SERV PLATFORM BETA TERMS OF SERVICE
About the Sites, the Platform and our Role
You understand that SERV provides and facilitates a technology and software platform for cloud-based and blockchain based security technology services for the engagement, acquisition, and leveraging of security related goods/services/personnel (the “Platform”).
In connection with the Platform, users may be granted access to certain “Digital Assets” and “Supported Digital Assets” (defined below). “Digital Asset” means any digital asset (including a virtual currency or virtual commodity) which is a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network. "Supported Digital Asset" means only those particular Digital Assets listed as available to trade or custody in your SERV Wallet (as defined below).
SERV IS NOT A REGISTERED BROKER-DEALER NOR INVESTMENT ADVISOR. SERV DOES NOT PERFORM LEGAL OR ACCOUNTING SERVICES AND IS NOT A LAW FIRM. SERV’S ROLE IS LIMITED TO PROVIDING A TECHNOLOGY PLATFORM. NO BROKERAGE RELATIONSHIP OR ANY AGENCY OR FIDUCIARY RELATIONSHIP IS INTENDED TO BE OR SHALL BE DEEMED TO HAVE BEEN CREATED BETWEEN SERV AND ANY USERS.
From time to time the Platform may provide certain information and content which may include, without limitation (collectively the “Content”): (A) general news and information, commentary, research, data, reports, general and educational material and information and data concerning financial markets, cryptocurrency markets and other subjects; and (B) any other information, content, services, or software. Some of the Content made available through the App is furnished by third parties (the “Third-Party Providers”). THE CONTENT IS NOT INTENDED TO PROVIDE FINANCIAL, LEGAL, TAX OR INVESTMENT ADVICE OR RECOMMENDATIONS. NONE OF THE CONTENT CONTAINED ON THE SITEs AND/OR THE PLATFORM YOU SHALL CONSTITUTE A RECOMMENDATION, SOLICITATION OR OFFER TO BUY OR SELL ANY DIGITAL ASSETS OR PROVIDE ANY INVESTMENT ADVICE OR LIKE SERVICE. ALL SUCH SUMMARIES ARE INTENDED SOLELY FOR INFORMATIONAL PURPOSES AND DO NOT PURPORT TO BE COMPLETE.
You understand that the Platform is in Beta test and may evolve over time, and SERV reserves the right to modify, suspend, or discontinue the Platform (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Platform or any part thereof.
- Testnet. Zeno is SERV’s testnet (“Zeno,” “Testnet”), built to test and improve the proposed architecture, features, security, and user experience, as well as to expose potential issues, of SERV’s to-be-named mainnet protocol both prior to and after its launch.
- Testnet tokens. You may obtain and accrue Zeno’s testnet tokens (“ZNO”) in order to use some parts of SERV’s testnet. ZNOs do not constitute any currency, are not of monetary value, are not convertible into any future rewards, and as such are not redeemable, refundable, or eligible for any fiat currency or Digital Asset of value. ZNOs are not transferable between users outside of Zeno, and you may not sell, trade, or obtain any form of credit using ZNOs. You acknowledge that, as part of testnet operations, SERV may, in its sole discretion, delete, wipe, or otherwise remove ZNOs and their associated conditions on Zeno, without any liability to you or other Testnet users.
- You understand and agree that all data published on Zeno will be public information and can be accessed by anyone.
- The Vault+ application (“Vault+”) is an application offered by SERV.
- Vault+ is a cryptographic storage and credential management solution that allows you to create digital identities through self- and Third-Party Provider attestation. Vault+ connects to these Third-Party Providers via the application programming interface (API) utilities they provide to facilitate verification of certain identity claims, such as U.S. military veteran status. Vault+ is only an interface to these Third-Party Providers.
- You understand and agree that SERV does not hold or control your Digital Assets. Any credentials secured as a result of self- or Third-Party Provider attestation are secured on your device via non-custodial storage. SERV has no ability to manipulate your assets on your behalf.
