Legal Provisions, Privacy Policies, and Terms of Use – 2023

General and Specific Versions Pertaining to All Sections

Servata Online Applications Supplemental Terms and Conditions

I. INTRODUCTION

These Supplemental Terms and Conditions are made to the Client Service Agreement. Client (hereinafter “YOU”) and Servata Online Applications, LLC., (hereinafter “Company”) agree that notwithstanding anything contained in the Client Service Agreement to the contrary, the provisions set forth below shall be deemed to be a part of the Client Service Agreement and shall supersede, to the extent appropriate, any contrary provision of the Client Service Agreement. All references to the Client Service Agreement in these Supplemental Terms and Conditions shall be construed to mean the Client Service Agreement and all addenda and exhibits to the Client Service Agreement, as amended and supplemented by these Supplemental Terms and Conditions. By signing the Client Service Agreement and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, YOU agree to be bound by the Client Service Agreement and the Supplemental Terms and Conditions that follow.

II. TERMS AND CONDITIONS

1.0 CONTENT

YOU acknowledge understand and agree that YOU are responsible for providing your own text and pictures, and for reviewing your website (content, pictures, and all other aspects) for completeness and accuracy. YOU also understand and agree that YOU are solely responsible for complying with your industry’s advertising rules and rules of professional conduct and any other rules governing your conduct that may apply to YOU. COMPANY does not check or review the content of your website to ensure compliance with any of the above aforementioned rules or any other rules for that matter. YOU agree that should any association, entity or state agency given the task of enforcing the rules related to practicing your profession find that the content contained or the advertising method chosen by YOU violates or potentially violates any rule, code or statute that YOU are solely responsible for remedying such violation.

Furthermore, COMPANY has no obligation to notify YOU should COMPANY receive correspondence from any aforementioned agency, entity or state agency that your website content or advertising method or decision to advertise with COMPANY violates or potentially violates any aforementioned rule, code or statue. If any information provided by you is, in COMPANY’S sole discretion, untrue, misleading, inaccurate, and defamatory or in any other way offensive then COMPANY reserves the right to remove such information and refuse to provide future services to YOU. Furthermore, YOU agree that in COMPANY’S sole discretion, COMPANY, upon written notice to YOU, may remove your Web site and any other advertising created or obtained through COMPANY from the World Wide Web for any reason. Should COMPANY decide to do this, then YOU will be refunded a pro rata share of the fees that YOU paid to COMPANY.

2.0 OWNERSHIP OF PROPRIETARY INFORMATION

YOU agree that neither the service agreement nor these supplemental terms and conditions in any way establishes ownership rights between YOU and COMPANY as to each other’s proprietary information, trademarks, copyrights, service marks, or trade secrets. All such ownership rights will remain exclusively with the party that owned them prior to entering into the service agreement.

Furthermore, YOU agree that COMPANY shall retain full ownership of any and all marketing content, website(s) and material that is created by COMPANY for you regardless of the medium in which such content/material is created, or displayed including the domain name that COMPANY selects for the website that will be used for your marketing campaign. However, should you choose to also use a personalized domain name in addition to the one in which COMPANY chooses, and YOU provide such domain name, YOU shall retain full ownership rights in that domain name.

3.0 REPRESENTATIONS AND WARRANTIES

In addition to warranties and representations in other Sections of this agreement, YOU warrant that all information provided by YOU as part of the registration process is complete and accurate. YOU also represent that, to the best of your knowledge and belief, neither the registration of the domain name YOU have applied for nor the manner in which it is intended to be or is directly or indirectly used infringes the legal rights of a third party. YOU further represent and warrant that all information provided by YOU in connection with your use of the services and in the creation of your website is accurate and current. YOU further agree that YOU have the right, power and authority to enter into this service agreement. In addition, YOU represent and warrant the following:

a) Any Mark, copyright or intellectual property contained within the content that YOU provide to Company is subsisting and is not invalid or unenforceable, in whole or in part.
b) YOU have not previously assigned, transferred, conveyed, or otherwise encumbered such right, title, and interest.
c) YOU are the sole and exclusive owner of any Mark, copyright or intellectual property contained within the content that YOU provide to Company for purposes of this contract, and no other person or entity has or shall have any claim of ownership with respect to the intellectual property whatsoever.
d) The content, artwork and other intellectual property associated with the content that YOU provide to Company does not infringe upon any rights owned or possessed by any third party.
e) There are no claims, judgments, or settlements to be paid by YOU, or pending claims or litigation related to the content that YOU provide to Company.

