platforms may have their own terms of service, which control for all transactions on such platforms. These outside platforms may include, but are not limited to:
The operator is not responsible for any transactions on other platforms and disclaims all liability for such transactions.
These terms are an agreement between you and the operator, and include important provisions governing your use of the Services. These provisions affect such matters as your right to use the Services, actions you are prohibited from taking with respect to the Services, disclaimers regarding liability, and your waiver of the right to bring a suit in a court of law and to a jury trial.
Stack Technologies, INC, a Delaware C Corp, operates the Services. It and its affiliates are referred to in this document as the "operator," "we," or "us."
Important Terms
These terms include a number of especially important provisions that affect your rights and responsibilities, such as the disclaimers in Disclaimers, limits on the operator's legal liability to you in Limits on Liability, your agreement to reimburse the operator for problems caused by your misuse of the Services in Your Responsibility, and an agreement about how to resolve disputes in Disputes.
Using the Services may require that you pay a fee to other users of the Services (such as merchants) or to the operator. Using the Services may also require that you pay a fee to parties other than users or the operator, such as gas charges on the blockchain to perform a transaction. You acknowledge and agree that the operator has no control over any such transactions, the method of payment of such transactions or any actual payments of transactions. Accordingly, you must ensure that you have a sufficient balance of the applicable cryptocurrency tokens stored at your protocol-compatible wallet address to complete any transaction on the blockchain or Services before initiating such transaction.
Your Permission to Use the Services
Subject to these terms, the operator gives you permission to use the Services. You can't transfer your permission to anyone else. Others need to agree to these terms for themselves to use the Services. If you violate any provision of this agreement for any reason, this agreement will automatically terminate and you must cease and desist from any further use of our Services. The operator has sole discretion to determine whether this agreement has terminated.
Conditions for Use of the Services
Your permission to use the Services is subject to the following conditions:
- You must be at least eighteen years old.
- You may no longer use the Services if the operator tells you that you may not.
- You must follow Acceptable Use and Content Standards.
Acceptable Use
- If you are launching a social token, you represent that you have undertaken a US securities law analysis of the token and determined its status as a non-security.
- You may not make statements about any token accessible through the platform, in any forum, social media platform, or other publicly accessible platform, that would state or imply that the token is a security under US law.
- You may not make statements about any token accessible through the platform, in any forum, social media platform, or other publicly accessible platform, regarding the token's profit-making potential.
- You may not break the law using the Services.
- You may not use or try to use anyone else's account on the Services without their specific permission.
- You may not buy, sell, or otherwise trade usernames or other unique user or account identifiers on the Services.
- You may not make publicly available the personal information of other people using the Services.
- You may not falsely imply that you're affiliated with or endorsed by the operator.
- You may not remove any marks showing proprietary ownership from materials you download from the Services.
- You may not disable, avoid, or circumvent any security or access restrictions of the Services.
- You may not strain infrastructure of the Services with an unreasonable volume of requests.
- You may not impersonate others through the Services.
- You may not reverse engineer or "decompile" any of the Services.
- You may not encourage or help anyone in violation of these terms.
Content Standards
- You may not engage in conduct or submit content to the Services that is illegal, defamatory, offensive, or otherwise harmful to others.
- You may not engage in conduct or submit content to the Services that violates the law, infringes anyone's intellectual property rights, violates anyone's privacy, or breaches agreements you have with others.
- You may not submit content to the Services containing malicious computer code.
- You may not submit content to the Services as a mere placeholder.
- You may not use the Services to disclose information that you don't have the right to disclose.
Your Information
You agree to:
- Provide accurate, current, and complete information about you if requested;
- Maintain the security of your password and identification;
- Maintain and promptly update any information you provide;
- Promptly notify the operator regarding any material changes;
- Be fully responsible for all use of your account on the Services.
Know Your Customer
You acknowledge that the operator and its partners may perform Know Your Customer ("KYC") procedures on the information you provide, as required by internal policies and applicable regulations. You consent to such KYC procedures.
Background Checks
The operator may perform background checks on users as required by applicable guidelines or regulations. These background checks will seek to confirm whether a user's name and identity matches the identity of anyone listed on a terrorist or criminal database or watch list or is associated with any foreign government. You consent to such background checks.
Third Party Service Providers
To provide the Services, the operator may use the following service providers:
Your Content
The operator is not obligated to review or edit any user-submitted content on the Services. Nothing in these terms gives the operator any ownership rights in content or intellectual property that you share with the Services.
Your Responsibility
You agree to indemnify the operator for any legal costs or damages that result from your breach of these terms. You also agree to pay the operator for any legal costs or damages that result from your misuse of the Services.
Intellectual Property
The operator owns all intellectual property rights in the Services. These rights include, but are not limited to, all copyright, trademark, and trade secret rights.