- The Mantis application (“Mantis”) is a decentralized application offered by SERV and accessible via Vault+ or a browser.
- Mantis helps its users create credentialing schemas, or specification and structure for verification of certain categories of users’ personal identity data, with the ability to verify certain personal information by self-attestation or via API integration with Third-Party Providers. The methods of attestation can be added as part of the schema and therefore part of the credentialing output.
- Mantis provides a no-code graphical interface for users to create schemas on Seneca and connect to Third-Party Provider verification services.
- The ElevateDAO application (“ElevateDAO”) is an application offered by SERV and accessible via Vault+.
- ElevateDAO is a membership application that invites active and prior US military members as well as first responders to form a mission-driven community for the common purpose of rebuilding security and safety of our society.
- During beta, users will be able to mint a digital challenge coin that represents your service branch first through self-attestation and, later on, Third-Party Provider verification.
- You understand and agree that SERV does not hold or control your digital challenge coin, a non-transferable Digital Asset. You can manage it via your Vault+.
G) Risk Disclosures; Assumption of Risks
- Neither the U.S. Securities and Exchange Commission nor any state or other domestic or foreign securities commission or other regulatory authority has approved, passed upon or endorsed the merits of any of the Platform or any Digital Assets. All potential Users are strongly encouraged to consult with professional tax, legal and financial advisors before making investment decision.
- SERV is neither the creator nor the administrator of any Digital Assets.
- You understand and agree that Digital Assets inherently contain and presents a degree of legal risk due to the fluid and rapidly evolving regulatory, legislative, financial, regimes relating to Digital Assets in general. Because of the differences between any Digital Assets and traditional investments, there is a risk that issues that might easily be resolved by existing law if traditional securities were involved may not be easily resolved for the Digital Assets. For example, there is little precedent on how existing law might treat the issue, fungibility, settlement finality, transfer, collateralization, sequestration, loan, hypothecation, redemption or other disposition of any Digital Assets. The occurrence of any related issue or dispute could have a material adverse effect on the Digital Assets. New developments in the law may also adversely affect the treatment of any Digital Assets. The development and acceptance of blockchain networks are subject to a high degree of uncertainty and a variety of factors that are difficult to evaluate. The factors affecting further development of the Digital Asset industry, as well as blockchain, include, without limitation: Worldwide growth in the adoption and use of Bitcoin, Ether and other blockchain technologies; Government and quasi-government regulation of Bitcoin, Ether and other blockchain assets and their use, or restrictions on or regulation of access to and operation of blockchain networks or similar systems; The maintenance and development of the open-source software protocol of the Bitcoin or Ethereum networks; Changes in consumer demographics and public tastes and preferences; The availability and popularity of other forms or methods of buying and selling goods and services, or trading assets including new means of using fiat currencies or existing networks; and/or general economic conditions and the regulatory environment relating to cryptocurrencies. Any combination of the foregoing may also adversely affect the treatment of any Digital Assets.
- SERV cannot and does not guarantee the value of any supported Digital Asset. You acknowledge and agree that the value of a Digital Asset is highly volatile and that buying, selling, and holding any Digital Asset involves a high degree of risk. Digital Asset networks are operated by decentralized networks of independent third parties.
- You represent and warrant that you have: (a) the necessary technical expertise and ability to review and evaluate the security, integrity and operation of any Digital Assets that you decide to track using the Platform; as well as the (b) the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits and risks of any Digital Assets.
- Use of the Platform may be available through a compatible mobile device, Internet or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. SERV makes no warranties or representations of any kind, express, statutory or implied as to: (i) the availability of telecommunication services from you provider and access to the Platform at any time or from any location; (ii) any loss, damage or other security intrusion of the telecommunication services; and (iii) any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the Platform.
- IF YOU LOSE ACCESS TO YOUR WALLET OR YOUR ENCRYPTED PRIVATE KEYS AND YOU HAVE NOT SEPARATELY STORED A BACKUP OF YOUR WALLET AND CORRESPONDING PASSWORD, YOU ACKNOWLEDGE AND AGREE THAT ANY DIGITAL ASSET YOU HAVE ASSOCIATED WITH THAT WALLET WILL BECOME INACCESSIBLE.
