Terms and Conditions¶
Last Updated: January 20, 2020
3Box Labs, our related products, including Ceramic, IDX, and self.ID, and our officers, employees, agents, affiliates, successors, and assigns (“we”, “our”, or “us”) provide software for distributed infrastructure that allows people, companies, organizations and other entities (“you” including any entity you may represent) to store, publish and selectively share content and information. The technology we provide is intended to empower users with control of their own data, agency in how it is used, and privacy where they want it. It is built to technologically assure that no company, including 3Box Labs, can access or exploit user data without express permission. To meet these goals, 3Box Labs has built a suite of products and services that are in active development. Please check these Terms and Conditions regularly to ensure you have the most up to date and relevant information. These Terms and Conditions (“Terms”) govern your use of 3Box Labs, Ceramic, IDX, self.ID, and all related tools, applications, websites, data, software, infrastructure, and other services we provide and to which these terms are attached (collectively our “Products, Services, and Network”). Certain features of the Products, Services, and Network may be subject to additional guidelines, terms, or rules, which will be posted in connection with such features (“Additional Terms”).
IMPORTANT: Please read these Terms carefully because they are a legally binding contract between you, including the entity you may represent, and us. These Terms contain important information about your rights and responsibilities when accessing the Products, Services, or Network.
1.1 Eligibility. The Products, Services, and Network are not intended for children under age 13, and we do not knowingly collect Personal Information from children under 13. If we discover we have Personal Information related to a child under 13 we will delete that information. If you are under the age of majority in your jurisdiction of residence, you may use the Products, Services, and Network only with the consent of your parent or legal guardian. If you are the parent or legal guardian of a child under 13 or minor and you believe your child has used our Products, Services, or Network without your permission, please contact us at email@example.com.
1.2 Account Creation. To use certain features of the Products, Services, or Network, you must create or link a profile, or decentralized ID (“DID”) and public key (“Account”). After this, you may choose to add other contact information such as your name, photo or GitHub account to your profile. You may delete your profile at any time, for any reason, by following the instructions on the applicable Product, Service, or Network. We may suspend or terminate your access to the Products, Services, or Network if you violate these Terms or applicable law.
1.3 Account Privacy. You are responsible for maintaining the confidentiality of your Account login information and are responsible for all activities that occur under your Account. You may also choose to authorize other users, platforms, or apps to interact with you through your Account, including permission to view or update your profile and access any of your content, files, code, messages, and other data (your “User Content”). Each user, party, application, website, product, or service to whom you choose to provide private access can view your User Content. With permission they can also store additional data or data in your Account. You should not use our Products, Services, or Network to store or share sensitive personal data that you do not want to make accessible to others.
1.4 Account Security. You are responsible for ensuring that any networks, computers, or other systems and devices (“Computer Networks”) in your control are reasonably secured from the risk of unauthorized access, disruption, or compromise. You agree to immediately notify us of any actual or suspected unauthorized use of your Account, User Content, or any other breach of security by contacting us at firstname.lastname@example.org. We are not responsible for security issues that result from your failure to maintain the privacy or security of your own Account and Computer Networks. If your activity causes or contributes to a breach of security on any related Computer Network, you may be required to indemnify us for any costs, damages, or other losses as a result. See Section 6.3 on Indemnification for more information.
2. ACCEPTABLE USE OF THE PRODUCTS, SERVICES, AND NETWORK¶
2.1 Acceptable Use. When accessing the or using the Products, Services, and Network you agree not to:
i. Upload, transmit, or distribute to or through the Products, Services, or Network any computer viruses, worms, or any software intended to damage or alter a computer system or data, including computer viruses, works, time bombs, Trojan horses, and other harmful or malicious code, routines, files, scripts, agents, or programs;
ii. Send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
iii. Harvest, collect, gather or assemble information or data regarding other users, including email addresses, without a legal basis to do so;
iv. Interfere with, disrupt, or create an undue burden on servers or networks connected to the Products, Services, or Network, or violate the regulations, policies or procedures of such networks;
v. Attempt to gain unauthorized access to the Products, Services, or Network (or to other computer systems or networks connected to or used together with the Products, Services,or Network), whether through password mining or any other means; or,
vi. Harass, threaten, or otherwise interfere with any other user’s use and enjoyment of the Products, Services, or Network.
