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ThorNode Cloud - Terms of Service

TERM OF SERVICE
AGREEMENT TO TERMS
These terms of use (the “Terms”) are a legally binding agreement shall be considered as executed by and between 100x Studios LTD and you, whether personally or on behalf of an entity (“you”, "client", "user", “customer”, "their", or "your") and 100X Studios LTD, ThorNode Cloud. ("Company", “we”, “us”, or “our”), concerning your access to and use of the cloud.thornode.io website as well as any other media form, media channel, mobile website, service, IaaS rental, subscription or mobile application related, linked, or otherwise connected thereto (defined hereby as the “Site” or as “service” from now on).These Terms also govern your use of all the text, data, information, software, graphics, proprietary content and more (all of which we refer to as “Materials”) that we and/or our affiliates may make available to you, as well as any services we may provide through this Site). Collectively, the Site, the Materials, and the services provided therein are referred to as the “Services”. You agree that by accessing the service, you have read, understood, and agree to be bound by all of these Terms of Use. The Terms explain how you are permitted to use the services provided by and through our platform and website(s).
USING THE SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE/SERVICE AND YOU HAVE TO REFRAIN TO USE THE SERVICES FORTHWITH..
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been aware of and construed to have accepted, the changes in any revised Terms of Use by your continued use of the service following the date such revised Terms of Use are updated.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to ccess the Site from other locations, by doing so , they shall be considered that they had done on their own initiative and they would solely be responsible for compliance with local laws, if and to the extent local laws are applicable.
APPLICATION AND ACCEPTANCE OF THE TERMS
Your use of the 100X Studios LTD Services,you ensure us that you represent and warrant that you have a legal capacity to make any transaction independently under the laws of your jurisdiction and/or lawfully you are able to enter into contracts. If you are not legally able to enter into contracts, you may not use the Services at any time or in any manner, or submit any information to 100X Studios Ltd. or the Services.
By accessing the ThorNode Cloud Platform or using the Services provided by 100X Studios you agree to accept and to be bounded by the Terms. Please do not use the Services if you do not agree on and accept all of the Terms.
PRIVACY POLICY
Our Privacy Policy governs the collection, use, and disclosure of personal information we receive from users of our Services. By using our Services, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please read our Privacy Policy then through your continued use of the site/services.
In addition to the matters set out in the Privacy Policy in relation to personal data, you agree as follows in relation to any data or information (other than personal data) that you provide to us for processing, storage, hosting or any other purposes in connection with your purchase and use of our Services (“Information”).
You acknowledge and agree that Information related to your payment instruments (such as credit cards), including Information about your payment instrument organisation, the last few digits of your payment instrument number, the security code, and the expiration date of your payment instrument will be transferred to, stored and processed by our third party payment service provider directly in order for them to process your payment transactions and we will generally not store any such Information.
With respect to any other Information that you provide to us or collected by us, including Information provided at registration, Information we record pertaining to your activities, and Information provided voluntarily by you, you acknowledge and agree that we may in our commercial discretion store and/or transfer such Information to any of our affiliates, including those located in other countries.
We will not disclose such Information outside of us, our affiliates or our third party service providers unless:
- you request us to do so
- your end user has provided consent for us to do so
-as provided in these Terms of Use or in accordance with your agreement(s) with us,
-as required by and to comply with applicable law, legal process or lawful government requests, or in respect of any claims or potential claims brought against us or our shareholders, subsidiaries or affiliates.
MODIFICATION
100X Studios Ltd’s and ThorNode Cloud Platforms Terms of Service are both subject to change at any time by posting the updated Terms on the Site and providing a notice on the Services.
A change in Terms shall not be grounds for early contract termination or non-payment. Client recognizes that the nature of the service supplied, and the initial rates and charges have been communicated to the client. The client is aware that from time-to-time rates may change based on availability of hardware, overall market conditions or other factors. Clients will be notified of any increases in rates or charges prior to the billing renewal date on which such increases will take effect.
If you do not agree with any of the updated Terms, you must stop using the Services. Unless otherwise required by law, the updated Terms are effective as of the day of posting.