- SERV, ITS AFFILIATES (DEFINED BELOW) AND ANY THIRD PARTY PROVIDERS CANNOT RETRIEVE YOUR PRIVATE KEYS OR PASSWORDS IF YOU LOSE OR FORGET THEM. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE SECURITY OF YOUR ACCOUNT, ANY ASSOCIATED CREDENTIALS INCLUDING ANY ACCESS KEYS AND/OR NEAR PRIVATE KEYS. FAILURE TO DO SO MAY RESULT IN THE LOSS OF CONTROL OF ANY DIGITAL ASSETS ASSOCIATED WITH YOUR ACCOUNT(S).
- YOU ACKNOWLEDGE THAT THERE IS ALWAYS A THREAT AND RISK OF THEFT, HACKING, OR OTHER ACTIONS BY CRIMINAL ELEMENTS WORLDWIDE (AND TO POTENTIALLY A GREATER EXTENT THAN TRADITIONAL FINANCIAL MARKETS) AND THAT SERV CANNOT GUARANTEE THAT EITHER YOU OR SERV WILL BE IMMUNE FROM SUCH ACTIVITIES OR THAT THE SERV WALLET WILL PREVENT SUCH THEFT OR HACKING FROM OCCURRING OR PREVENT THE LOSS OR THEFT OF YOUR DIGITAL ASSETS.
- SERV DOES NOT GUARANTEE THAT THE APPS WILL BE SECURE OR FREE FROM BUGS, SECURITY VULNERABILITIES OR VIRUSES. YOU ARE RESPONSIBLE FOR CONFIGURING YOUR INFORMATION TECHNOLOGY AND COMPUTER PROGRAMS TO ACCESS THE APPS AND TO USE YOUR OWN VIRUS PROTECTION SOFTWARE.
- The risks described in this section may result in loss of Digital Assets, decrease in or loss of all value for Digital Assets, inability to access, track or transfer Digital Assets, inability to trade Digital Assets, inability to receive financial benefits available to other Digital Assets holders, and other financial losses to you. You hereby assume, and agree that SERV will have no responsibility or liability for, such risks. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against SERV, its subsidiaries and affiliates, and each of their respective shareholders, members, directors, officers, employees, agents, partners and representatives (collectively, the “SERV Parties”) related to any of the risks set forth herein. In addition, to the fullest extent permitted by applicable law, you release SERV and the other SERV Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. Further, you expressly waive any rights you may have under Section 1542 of the Civil Code of the State of California, as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. Section 1542 reads as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR 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.”
You must be 18 or older to use the SERV Sites or Platform to be a User
- You understand that you may not use the Sites or the Platform where such use is prohibited.
- You understand that the Sites and the Platform are intended solely for users who are eighteen (18) years of age or older.
- You represent and warrant that you are 18 or older and that you agree to abide by all of the terms and conditions of these Terms of Service.
Your Registration and Account Security
When you use the Sites or the Platform you may provide SERV certain registration and account information, which SERV will rely on to provide you access to the Sites and/or Platform. The following are your obligations when creating, registering, and maintaining the security and accuracy of your account:
- You understand you are responsible for any all activity on your account and for safeguarding all your login information, user names, IDs, logins, passwords, pin numbers or other identification tools (collectively, the “Credentials”) through which you access your account, and any portion of the Sites and Platform.
- You will register your account for your own use and not for the use of another person and you will only create one account for yourself.
- You will not assign or transfer your account to anyone without first getting SERV's written consent. Any party or person accessing your account using your account login and password credentials will be deemed an authorized user by us and you will be responsible for their actions as if they were your own.
- You will not provide false or misleading information when you register an account.
- If SERV terminates or disables your account, you may not create another account without first getting SERV's written consent.
- You will not use your account in a commercial fashion or manner.