2.2 Ownership. Excluding any User Content you may create, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Products, Services, and Network and their content are owned by 3Box Labs, Ceramic, IDX, or self.ID, respectively. Neither these Terms (nor your access to or use of Products, Services, or Network) transfers to you or any third party any rights, title, or interest in or to such intellectual property, except for the limited use and access rights expressly set forth below in Section 2.3. There are no implied licenses granted under these Terms, and we reserve all rights not granted in these Terms.
2.3 License. Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access the Products, Services, and Network for their intended, lawful purposes.
2.4 Restrictions. The limited rights granted to you in these Terms are subject to restrictions, including that you shall not:
i. License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Products, Services, or Network, whether in whole or in part, or any content displayed on the Products, Services, or Network;
ii. Modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Products, Services, or Network, except as expressly permitted in writing;
iii. Access the Products, Services, or Network to build a similar or competitive website, product, platform, or service;
iv. Copy, reproduce, distribute, republish, download, display, post, or transmit in any form or by any means any part of the Products, Services,or Network unless expressly stated otherwise in these Terms; or,
v. Store or distribute any information, material or data that is infringing, unlawful, or which violates the privacy or intellectual property rights of any third party.
2.5 Enforcement. We reserve the right to enforce these Terms and investigate or take appropriate action against you, in our sole discretion, if you violate the Acceptable Uses, Restrictions, or any other provision of these Terms. This may include clocking your access, removing or destroying User Content, and reporting you to law enforcement authorities.
2.6 Feedback. Should you encounter any bugs, glitches, lack of functionality or other problems on the Products, Services, or Network, please let us know by contacting us at email@example.com. We appreciate your feedback as it helps us develop the Products, Services, or Network and offer the best service possible. If you provide any feedback or suggestions regarding the Products, Service, or Network (“Feedback”), you assign to 3Box Labs all rights in such Feedback and agree that we shall have the right to use and fully act on such Feedback and related information as we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit any information or ideas you consider confidential or proprietary.
2.7 Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Products, Services, or Network (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Products, Services, and Network or any part thereof.
2.8 No Support or Maintenance. You acknowledge and agree that we have no obligation to provide you with any support or maintenance in connection with the Products, Services, and Network.
3. USER CONTENT¶
3.1 Creating User Content. When you use our Products, Services, and Network, you may provide things such as code, your files, content, messages, and other data (“User Content”). You may choose to share User Content publicly, in which case it will be accessible and viewable by anybody. If you shared User Content which you no longer want to share publicly or privately using our Products, Services, or Network, you must either revoke access or delete that User Content. By making such deletion, other participants in the network will be notified to remove the content and it will be deleted from any nodes run by 3Box Labs. However, this may not permanently erase the existence of or substance of any User Content from all aspects of the network entirely. In a distributed network, it is not possible for us to guarantee that all node operators will delete content.
3.2 User Content Restrictions. When accessing the Products, Services, or Network you must not collect, upload, transmit, display, or distribute any User Content that may:
i. Violate 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. Contain any unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable;
iii. Contain viruses, worms, or any software intended to damage or alter a computer system or data, including computer viruses, works, time bombs, Trojan horses, and other harmful or malicious code, routines, files, scripts, agents, or programs;
iv. Be harmful to minors in any way;
v. Interfere with or disrupts the integrity or performance of the Site, Products, Services, Network, User Content, or any other data contained therein; or,
vi. Violate any applicable law, regulation, or obligations or restrictions imposed by any third party.
3.3 Rights in User Content. You represent and warrant that you have the right to grant and hereby grant 3Box Labs an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content; and, to grant sublicenses of these rights, solely for the purposes of including your User Content in the Products, Services, and Network. You irrevocably waive any claims and assertions of moral rights or attribution regarding your User Content.