4.0 INDEMNIFICATION

YOU agree to release, defend, indemnify and hold harmless Company and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any claims, demands, actions and/or proceedings, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, proceeding, suit or demand arising out of or related to or in connection with the warranties and representation set forth in this Agreement. YOU further agree to release, defend, indemnify and hold harmless COMPANY and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, proceeding suit or demand arising out of or related to (i) your use of the services provided by COMPANY, including, but not limited to, your application for, registration of, renewal of or failure to register or renew a particular domain name registered in your name, (ii) your use of any domain name registration. This indemnification is in addition to any indemnification required under the UDRP or any similar policy, YOU further agree to indemnify, defend and hold harmless the applicable registry administrator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, your application for and registration of, renewal of, or failure to register or renew, a particular domain name. YOU further agree to release, defend, indemnify and hold harmless Company and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any claims, demands, actions and/or proceedings, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, proceeding, suit or demand arising out of or related to or in connection with any and all content contained in YOUR website once you have approved your website to go live on the World Wide Web. Should COMPANY be notified of a pending law suit, or receive notice of the filing of a lawsuit, demand or claim by any third party arising out of or related to or in connection with the warranties and representation set forth in this Agreement, COMPANY may seek a written confirmation from YOU concerning your obligation to indemnify COMPANY. Your failure to provide such a confirmation may be considered a breach of the service agreement and these supplemental terms and conditions.

5.0 LIMITATION OF LIABILITY

YOU AGREE THAT COMPANY WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY:

(A) ACCESS DELAYS OR INTERRUPTIONS TO OUR WEBSITE, DOMAIN NAME REGISTRATION SYSTEM OR WEBSITE ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME
(B) SUSPENSION, LOSS OR MODIFICATION OF YOUR SERVICE(S) INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION OR RENEWAL SERVICES
(C) USE OF THE SERVICE(S) INCLUDING WITHOUT LIMITATION DOMAIN NAME REGISTRATION SERVICES, WEBSITE DESIGN AND HOSTING SERVICES, WEBSITE CONTENT CREATION SERVICES, OR TOLL FREE TELEPHONE SERVICES
(D) INTERRUPTION OF BUSINESS
(E) THE NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR CORRUPTION OF DATA IN ANY TYPE, INCLUDING BUT NOT LIMITED TO EMAIL, FORM MAIL, AND FTP UPLOADS AND DOWNLOADS
(F) EVENTS BEYOND COMPANY’S REASONABLE CONTROL (ACTS OF GOD)
(G) THE PROCESSING OF YOUR DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION, (H) APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES.

IN ADDITION, YOU AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, SPECIFICALLY INCLUDING, BUT NOT LIMITED TO LOST PROFITS OF ANY TYPE, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, BUT IN THE NO EVENT GREATER THAN $500.00

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, COMPANY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE SERVICES ARE PROVIDED TO YOU “AS IS.” COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES WE PROVIDE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, ABILITY TO OBTAIN NEW CLIENTS, OR OTHERWISE. FURTHER, WE DO NOT WARRANT, NOR MAKE ANY REPRESENTATIONS THAT ANY NEW BUSINESS OR INCOME WILL BE FORTHCOMING TO YOU AS A RESULT OF USING COMPANY’S SERVICES.

6.0 GOVERNING LAW

The Client Service Agreement and these Supplemental Terms and Conditions shall be governed by the laws of the State of California, without regard to its conflicts of law provisions.

7.0 NO MODIFICATION/AMENDMENT/WAIVER

No modification or amendment of any provision of this agreement shall be effective unless approved in writing by the parties to the agreement. No party shall be deemed to have waived compliance by any other party with any provision of this agreement unless such waiver is in writing, and the failure of any party at any time to enforce any of the provisions of this agreement shall in no way be construed as a waiver of such provisions and shall not affect the rights of any party thereafter to enforce such provisions in accordance with their terms. No waiver of any provision of this agreement shall be deemed the waiver of any subsequent breach thereof or of any other provision of this Agreement. The continued dealing of either party with the other party following a breach of any provision hereof shall not be deemed to be a waiver of such or any other breach.

8.0 SEVERABILITY

If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other part or provision of this Agreement.

9.0 ARBITRATION

The Parties to the Client Service Agreement and these Supplemental Terms and Conditions agree that all disputes arising from the Client Service Agreement and these Supplemental Terms and Conditions shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association for commercial disputes. Should arbitration be required, such arbitration shall be conducted in San Diego, CA.

10.0 APPROVAL

Once your website is completed, including design and content, it will be emailed to you for your approval, under this section. If you or your agent does not respond within five business days from the date of the email then Company will deem your non-response as your approval of the website in its entirety, including design and content and your site will go live on the World Wide Web. Any changes made to either the design of your website or the content contained within your website after your website goes live will be completed at an additional charge of $300.00 per hour.

11.0 ENTIRE AGREEMENT

The service agreement along with these supplemental terms and conditions sets forth the entire agreement between the Parties in connection with the subject matter contained within the service agreement. The service agreement along with these supplemental terms and conditions, incorporates, replaces and supercedes all prior agreements, promises, proposals, representations, understandings and negotiations between the Parties or the Parties representatives in connection therewith. Lastly, YOU agree that the Client Service Agreement and these Supplemental Terms and Conditions are valid, legal and binding.