- You will keep your contact and other information requested by SERV (such as age, address, bank info, User status, etc.) accurate and up-to-date.
- It is your responsibility to ensure and protect the confidentiality of your Credentials. You will not share your password, let anyone other than you access your account, or do anything that might compromise the security of your account. We are not liable for any use of the Sites or Platform by any unauthorized individuals.
- If you so notify us, or if we suspect fraudulent or abusive activity, you agree to cooperate with us in any investigation and to use any preventive measures we prescribe.
- Use of your Credentials may be immediately terminated by us upon the earlier of termination of your authorization, or prolonged, inactivity, dormancy, or termination of your account or termination of these Terms of Service.
- We may rely upon the instructions, consent given and all action taken through your Credentials or account, without verifying the identity or authority of any person accessing the Sites or Platform.
Use of Linked Account Information
- By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to SERV through the Sites and/or Platform (“Linked Account Information”), you grant SERV the right to use the Linked Account Information solely for the purpose of providing the Sites and/or Platform. SERV may use and store Linked Account Information, but only to provide the Sites and/or Platform to you. By submitting Linked Account Information to SERV, you represent that you are entitled to submit it to SERV for use for this purpose, without any obligation by SERV to pay any fees or other limitations.
- By using the Sites and/or Platform, you expressly authorize SERV to access the third-party accounts for which you provide Linked Account Information (“Linked Accounts”) on your behalf as your agent. When you use the features of the Sites and/or Platform that allow you to add such accounts, SERV will submit the Linked Account Information that you provide to log you into your Linked Accounts.
- You hereby authorize and permit SERV to use and store your Linked Account Information to accomplish the foregoing and to configure the Sites and/or Platform so that they are compatible with your Linked Accounts. For purposes of this Agreement and solely to access your Linked Accounts as part of the Sites and/or Platform, you grant SERV to the right to access your Linked Accounts and retrieve and use your information to do and perform each thing necessary in connection with such activities, as you could do in person.
- SERV may work with one or more online service providers to access this Linked Accounts information. SERV does not review the Linked Accounts information for accuracy, legality or non-infringement, and is not responsible for the Linked Accounts information or products and services offered by or through Third-Party Providers.
- SERV cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. SERV cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. Linked Account information may be more up-to-date when obtained directly from the relevant Third-Party Providers.
You are Responsible for Reviewing Changes to these Terms of Service
- These Terms of Service apply to all users of the Sites and the Platform.
- SERV may make changes to these Terms of Service from time to time without specifically notifying you.
- SERV will post the latest Terms of Service on the Sites and may post it on SERV's mobile device applications, but it is up to you to review it before using the Sites or Platform. We will endeavor to provide notices of any changes to these Terms of Service on the Sites before those changes are effective. Nonetheless, you are responsible for checking the Sites for possible changes to these Terms and for other important information about the Platform.
- If you continue to use the Sites or Platform after any of these changes, your continued use will mean that you have accepted any changes to these Terms of Service.
- In addition, some services offered through the Sites and the Platform may be subject to additional terms and conditions specified by SERV from time to time and your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
Third Party Providers and Content
SERV uses Third Party Providers to provide certain software and data functionalities to users as well as Content. When using or accessing services offered through Third Party Providers, you will be subject to terms posted by these service providers. We also reserve the right to use any other third party to perform services of a similar nature to those outlined above, in our sole discretion.
SERV May Edit or Modify Anything on the Sites or Platform without Notice
SERV is committed to delivering a positive user experience and you understand that SERV reserves the right (but without undertaking any duty) to edit, monitor, review, delete, modify, or move any content or material provided or placed on or though the Sites and the Platform in its sole discretion, without notice.
You are Responsible for Accepting Updated Versions of the Sites and Platform
- If SERV provides updated versions of the Sites and the Platform and you do not accept these updated versions, you may not enjoy the most recent content, feature sets, and materials.
- If you do not accept updated versions of the Sites and Platform, SERV shall not bear any responsibility or liability for your decision.