3.4 Responsibility for User Content. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You represent and warrant that your User Content does not violate these Terms. You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by 3Box Labs. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. We are not obligated to backup or maintain any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
3.5 Copyright Infringement. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide us a written notice at firstname.lastname@example.org containing the following information:
i. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
ii. A description of the copyrighted work or other intellectual property you claim has been infringed; and,
iii. A description of where the material you claim is infringing is on the Site.
4. THIRD-PARTY LINKS & ADS; OTHER USERS¶
4.1 Third-Party Links & Ads. The Products, Services, and Network may contain links to third-party websites, services, or display advertisements for third parties (“Third-Party Links & Ads”). We provide access to these Third-Party Links & Ads only as a convenience to you. We do not control these third parties or operate, review, approve, monitor, or endorse Third-Party Links & Ads, so we are not responsible for those third parties’ policies and practices, including how they may treat your data. Use caution and review the terms and privacy policies of those third parties before proceeding with any transaction in connection with such Third-Party Links & Ads.
4.2 Other Users’ Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others, such as dapps to whom you have granted private access. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other users are solely between you and such users. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user, we are under no obligation to become involved.
5. DISCLAIMERS AND WARRANTIES¶
5.1 Limited Warranty. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE PRODUCTS, SERVICES, OR NETWORK WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCTS, SERVICES, OR NETWORK, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
5.2 Risks of Cryptographic Systems. You acknowledge and understand that cryptography is a progressing field. Advances in code cracking or technical advances such as developing quantum computers may present risks to cryptographic systems and the Products, Services, or Network, which could cause the theft or loss of your property. To the extent possible, we intend to update the code underlying the Products, Services, or Network to account for any advances in cryptography and to incorporate additional security measures, but do not guarantee or otherwise represent full security of the system. By using the Products, Services, or Network you acknowledge these inherent risks.
5.3 Security, Vulnerabilities, or Interruptions. We are in early stages of development. You acknowledge that applications are code subject to flaws and acknowledge that you are solely responsible for evaluating any available code provided by the Products, Services, or Network. You further expressly acknowledge that applications can be written maliciously or negligently, and we cannot be held liable for your interactions with third party applications. These warnings and others later provided by us in no way evidence or represent an ongoing duty to alert you to all of the potential risks of utilizing the Products, Services, and Network. You agree that we have no responsibility or liability to:
i. Update the Products, Services, or Network to address, mitigate, or remediate any security or other vulnerabilities;
ii. Ensure that any integrations or APIs are secure and function without errors, bugs, or other interruptions; or,
iii. Ensure that the Products, Services, or Network have no weaknesses or bugs that may cause security vulnerabilities, data loss, damage, destructions, disclosure, or other compromises.
5.4 Release of all Claims. YOU RELEASE, FOREVER DISCHARGE 3BOX LABS, CERAMIC, IDX, AND/OR SELF.ID FROM, AND WAIVE AND RELINQUISH EACH AND EVERY PAST, PRESENT, OR FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY ACTION, OR CAUSE OF ACTION OF EVERY KIND AND NATURE THAT ARISES DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE PRODUCTS, SERVICES, AND NETWORK TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
5.5 No Third Party Beneficiaries. You agree there shall be no third party beneficiaries to the Terms, nor will these Terms be construed as creating or implying any relationship of agency, franchise, partnership, or joint venture between you and 3Box Labs.
6. LIMITATION ON LIABILITY AND INDEMNIFICATION¶
PLEASE READ THIS SECTION CAREFULLY AS IT CONTAINS IMPORTANT LIMITATIONS ON OUR LIABILITY AND YOUR RIGHTS.
