App.co Terms of Service
Last Updated: 10/17/2018
Welcome, and thank you for your interest in Blockstack PBC, a Delaware public benefit corporation (referred to herein as “App.co,” “we,” or “us”), and our website at app.co (the “Website”), along with the applications and services provided by us through or in connection with our Website (collectively, the “Service”). Participation in App.co’s App Mining Program is subject to the additional App Mining Participant Terms, which are subject to and incorporated into these Terms of Service. These Terms of Service are a legally binding contract between you and App.co regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
Arbitration NOTICE. Except for certain kinds of disputes described in Section 14, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND APP.CO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 14.)
- App.co Service Overview. App.co is a place to discover and explore new decentralized applications that lets users own their data and/or run without a centralized operator (“Dapps”). Developers can submit their Dapps to the Service to be indexed, ranked, and searched by users by clicking https://app.co/submit**.**
- Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service complies with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
- Accounts and Registration. To submit a Dapp, you may be required to provide us with information about yourself, such as your name, email address, or other contact information, such as a social media profile, information about your Dapp, and other information requested via the Dapp submission and signup process found here: https://app.co/submit. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. If you need to update any information you have previously submitted to us, you may notify us at [email protected]
- Limited License from App.co. Subject to your complete and ongoing compliance with these Terms, App.co grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.
- License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
- Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant App.co an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
- License to App.co. By submitting your Dapp and any information, data, images, text, or other types of works related to the Dapp (collectively, “Dapp Content”) via the Dapp submission process on our Website, you, you hereby grant to App.co and our affiliates a worldwide, irrevocable, perpetual, sublicensable, royalty-free, fully-paid right and license to display, promote, and link to your Dapp and to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute the Dapp Content (including all logos, trademarks, and intellectual property rights therein), in whole or in part, in any media formats and through any media channels now known or hereafter developed. You retain any copyright and other proprietary rights that you may hold in the Dapp Content that you post to the Service.
- Limited License Grant to Other Users. By providing Dapp Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that Dapp Content as permitted by these Terms and the functionality of the Service.
- Dapp Content Representations and Warranties. App.co disclaims any and all liability in connection with Dapp Content. You are solely responsible for your Dapp Content and the consequences of providing Dapp Content via the Service. By providing Dapp Content via the Service, you affirm, represent, and warrant that:
- you are the creator and owner of the Dapp Content, or have the necessary licenses, rights, consents, and permissions to authorize App.co and users of the Service to use and distribute your Dapp Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by App.co, the Service, and these Terms;
- all information that you provide to us in connection with your Dapp Content, including without limitation any information regarding a submitted Dapp and its underlying protocols is true and accurate;
- your Dapp Content, and the use of your Dapp Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause App.co to violate any law or regulation;
- your Dapp Content will not include links to Dapps or other services that include malicious code or that interfere with, disrupt, damage, or access in an unauthorized manner a user’s device, other devices or computers, servers, networks, or application programming interfaces (APIs); and
- your Dapp Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
- Dapp Content Disclaimer. We are under no obligation to edit or control Dapp Content that you or other users post or publish, and will not be in any way responsible or liable for Dapp Content. App.co may, however, in its sole discretion and at any time and without prior notice, screen, remove, edit, or block any Dapp Content for violation of these Terms, or for any other reason or for no reason at all. You understand that when using the Service you will be exposed to Dapp Content from a variety of sources and acknowledge that Dapp Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against App.co with respect to Dapp Content. If notified by a user or content owner that Dapp Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the Dapp Content, which we reserve the right to do at any time and without notice. For clarity, App.co does not permit copyright-infringing activities on the Service.
- Ownership; Proprietary Rights. The Service is owned and operated by App.co. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by App.co are protected by intellectual property and other laws. All Materials included in the Service are either the property of App.co, the property of those that have submitted Dapps to us, or the property of App.co’s third-party licensors. Except as expressly authorized by App.co, you may not make use of the Materials. For clarity, App.co does not own or control Dapps included in its directory. Download, access, or use of any Dapp is subject to any applicable license terms for that Dapp. App.co reserves all rights to the Materials not granted expressly in these Terms.
- Third Party Terms
- Third Party Services and Linked Websites. The Service, including its directory of Dapps, contains links to third party websites. App.co does not host Dapps. In order to download or otherwise access a Dapp located through the Service, you will be directed to a third party website. By using the Services and accessing our Website, you acknowledge and agree that (i) the Dapps are not owned, controlled, maintained, or provided by App.co, (ii) App.co has no responsibility for your downloading or use of the Dapps (including any actions performed directly or indirectly via the Dapps), and (iii) the Dapps are provided as-is by third parties and are used at your sole responsibility and risk. Linked websites and Dapps are not under App.co’s control, and App.co is not responsible for their content.