You Agree to Let Us Monitor Your Activity on SERV Platform and the Sites and Platform
- Because SERV wants to continue to improve the Sites and the Platform for the benefit of you, the user, we may monitor your activity on SERV mobile device applications, as well as on the Sites and Platform. This is designed to support the Beta process.
- By using any SERV mobile device application or the Sites and Platform you specifically agree to SERV monitoring you in this manner.
- You understand, however, SERV cannot and does not make any warranties or guarantees that: (i) any SERV mobile device applications or the Sites and Platform, or any component thereof, will be made free from error or inaccuracy as a result of such monitoring or free from unauthorized and/or unacceptable use as a result of such monitoring; (ii) any statements or factual items presented by the Platform will be free from error or authenticated; or (iii) SERV will take any action in the event of any non-compliance with these Terms.
It Is Your Responsibility to Make Sure these Terms of Service and Your Use of the Sites and Platform Complies with All Laws Applicable to You
- You understand SERV may, in its sole discretion, refuse to offer the Sites or the Platform to any person or entity and change its eligibility criteria at any time.
- You are solely responsible for ensuring that these Terms of Service complies with all laws, rules and regulations applicable to you.
- You understand that your right to access the Sites or Platform will be revoked where these Terms of Service or use of the Sites or the Platform is prohibited and, if that is the case, you agree not to use or access the Sites or the Platform in any way.
SERV May Terminate Your Use of the Sites and/or Platform without Reason or Notice to You
While SERV respects its users, you agree that SERV may terminate your use of the Sites and/or the Platform and prohibit you from accessing the Sites and/or the Platform, for any reason, or no reason, and with or without notice.
Electronic Messaging, Notices, and Disclosures
- You understand that due to the fact SERV and its affiliates ("Affiliates"), operates a significant portion of its business primarily by and through the Internet, it must ask for you to consent to transact business with SERV online and electronically and to consent to SERV’s request to provide you certain disclosures electronically, either via the Sites and/or the Platform, or to the email address you provide to SERV.
- You understand that you have the right to make the decision to transact business with SERV and its Affiliates electronically. These Terms of Service inform you of your rights concerning Electronic Materials.
- Electronic Materials will be provided to you electronically through the Sites or via electronic mail to the verified email address you provided. SERV may discontinue electronic provision of Electronic Materials at any time in our sole discretion.
- You understand that you must keep SERV informed of any change in your email or home mailing address so that you can continue to receive all Electronic Materials in a timely fashion. If your registered email address changes, you must notify us of the change by sending an email to email@example.com. You can contact us generally regarding Electronic Materials via email at firstname.lastname@example.org. You may also reach us in writing to us at the following address: 1000 Brickell Ave STE 715 PMB 5228 Miami, FL 33131
- In order to access, read, print, and store Electronic Materials, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and attendant email client software; supported Web browsing software; and the necessary hardware on which to run this software. If you are accessing the Sites and/or the Platform, as well as the Electronic Materials via a mobile device (i.e., tablet, smart phone, etc.), in addition to the above requirements you must assure that you have the necessary software on your mobile device that allows you to access, read, print, and store the Electronic Materials.
- You understand that the consent that you have provided under these Terms of Services shall remain in effect for so long as you are a User and, if you are no longer a User, will continue until such a time as all Electronic Materials relevant to transactions that occurred while you were a User have been made. You may not withdraw such consent as long as you have outstanding investment decisions or other transactions made by and through the Sites and/or the Platform. If you have no outstanding purchases or other transactions made by and through the Sites and/or the Platform and wish to withdraw consent to transacting business electronically with SERV, SERV will terminate your registered user account.
Who Owns What and How You Can Use It
The Copyright to All Content the on the Sites and Platform Is Owned by the Seller of That Content
- The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Sites and the Platform (“Copyright Content”) are the property of SERV or its content suppliers and are protected under applicable copyrights, trademarks and other proprietary rights.