100X Studios may make changes to the Services at any time, without any notice to you. If you object to any changes to the Services, your only recourse will be to stop using the Services. Continued use of the Services following posting of any such changes will indicate your acknowledgement of such changes and contentment with the Services as modified. We also reserve the right to discontinue the Services, or any component of it, at any time without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services.
USERS
A)USER REPRESENTATIONS
In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current or incomplete, or 100X Studios Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof) for breach. You agree not to create an Account using a false identity or information. You agree that you shall not have more than one Account at any given time. You agree not to create an Account or use the Services if you have been previously removed by Us, or if you have been previously banned from any of the 100X Studios Ltd. properties.
B) USER REGISTRATION
You shall be required to register with the our site/services. You will choose a login (email) and password. You are entirely responsible for maintaining the confidentiality of Your password and for any and all activities which occur using Your credentials and/or under your Account. We reserve the right to remove or reclaim or change any usernames that you selected, (if we determine, in our only discretion, that such username is inappropriate, obscene, or otherwise objectionable) at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights.
SUBSCRIPTIONS AND CANCELLATIONS
A)SUBSCRIPTIONS
Your Subscription or commencement of the Services shall begin upon confirmation to You and receipt of lawful funds, whichever comes earlier. The Subscription initial term's length is chosen by You and shall be indicated when You subscribe to Our Services. The Subscription may not be terminated by You during the Initial Term (and any renewals thereof) except in the event of a breach by Us. After the Initial Term, the Subscription shall automatically renew for successive terms, equal in length to the Initial Term, unless terminated or canceled by either party as provided herein.
100XStudios Ltd. reserves the right to modify pricing at any time (but not the price in effect for your then-current Subscription Term), upon advance notice to you. If you have not cancelled your Subscription or turned off the auto-renew function within the specified time after receiving notice of a price change, your Subscription will auto-renew at the price indicated in your notice.
B) CANCELLATION
You can cancel your subscription at any time by logging into your account or contacting us using the contact information provided below. Your cancellation/service termination will take effect at the end of the current paid term.You agree and understand that you will be charged Subscription fees until the expiration of your then-current Subscription Term and SUBSCRIPTION FEES WILL NOT BE REFUNDED, IN WHOLE OR IN PART, SUBJECT TO APPLICABLE LAW. You will not be eligible for a pro-rated refund of any portion of the Subscription fees paid for any unused days of the then-current Subscription Term.
IF YOU CANCEL YOUR SUBSCRIPTION, YOUR ACCESS TO AND USE OF THE SERVICES WILL BE SHUT OFF ONCE YOUR THEN CURRENT SUBSCRIPTION TERM EXPIRES.
PAYMENTS
We offer payment options through Stripe, which of third-party payment provider. We also accept payments through cryptocurrency. By using our Services, you agree to pay the fees associated with your chosen hosting plan, as well as any applicable taxes. We reserve the right to change our prices at any time, but we will provide notice of any changes to you.
A)VIA CREDIT CARD
If you purchase any of our Services that we offer for a fee, either on a one-time or on a Subscription basis, you agree and consent to Our use of third-party payment providers for billing and processing online payments, and you agree to pay the applicable Fees for the Services (including, without limitation, periodic fees for Subscriptions) as they become due, plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts.
100X Studios Ltd. reserves the right to reject business. This may include any blocking such as IP blocks, address blocks, card blocks, card fingerprint blocks, BIN blocks, e-mail address blocks and more.
You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars. Incase of making payment with a card with another currency, all bank exchange fees will be paid by the customer. Also with purchasing our service, you agree to pay any and all taxes, including personal property, value added, or sales taxes, resulting from Your use of the Services. 100X Studios is not responsible for any bank fees incurred by You due to Your use of check cards, automatic payment services, insufficient funds, and any and all other fees your financial institution may impose due to Your use of the Services. If 100X Studios should receive less than full payment of the Fees due to taxes, bank charges, transfer fees, or the like, 100X Studios will invoice You for the difference between payment received and the Fees due. Furthermore you agree to pay that you are. responsible for the all attorney and collection fees arising from 100X Studios' efforts to collect any past-due Fees. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval Your obligation to pay fees continues through the end of the Subscription Term until you notify us of your cancellation. We reserve the right to charge you until the subscription is terminated by you and correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site
You must provide complete and valid information regarding your name and address. Credit/debit card information must match your street, CVC/CVV and country when checking out on our website.