- Third Party Software. The Service or the Dapps may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
- Prohibited Activities. YOU AGREE NOT TO USE THE SERVICE FOR ANY OF THE PURPOSES DESCRIBED IN THIS SECTION 7 (“PROHIBITED ACTIVITIES”) AND YOU AGREE THAT YOU WILL NOT SUBMIT A DAPP TO THE SERVICE THAT IS INTENDED TO BE USED FOR ANY PROHIBITED ACTIVITY. BY SUBMITTING AN APP TO THE SERVICE, YOU REPRESENT AND WARRANT TO US THAT THE DAPP IS NOT INTENDED TO BE USED FOR ANY PROHIBITED ACTIVITY. PROHIBITED ACTIVITIES INCLUDE:
- For any illegal purpose or in violation of any local, state, national, or international law;
- To harass, threaten, demean, embarrass, or otherwise harm any other user of the Service;
- To violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
- To interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
- To interfere with the operation of the Service or any user’s device or enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
- To perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission;
- To sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 5) or any right or ability to view, access, or use any Materials; or
- To attempt to do any of the acts described in this Section 7 or assist or permit any person in engaging in any of the acts described in this Section 7.
- Digital Millennium Copyright Act
- DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
101 W 23rd St, #224
New York, NY 10011
Phone: (212) 634-4254
Email: [email protected]
Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time upon 7 days’ notice by written notification such as a website posting or email. Please check these Terms periodically for changes. Changes are effective upon publication. Except as expressly permitted in this Section 9, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
Term, Termination and Modification of the Service
- Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 10.2.
- Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, App.co may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice.
- Effect of Termination. Upon termination of these Terms, your license rights will terminate and you must immediately cease all use of the Service and Sections 4.C, 5, 10.C, 11, 12, 13, 14 and 15 will survive.
- Modification of the Service. App.co reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. App.co will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify App.co and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “App.co Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) your submission of the Dapp to the Service; (e) use of any Dapp you submit to the Service; (f) the App Mining Program; or (g) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING THE DAPPS, ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. APP.CO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT, INCLUDING THE DAPPS, AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. APP.CO DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, THE DAPPS, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND APP.CO DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR APP.CO ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE APP.CO ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. APP.CO IS NOT RESPONSIBLE FOR DAPPS SUBMITTED TO THE SERVICE AND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE DAPPS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE, THE DAPPS, AND YOUR DEALING WITH ANY OTHER SERVICE USER OR LINKS TO THIRD PARTY SITES. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING DAPP CONTENT.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. App.co does not disclaim any warranty or other right that App.co is prohibited from disclaiming under applicable law.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE APP.CO ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE, THE DAPPS, OR ANY MATERIALS OR CONTENT ON THE SERVICE, OR THE APP MINING PROGRAM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY APP.CO ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 14.4 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE APP.CO ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO (I) THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR THE DAPPS, (II) THE APP MINING PROGRAM, OR (III) OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 13 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Dispute Resolution and Arbitration
- Generally. In the interest of resolving disputes between you and App.co in the most expedient and cost-effective manner, and except as described in Section 14.2, you and App.co agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND APP.CO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Exceptions. Despite the provisions of Section 14.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and App.co will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting App.co. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). App.co’s address for Notice is: Blockstack PBC, 101 W 23rd Street, Suite 224, New York, NY 10011. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or App.co may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or App.co must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by App.co in settlement of the dispute prior to the award, App.co will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
- Fees. If you commence arbitration in accordance with these Terms, App.co will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York County, New York, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse App.co for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- No Class Actions. YOU AND App.co AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and App.co agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. If App.co makes any future change to this arbitration provision, other than a change to App.co’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to App.co’s address for Notice of Arbitration, in which case your account with App.co will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
- Enforceability. If Section 14.6 is found to be unenforceable or if the entirety of this Section 14 is found to be unenforceable, then the entirety of this Section 14 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 15.2 will govern any action arising out of or related to these Terms.
- Governing Law. These Terms are governed by the laws of the State of New York without regard to conflict of law principles. You and App.co submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York County, New York for resolution of any lawsuit or court proceeding permitted under these Terms that is not resolved pursuant to Section 15. We operate the Service from our offices in New York, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
- Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). Participation in the App Mining program is subject to the App Mining Participant Terms, available at [https://app.co/mining/terms]. All Additional Terms, including the App Mining Participant Terms, are incorporated by this reference into, and made a part of, these Terms.
- Contact Information. The Service is offered by Blockstack PBC, located at Blockstack PBC, 101 W 23rd Street, Suite 224, New York, NY 10011. You may contact us by sending correspondence to that address or by emailing us at [email protected]
- Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
- No Support. We are under no obligation to provide support for the Service or any Dapp. In instances where we may offer support, the support will be subject to published policies.
- International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.