- You may not copy, redistribute, use or publish any part of the Sites or the Platform, except as allowed by these Terms of Service.
- You do not acquire ownership rights to any content, document or other materials viewed through the Sites or the Platform.
You May Not Use Trademarks Appearing on the Sites or Platform in an Infringing Manner
- You agree that SERV, joinserv.com, and other SERV graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of SERV or its affiliates (“Trademark Content”).
- SERV trademarks and trade dress may not be used in connection with any product or service that is not SERV’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SERV.
- All other trademarks not owned by SERV or its affiliates that may appear on this Sites or the Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SERV or its affiliates.
You may use the SERV Sites and Platform for Limited, Non-Commercial Purposes
- SERV grants you a limited license to access and make personal use of the Sites and the Platform.
- SERV does not grant you the right to download (other than page caching) or modify the Sites and the Platform, or any portion of the Sites and the Platform.
- You understand SERV does not grant you the right to resell or make commercial use (except as provided herein) of the Sites and the Platform or their contents; make any derivative use of the Sites and the Platform or their contents; any downloading or copying of account information for the benefit of a third party, or merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
- You understand the Sites and the Platform or any portion of Sites and the Platform may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.
- You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of SERV and our affiliates without express written consent.
- You may not use any meta tags or any other "hidden text" utilizing SERV’s name or trademarks without the express written consent of SERV. Any unauthorized use terminates the permission or license granted by SERV.
- You may not engage in the copying, reproduction, publication, rearrangement, redistribution, modification, revision, alteration, or reverse engineering, of the Platform.
- You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of SERV so long as the link does not portray SERV, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
- You may not use any SERV logo or other proprietary graphic or trademark as part of the link without express written permission.
You Agree to Comply with SERV’s Conduct Policies When Using the Sites or Platform
- We do our best to keep the Sites and the Platform safe and operational, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
- You will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Platform or Sites except as expressly authorized by SERV;
- You will not take any action that imposes or may impose (as determined by SERV in its sole discretion) an unreasonable or disproportionately large load on SERV’s (or its third party providers') infrastructure;
- You will not decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction;
- You will not interfere or attempt to interfere with the proper working of the Sites and Platform or any activities conducted on the Sites and Platform;
- You will not bypass any measures SERV may use to prevent or restrict access to the Sites and Platform (or other accounts, computer systems or networks connected to the Sites and Platform);
- You will not run any form of auto-responder or "spam" on the Sites and Platform;
- You will not use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Sites;
- You will not harvest or scrape any content or materials from the Sites and Platform;
- You will not copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
- You will not solicit passwords or personally identifying information (this includes, but is not limited to, someone else’s name, birth date, home address, IP address, social security number, or credit card number) for commercial or unlawful purposes;
- You will not upload, post, transmit, share, store or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- You will not upload, post, transmit, share, store or otherwise make available any content (such as a picture on a profile page) other than those of a personal nature that: (i) are of you, (ii) are taken by you, or (iii) are original content created by you;
- You will not otherwise take any action in violation of SERV’s guidelines and policies;
- You will not threaten, intimidate, or harass another user or any parties on or through the Sites or Platform;
- You will not solicit passwords or personally identifying information (this includes, but is not limited to, someone else’s name, birthdate, home address, IP address, social security number, or credit card number) for commercial or unlawful purposes;
- You will not falsely represent your identity or impersonate a third party, nor will you falsify or mislead third parties regarding your affiliation with any entity;
- You are solely responsible for all Submissions from your account. “Submissions” means anything that a user transmits to the Sites and/or the Platform in the course of using the Sites and/or the Platform. You shall remain at all times solely responsible for the full functionality, accuracy, reliability, integrity, quality or validity of any statement or any other detail contained in the Submissions;
- You will not use the Sites and Platform in any manner or transmit any Submission that: infringes (or results in the infringement of) SERV’s or any third party’s intellectual property or other rights; is (or you reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction; or would cause SERV to be in violation of any law or regulation, or to infringe any right of any third party;
- You will not represent or portray the business or entity as being affiliated with SERV in any capacity other than being a user of the Sites or Service without SERV's prior written consent.