You must not use an anonymous IP while checking out on our site.
B)CRYPTOCURRENCY PAYMENTS
All payments will be made with crypto are non-refundable. All payments made with crypto are charged at the current value of the asset in US Dollars. The value of crypto assets can be extremely unstable. Once you have purchased our services with crypto, Our system will automatically exchange the entity to US Dollars.
We will be accepting the following forms of cryptocurrency payments:
  • Bitcoin (BTC: on-chain, off-chain with Coinbase, and Lightning)
  • Solana (SOL)
  • Ethereum (ETH)
  • Wrapped SOL (WSOL)
  • Dogecoin (DOGE)
  • Litecoin (LTC)
  • 5 USD-pegged stablecoins (GUSD, USDC, USDT, DAI, and BUSD).
TERMS AND TERMINATION
THESE TERMS OF USE SHALL REMAIN IN FULL FORCE AND EFFECT WHILE YOU USE THE SITE. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, REGULATION, WITH OR WITHOUT NOTICE OR LIABILITY TO YOU, INCLUDING BUT NOT LIMITED FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. If 100X Studios cancels your Subscription pursuant to any of the terms outlined in these Terms, with the exception of Termination without Cause, 100X Studios shall not refund to You any fees paid or prepaid in advance of such cancellation and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. If 100X Studios terminate your account you will not get any refund.
In addition to 100X Studios’ right to terminate your Subscription provided elsewhere in these Terms, 100X Studiosmay terminate your Subscription effective immediately if, based on 100X Studios’ sole judgment, it determines that You or any of Your end users: (i)have infringed or violated any intellectual property right or privacy or publicity right of a third party, (ii)have not complied with any applicable law, statute or regulation, or100X Studios (iii) have uploaded, published or disseminated any images, text, graphics, code or video which 100X Studios considers illegal or high risk, in its discretion, or (iv) breached these Terms. Nothing contained in these Terms is intended to, or shall, impose any duty or obligation upon 100X Studios to monitor or review Your Content or the content of Your end users at any time. You remain solely responsible for Your Content, and any liability generated therefrom.
Furthermore; you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. We do not need to notify the user before the termination of any service.
100X Studios will not have any liability whatsoever to you for any suspension or termination, including for deletion of Content. All provisions of the Terms, which by their nature should survive, shall survive termination of the Service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
The termination of your Subscription will end Your access to the Services and Your license to the Materials. 100X Studios shall not be liable to You or to any third party for termination of the Services permitted under these Terms. Upon termination of your Subscription, 100X Studios reserves the right to maintain copies of Your data files and records for archival purposes but does not undertake any obligation to do so.
USER CONTENT
You agree not to engage in any illegal, harmful, or abusive activities on ThorNode Cloud, including, but not limited to, hacking, spoofing, impersonation, and distributing malware or viruses. We reserve the right to terminate your access to ThorNode Cloud if we suspect any illegal activities.
Your content is important to us, and we want to make sure it is protected. By using our Services, you agree not to use the Services for any illegal activities, including but not limited to terrorism or child pornography. You also agree not to engage in hacking, spoofing, or impersonation. We reserve the right to monitor your content and take appropriate action if we believe it violates these Terms or is otherwise harmful or inappropriate.
You retain all intellectual property rights to your content, but by using our Services, you grant us a non-exclusive, worldwide, royalty-free, and transferable license to use, reproduce, modify, distribute, display, and perform your content in connection with the Services. You also represent and warrant that you have all necessary rights to grant us this license.
A)PROHIBITED ACTIVITIES
As a condition of your access to and use of the Services, you agree that you will comply with any and all applicable laws and regulations, and will not engage in fraudulent or deceptive practices, when using the Services.
With respect to content made available via the Services, you agree that you will not:
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc made available via the Services of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • impersonate another person
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Sell or otherwise transfer your profile.
  • You will not collect, use and harvest (or permit anyone else to collect or harvest) any user content or any non-public or personally identifiable information about another user or any other person or entity without their express prior written consent.