DMCA
If you believe that any material on the Services infringes upon any copyright which you own or control, you may send a written notification of such infringement to our designated agent as set forth below:
Name of Agent Designated to Receive Notification of Claimed Infringement: Stack Legal E-Mail Address of Designated Agent: contact@stack.so
Disclaimers
You accept all risk of using the Services and their content. As far as the law allows, the operator provides the Services and its content "as is," without any warranty whatsoever. The operator expressly disclaims, and you expressly waive, any representations, conditions or warranties of any kind, including, without limitation, the implied or legal warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment and non-infringement of third party rights.
You agree that you understand the inherent risks associated with cryptographic systems, including hacking risks and future technological development.
You confirm that you accept all risk associated with your personal financial, cryptocurrency, and other crypto asset holdings, staking, and transfers. You agree and acknowledge that the operator is not responsible or liable for any loss, harm, or damage, of any kind, related to or arising from your use of the Services, or arising from disclosure of your personal wallet "key," even if such loss may be attributed to an error or "bug" in the Services.
The website may hyperlink to and integrate websites and services run by others. The operator does not make any warranty about services run by others, or content they may provide. Use of services run by others may be governed by other terms between you and the one running the service.
You agree that you have an understanding of the usage and intricacies of native cryptographic tokens. You acknowledge and understand that with regard to any cryptographic tokens "stored" in a wallet to which you have custody, you alone are responsible for securing your private key(s). We do not have access to your private key(s). Losing control of your private key(s) will permanently and irreversibly deny you access to blockchain resources and your blockchain wallet.
Regardless of anything to the contrary in these terms, nothing in these terms is a waiver, and we will not assert there has been a waiver, that would not be permissible under Section 14 of the Securities Act of 1933, Section 29(a) of the Securities Exchange Act of 1934, or any other applicable provision of federal and state securities laws.
You acknowledge that you are not relying on the operator or any of its affiliates, officers, directors, partners, agents or employees in making an investment decision. Always consider seeking the advice of a qualified professional before making decisions regarding your business and/or investments. The operator does not endorse any investments and shall not be responsible in any way for any transactions you enter into with other users. You agree that the operator and its affiliates, officers, directors, partners, agents or employees will not be liable for any loss or damages of any sort incurred as a result of any interactions between you and other users.
It is your responsibility to determine what, if any, taxes may apply to the transactions you complete under the Services, and it is your responsibility to report and remit the appropriate tax to the relevant taxing authorities. You agree that the operator is not responsible for determining whether taxes apply to the exchanges made under the Services.
Limits on Liability
As far as the law allows, neither you nor the operator will be liable to the other for any financial losses, loss of use, data, business, or profits, or indirect, special, consequential, exemplary, punitive, or any other damages arising out of or relating to the Services or these Terms of Service.
Both you and the operator acknowledge that the limitations of liability in this section are material provisions of these Terms of Service, and that absent those limitations of liability, one or both of the parties would have declined to enter into the Terms of Service on the economic and other terms stated in it.
To the extent not expressly prohibited by law, both you and the operator knowingly, voluntarily, intentionally, permanently, and irrevocably: a. AGREE that the rights and obligations of both you and the operator that arise out of or relate to the Services, or any transaction or relationship resulting from the Services or these Terms of Service, are to be defined solely under the law of contract in accordance with the express provisions of these Terms of Service; and b. WAIVE any such obligations allegedly owed by you or the operator that are not expressly stated in these Terms of Service, whether those obligations are alleged to arise in (for example) quasi-contract; quantum meruit; unjust enrichment; promissory estoppel; tort; strict liability; by law (including for example any constitution, statute, or regulation); or otherwise.
Except as expressly stated otherwise in the Agreement: The cumulative total liability of both you and the operator, for any and all breaches of these Terms of Service, is not to exceed one hundred US Dollars ($100.00 USD) OR the amount paid by you to the operator as fees for the use of the Services, whichever is smaller.
Both you and the operator expressly agree not to seek damages in excess of any applicable limitation of liability stated in these Terms of Service.
Both you and the operator acknowledge that some jurisdictions might not permit limitation or exclusion of remedies under some circumstances, in which case some or all of the limitations of liability stated in this section might not apply; this sentence, though, is not to be taken as a concession that any particular limitation or exclusion should not apply.
You agree that you will defend, indemnify and hold harmless the operator, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services.
Termination
Either you or the operator may end this agreement at any time. When this agreement ends, your permission to use the Services also ends.
If you violate any provision of this agreement for any reason, this agreement will automatically terminate and you must cease and desist from any further use of the Services.
The following sections continue after this agreement ends: Your Content, Feedback, Your Responsibility, Disclaimers, Limits on Liability, and General Terms.
Disputes
The law of Delaware will govern these terms and all legal proceedings related to these terms or your use of the Services. We both agree that all disputes related to the Services under these terms will be heard by arbitration.
Contact
You may notify the operator under these terms, and send questions to the operator, using the contact information they provide. The operator may notify you under these terms using the e-mail address you provide for your account on the Services, if provided, or by posting a message to the homepage of the Services or your account page.
Changes
The operator may update the terms of service for the Services. The operator will post all updates to the Services. The operator may also announce updates with special messages or alerts on the Services. Once you get notice of an update to these terms, you must agree to the new terms in order to keep using the Services.