- You shall not use circumvention or obfuscating technologies to mask their IP addresses or to hide transaction details.
- You shall not create or circulate any technologies which violate or which would facilitate other users to violate the terms hereof including for masking IP addresses or to obfuscate transaction details.
- You are cautioned against undertaking any suspicious activity on or through the Platform. In the event of any suspicious or large transactions being undertaken by you, SERV shall have the right but not the obligation to verify such activity by sharing your IP address with the relevant authority, and if required, suspend the transactions or freeze your access.
- Notwithstanding the foregoing, if in SERV’s sole discretion, the source of any Digital Assets is illegal or suspicious, SERV reserves the right to retain and confiscate all Digital Assets related to such illegal or suspicious activity.
You use the SERV Sites and Platform at Your Own Risk
SERV has no obligation to review any content or material, including computer software, posted to or through the Sites and the Platform, and cannot therefore be responsible for such material or content.
- By operating the Sites and the Platform, SERV does not represent or imply that it endorses any content or material posted there, or that it believes such material to be accurate, useful or non-harmful.
- You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- The Sites or the Platform may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.
- The Sites or the Platform may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
- SERV disclaims any responsibility for any harm resulting from the use by visitors of the Sites or the Platform, or from viewing or downloading by those visitors of content posted on the Sites or the Platform.
SERV Is Not Responsible for What Happens outside of the Sites and Platform, Including on Websites the Sites or Platform Links to our Advertises
- SERV or its business partners may present advertisements or promotional materials via the Platform.
- Your dealings with, or participation in promotions of, any third-party advertisers via the Platform are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion.
- You agree that SERV is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Platform.
- You understand and agree that SERV is not responsible for, and does not control, Third Party Sites and Third Party Content. You also understand and agree that SERV is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Third Party Sites and Third Party Content.
- You acknowledge and agree that SERV shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Third Party Sites or Third Party Content.
SERV’s Liability Is Limited
- SERV is not responsible for any Third Party Sites, Third Party Content, or any other content posted on the Sites and the Platform, whether caused by users of the Sites and the Platform, SERV, third parties or by any of the equipment or programming associated with or utilized in the Sites and the Platform.
- SERV is not responsible for the conduct, whether online or offline, of any user of the Sites or the Platform.
- SERV assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.
- You understand that it is your duty to confirm and verify any information provided on or through the Sites and Platform, and that you bear the sole risk of relying on any such information, including but not limited to content, third-party content, links, or listings.
- SERV is not responsible for any problems or technical malfunction of any telephone network or lines, cellular data provider or network, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Platform or Sites, including injury or damage to users or to any other person's computer, and/or mobile device.
- Neither SERV nor any of its affiliates, advertisers, promoters or distribution partners shall be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Sites or the Platform, any content posted on the Sites or the Platform or transmitted to users, or any interactions between users of the Sites or the Platform, whether online or offline.
THE CONTENT AND THE APPS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, SERV AND THE THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE CONTENT AND THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER SERV NOR THIRD PARTY PROVIDERS GUARANTEE THE ACCURACY, TIMELINESS, SECURITY, IMPENETRABILITY, INVULNERABILITY, ERROR-FREE STATUS, COMPLETENESS OR USEFULNESS OF ANY CONTENT. YOU AGREE TO USE THE CONTENT AND THE SERVICE ONLY AT YOUR OWN RISK. NEITHER SERV NOR THE THIRD PARTY PROVIDERS EXPLICITLY OR IMPLICITLY ENDORSE OR APPROVE ANY THIRD PARTY CONTENT. THIRD PARTY CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.