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing service to you.
  • infringes any patent, trademark, copyright or other proprietary rights
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Upload or transmit (or attempt to upload or to transmit) any kind of viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site; Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”)
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • You shall not use any services to send or receive attacks. If so, the service that you take from us, shall be terminated immediately and will be pursued legally. Such attacks include port scanning, e-mail sending, denial of service attacks.
You may solely use of this site and the services found at this site, including any content you submit will comply with this agreement and all applicable local, state, national and international laws, rules and regulations.
You shall be liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content that you make or submit. As between you and us, you own your User Content and you have full responsibility for all User Content you make or submit, including its legality, reliability and appropriateness, while using the Services.
B)CONTENT
You retain ownership of all content, data, and materials you upload or use with ThorNode Cloud (collectively, “User Content”). You are solely responsible for the User Content you upload or use with ThorNode Cloud. You agree that you will not use ThorNode Cloud to upload or use any illegal, infringing, obscene, or pornographic content. Any use of ThorNode Cloud for any illegal or unauthorized purpose is strictly prohibited.
  • Illegal Activity
  • You may use Our services for only lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography, and any potential harm to minors using our Services is strictly prohibited. Content that is or may be perceived to be child pornography will be immediately removed from public access upon notification or detection by Us. . Also, using Our servers or network to conspire to commit or support the commission of illegal activities is forbidden as well.
  • Also it is prohibited to use our service for; excessively violent, incites violence, threatens violence, or contains harassing content or hate speech; unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; intended to assist others in defeating technical copyright protections and clearly infringes on another person’s trade or service mark, patent, or other property right; defamatory or violates a person’s privacy; Promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; Create a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement.
DATA LOSS
Your use of our Services mean that you are taking your own risk and you are fully responsible for your own data. We are not liable for any data loss in connection with its services. You are solely responsible for creating backups of Your Content. Provided, however, that during Our own routine maintenance, We do create a backup of Your Content which You later request Us to restore to Your account, We cannot guarantee that we will be able to do so, or that Your Content will be unharmed as a result of the initial data loss or the subsequent restore procedure. To that end, We highly recommend that You establish Your own routine backup procedure and that You periodically test restoring files from Your backup media to ensure that You are making viable backups.
INTELLECTUAL PROPERTY RIGHTS
100X Studios is the sole owner or lawful licensee of all the rights and interests in the ThorNode Cloud and cloud.thornode.io website. To use or reference in any manner Our company names, all titles, logos, product and service names, our proprietary property, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site, trademarks or services marks or those ownership and Intellectual Property Rights in the ThorNode Cloud shall remain with 100X Studios.
The unauthorized copying, modification, use or publication of these marks is strictly prohibited. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks. Any tools or software provided by 100X Studios Ltd. is intellectual property of the company. Any user redistributing the software must contact 100X Studios for permission first. We reserve all rights not to grant you access to redistribute our software. If you breach any of these Terms, the license will terminate automatically and you must stop using the Services and immediately destroy any Materials downloaded or printed from the Service. All Services provided by 100X Studios may only be used for lawful purposes. We reserve all rights not to grant you access to redistribute our software. We give you permission to use the Services and our materials and if we provide you any additional software, these terms apply to it.
“Intellectual Property Rights” shall mean to:
  • all rights, title and interest in and to all intellectual property rights, including any and all copyrights, patents, trade marks, service marks, logos, get-up, trade names, internet domain names, rights in designs, rights in computer software, database rights, semi-conductor topography rights, utility models and rights in know-how, in each case whether registrable or not, and including any applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world, and across all platforms and mediums whether now known or in the future invented;
  • all rights under licences, consents, orders, statutes or otherwise in relation to any of the rights referenced in sub-paragraph (a) above;
  • all rights of the same or similar effect or nature as or to those in sub-paragraphs (a) and (b) which now or in the future may subsist;
  • all rights to income, royalties, damages, claims and payments now or hereafter due or payable with respect thereto; and
  • all rights at law or in equity to sue for past or future infringements of any of the foregoing rights.