6.1 Limitation on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL 3BOX LABS, CERAMIC, IDX, AND/OR SELF.ID (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE PRODUCTS, SERVICES, OR NETWORK, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE PRODUCTS, SERVICES, OR NETWORK IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
6.2 Total Aggregate Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
6.3 Indemnification. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS 3BOX LABS, CERAMIC, IDX, AND/OR SELF.ID FROM EVERY PAST, PRESENT, OR FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY ACTION, OR CAUSE OF ACTION OF EVERY KIND, INCLUDING COSTS AND ATTORNEYS FEES, THAT ARISES OUT OF YOUR:
i. Misuse of the Products, Services, and Network;
ii. Failure to secure your Networks, Account, or User Content;
iii. Violation of these Terms;
iv. Violation of applicable laws; or,
v. User Content.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you must indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon learning of it.
7. DISPUTE RESOLUTION¶
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS IMPORTANT INFORMATION THAT COMPELS MANDATORY ARBITRATION AND PROVIDES A CLASS ACTION WAIVER.
7.1 Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by 3Box Labs, Ceramic, IDX, or Self.ID, respectively, that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and 3Box Labs, Ceramic, IDX, or Self.ID, respectively, and to any of our subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of the Products, Services, and Network these Terms.
7.2 Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the claim or dispute, and the requested relief. A Notice to 3Box Labs, Ceramic, IDX, or Self.ID, should be sent to: 275 S 5th St, 15E, Brooklyn, NY 11211. After the Notice is received, you and 3Box Labs, Ceramic, IDX, or Self.ID, may attempt to resolve the claim or dispute informally. If unable to resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. Any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
7.3 Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”). If AAA is not available to arbitrate, the parties shall select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction, subject to the Limitations of Liability set out in Section 6. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
7.4 Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
7.5 Time Limits. If you or 3Box Labs, Ceramic, IDX, or Self.ID, pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
7.6 Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and 3Box Labs, Ceramic, IDX, or Self.ID, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and 3Box Labs, Ceramic, IDX, or Self.ID.
7.7 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. If any litigation should arise between you and 3Box Labs, Ceramic, IDX, or Self.ID, in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND 3BOX LABS, CERAMIC, IDX, AND SELF ID WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
7.8 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
7.9 Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
7.10 Small Claims Court. Notwithstanding the foregoing, either you or 3Box Labs, Ceramic, IDX, or Self.ID may bring an individual action in small claims court.
7.11 Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
7.12 Survival of Arbitration Agreement. This Arbitration Agreement will survive the termination of your relationship with 3Box Labs, Ceramic, IDX, or Self.ID.
7.13 Courts. Where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties agree to submit to the personal jurisdiction of the courts within Kings County, New York, for such purpose.
7.14 Governing Law. These Terms are to be interpreted and applied under New York state law without regards for the state’s conflicts of law policies.
8. OTHER GENERAL TERMS¶
8.1 Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Products, Services, and Network. We may suspend or terminate your rights to use the Products, Services, and Network (including your Account) at any time for any reason at our sole discretion, including for any use of the Products, Services, or Network in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Products, Services, and Network will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. We will have no liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. To the fullest extent permitted by law, even after your rights under these Terms are terminated, the Terms will remain in effect.
8.2 Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
8.3 Right to Waive. We may, at our sole discretion, waive any of the rights and limitations in these Terms. Such waiver shall not waive or affect any other portion of these Terms.
8.4 Export. The Products, Services, and Network, or User Content may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from 3Box Labs or any products utilizing such data, in violation of the United States export laws or regulations.
9. ENTIRE TERMS¶
These Terms constitute the entire agreement between you and us regarding the Products, Services, and Network. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so it is valid and enforceable to the maximum extent permitted by law. Your relationship to 3Box Labs, Ceramic, IDX, or Self.ID, is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms. These Terms shall be binding upon assignees.
These Terms are subject to occasional revision. If we make any material changes, we will take reasonable steps to notify you and change the Last Updated date above. Continued use of our Products, Services, or Network following such updates shall indicate your acknowledgement and agreement to be bound by the updated Terms.
We welcome your comments or questions about these Terms. Contact us at email@example.com.