WE TRY TO KEEP THE SITES AND PLATFORM UP, BUG-FREE, AND SAFE, BUT YOU USE THEM AT YOUR OWN RISK. THE INFORMATION FROM OR THROUGH THE SITES AND THE PLATFORM IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. THE INFORMATION, SITES AND THE PLATFORM MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IN NO EVENT WILL SERV OR ITS MANAGERS, DIRECTORS, EMPLOYEES OR AGENTS HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, OR THE SITES. WE AND THE THIRD PARTY PROVIDERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR DIGITAL ASSETS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (1) THE USE OF OR THE INABILITY TO USE THE CONTENT OR THE APPS; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND PLATFORM RESULTING FROM ANY GOODS, DATA, INFORMATION OR PLATFORM PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE APPS; (3) ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS OR DATA DUE TO YOUR CONDUCT, INACTION OR NEGLIGENCE; OR (4) ANY OTHER MATTER RELATING TO THE CONTENT OR THE APPS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US THROUGH THE SITES/SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS.
SERV’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE FEES, IF ANY, PAID BY YOU TO US FOR THE SERVICE AND USE OF THE SITES, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $50. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SITES AND THE PLATFORM, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION. IF ANY CLAIM OR MATTER RELATES TO MORE THAN ONE PARTY, THIS MAXIMUM LIABILITY WILL BE THE LARGEST AMOUNT PAID BY ANY ONE SUCH PARTY IN THE MOST RECENT PROCESSED TRANSACTION, REGARDLESS OF THE NUMBER, IDENTITY, OR STATUS OF THE CLAIMANTS. WHERE MORE THAN ONE ENTITY OR INDIVIDUAL RELATED TO US IS SUBJECT TO ANY CLAIM OR MATTER, THE RECOVERY OF THE CLAIMANT OR CLAIMANTS WILL BE LIMITED AS A GROUP AS PROVIDED BY THIS PARAGRAPH, AS IF ALL SUBJECTED PARTIES WERE A SINGLE ENTITY.
ANY INFORMATION OR ASSISTANCE ACCESSED OR OBTAINED THROUGH USE OF THE SITES AND/OR PLATFORM IS PROVIDED SOLELY FOR EDUCATIONAL OR GENERAL INFORMATIONAL PURPOSES AND IS NOT PROFESSIONAL LEGAL, PURCHASE, OR ACCOUNTING ADVICE OR COUNSEL.
You Agree to Indemnify SERV
You agree to indemnify, defend, and hold harmless SERV, its contractors, licensors, subsidiaries and affiliates and their respective partners, directors, officers, employees and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys' fees, arising out of or in connection with: (i) your use of the Sites and Platform, (ii) any user Content, Third Party Content, Third Party Sites and any other content, (iii) your violation of these Terms of Service, or of any law or the rights of any third party, and (iv) your breach of these Terms of Service and/or any breach of your representations and warranties set forth herein; (v) your violation of any local, state or federal law, rule or regulation, (vi) your violation, or alleged violation, of any right of a third party, or (vii) your wrongful, improper, unlawful or unauthorized use of the Platform.
You agree that Florida law applies to these Terms of Service
Subject to the arbitration clauses included below, if there is any dispute arising out of the Sites and the Platform, by using the Sites, you expressly agree that any such dispute shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Florida for the resolution of any such dispute, to the extent any such dispute is not submitted to arbitration as further provided below.
Your General Representation and Warranty
You represent and warrant that:
- You will use the Sites and the Platform so not to infringe or misappropriate the intellectual property rights of any third party.
Other Terms and Arbitration
- You agree that, except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under these Terms of Service shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by arbitrators appointed in accordance with such rules.
- You agree any arbitration shall take place in the State of Florida, County of Miami-Dade, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce these Terms of Service shall be entitled to costs and attorneys' fees.
- If any part of these Terms of Service is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.
- A waiver by either party of any term or condition of these Terms of Service or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
- SERV may assign its rights under these Terms of Service without condition.
- These Terms of Service will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The headings of the paragraphs of these Terms of Service are inserted for convenience only and shall not be deemed to constitute part of these Terms of Service or to affect the construction thereof.
Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE PLATFORM FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND SERV ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.