LIMITATION ON LIABILITY

100X STUDIOS SHALL NOT BE RESPONSIBLE FOR ANY CLAIMED DAMAGES, INCLUDING INCIDENTAL AND CONSEQUENTIAL DAMAGES, WHICH MAY ARISE FROM 100X STUDIOS SERVERS GOING OFF-LINE OR BEING UNAVAILABLE FOR ANY REASON WHATSOEVER. THIS SECTION APPLIES TO ALL CLAIMS BY YOU OR YOUR END USERS IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING THE CLAIM, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, FRAUD, AND/OR MISREPRESENTATION.FURTHERMORE, 100X STUDIOS SHALL NOT BE RESPONSİBLE FOR ANY CLAİMED DAMAGES, INCLUDİNG INCIDENTAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE CORRUPTİON OR DELETION OF ANY WEB SITE FROM ONE OF 100X STUDIOS' SERVERS. ALL DAMAGES SHALL BE LIMITED TO THE IMMEDIATE TERMINATION OF SERVICE. THE SERVICES, TECHNOLOGY, OR CONTENT AVAILABLE ON THE SERVICES, BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (A) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICES; (B) FOR LOSS OR INACCURACY OF DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF REPUTATION, FOR BUSINESS INTERRUPTION OR SIMILAR ACTION, EVEN IF 100X STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (D) FOR YOUR USE OF ANY THIRD-PARTY SERVICES.
THE TOTAL AGGREGATE AND MAXIMUM LIABILITY OF 100X STUDIOS AND THE AFFILIATES, ARISING FROM OR OTHERWISE RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO 100X STUDIOS DURING THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CAUSE OR CAUSES OF ACTION.
GOVERNING LAW AND DISPUTE RESOLUTION
A)APPLICABLE LAW: These Terms of Use and your use of the service are governed by and construed in accordance with the laws of England and Wales, which are applicable to all agreements that are planned to be signed together or separately with this Terms of Services following of your approval through putting a check mark on the box below the end of this terms of services and to be entirely performed within the United Kingdom, without regard to its conflict of law principles.
B)DISPUTE RESOLUTION: You agree that 100X Studios may elect to resolve the dispute in a cost-effective manner through binding arbitration (including non-appearance-based arbitration). The London Court of International Arbitration (LCIA) or or another established alternative dispute resolution provider chosen by Us will be applicable in this case.
INDEMNIFICATION
You agree to defend, indemnify, and hold Us harmless from and against any and all claims, damages, expenses, and liabilities, including reasonable attorneys' and experts' fees which arising out of your use or misuse of the Services, such as;
-any breach of Your covenants under these Terms
-Your use of the Services
-Any defamatory, libelous or illegal material contained within user content or your information and data
-Any claim or contention that Your Content, Your information and data, or Your use of any Third-Party Services infringes any third party's patent, copyright or other intellectual property rights or violates any third party's rights of privacy or publicity
-Any third party's Access or use of User Content or Your information and data.
We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses, which you are not obligated to do so.
DMCA COMPLAINT
If either party becomes aware of any unauthorized use of copyrighted material or other intellectual property rights owned by the other party, the party shall promptly request the removal of those materials (or access to them) from our website or services by submitting written notice to the other party in accordance with the Digital Millennium Copyright Act (DMCA) (17 U.S.C. § 512). The notice shall include the information required by the DMCA, including the following: (a) a description of the copyrighted work that is allegedly being infringed; (b) a description of the infringing material and its location; (c) the name and contact information of the copyright owner; and (d) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner. Upon receipt of such notice, the party responsible for the infringing material shall remove the material or disable access to it within 14 (fourteen) business days after receipt of the notice. Failure to comply with this clause may result in termination of this Agreement. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, 100X Studios Ltd has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. 100X Studios Ltd will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. 100X Studios Ltd will terminate a user's access to and use of the website or services if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of 100X Studios Ltd or others. In the case of such termination, 100X Studios Ltd will have no obligation to provide a refund of any amounts previously paid to 100X Studios Ltd.
CONTACT US
If you have any questions about these Terms or otherwise need to contact 100X Studios for any complaint regarding the Site/Services, please contact us at:
100X Studios Contact: [email protected]