General Privacy Policy

Who we are

Our website address is: https://servata.com.

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Who we share your data with

If you request a password reset, your IP address will be included in the reset email.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where your data is sent

Visitor comments may be checked through an automated spam detection service.

Legal

General Terms of Use

During Servata.com website navigation, you may be asked to share your email address or other personal identifying information (PII) with us. As provided in these Terms and Conditions, such information may be distributed to a third party associated with Servata for business purposes you approve of, but it will not be publicly available without your consent.

Your email address will only be used to send you Servata.com information or information from third parties associated with Servata and approved by you, and/or to alert you to any information that you have specifically requested you be notified about.

Use of the Site

The Servata.com website hosts numerous third-party businesses that participate in Servata programs for the benefit of users like you. Servata invites you to share your reviews and testimonials, but in doing so you agree not to distribute spam messages, post commercial advertisements, or spread links to malicious or dangerous websites. Servata retains the right to moderate any comment or written content submitted to the Servata.com website and to remove any content we deem to have violated our policies.

Servata Rewards

All Servata Partners agree, as a condition of receiving Servata Rewards, to accept reasonable email communications and other types of notifications from any authorized Servata BPS they have received Servata Rewards from. Typically, these communications will be sent no more often than once per week, or when a special event occurs.

All Servata Partners receiving communications from any authorized Servata BPS always have the right to notify Servata of any unwanted communications of any type. In Servata sole discretion, further unwanted communications from the authorized Servata BPS to the Servata Partner may result in action from Servata up to suspension of the BPS account.

Disclaimer

All of the content contained on the Servata.com is automatically edited, checked, and verified for accuracy as much as it is possible to do so. However, we cannot guarantee either its accuracy or the safety of any external links it might contain. Servata.com, as well as its owners, partners, and contributing authors can therefore not be held responsible for any problems or damage that occurs as a result of making use of material contained on our site.

Copyright

Any and all of the content presented on the Servata.com website is, unless explicitly stated otherwise, subject to a copyright held by Servata.com. It is permissible to link to content from this site as long as the original source is clearly stated, but the wholesale reproduction or partial modification of content is not permitted. Exceptions are granted only if you receive prior written consent from Servata.com.

Contacts

Should you have any further questions, concerns, or queries about these Terms and Conditions, or if you encounter difficulties while navigating and using the site, please contact info@servata.com.

Privacy

How We Collect and Use Information

We collect the following types of information about you:

Information you provide us directly:

We ask for certain information such as your username, real name, birthdate, address, phone number and e-mail address when you register for a Servata account, or if you correspond with us. We may also retain any messages you send through the Service, and may collect information you provide in User Content you post to the Service. We use this information to operate, maintain, and provide to you the features and functionality of the Service. Your username and if you choose to disclose it, your real name, will be published publicly. Once published your username and / or real name may not be able to be removed.

Information we may receive from third parties:

We may receive information about you from third parties. For example, if you access our websites or Service through a third-party connection or log-in, for example, through Facebook Connect, by “following,” “liking,” adding the Servata application, linking your account to the Servata Service, etc., that third party may pass certain information about your use of its service to Servata. This information could include, but is not limited to, the user ID associated with your account (for example, your Facebook UID), an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that service. If you allow us access to your friends list, your friends’ user IDs, and your connection to those friends, may be used and stored to make your experience more social, and to allow you to invite your friends to use our Service as well as provide you with updates if and when your friends join Servata. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Servata Service. You may also unlink your third party account from the Service by adjusting your settings on the third party service.

Inviting a friend to use Servata:

Servata may, in its sole discretion, develop a feature that allows you to invite third parties to the Service. If you choose to use our invitation service to invite a third party to the Service through our “Invite friends” feature, you may directly choose a friend to invite through your mobile device’s native contact list – but we do not require that you import your contacts list to the Service, and we do not retain the information contained in your contacts list. You understand that by inviting a friend to Servata through the “Invite friends” feature, you are directly sending a text or email from your personal accounts and that we are not storing your contact list. In addition, you understand and agree that normal carrier charges apply to communications sent from you phone. Since this invitation is coming directly from your email or phone, we do not have access to or control this communication.

Finding your friends on the Service:

Servata may, in its sole discretion, develop a feature that allows you to locate your friends with Servata accounts through a “Find friends” feature. The “Find friends” feature allows you to choose to locate friends either through (i) your contact list, (ii) social media sites (such as Twitter or Facebook) or (iii) through a search of names and usernames on Servata. If you choose to find your friends through your contact list, then you agree to provide Servata access to your contact list such that we can perform the search necessary to determine whether or not someone associated with the information you provide is using Servata. If you choose to find your friends through social media sites, then you understand that the information these sites provide to use to conduct this type of search is governed by their privacy policies and your account settings on those sites. If you choose to find your friends through a search of names or usernames, then simply type a name to search and see if that name or username appears on our Service. Note that we do not retain any information contained in your contacts list, or information from social media sites about your contacts, and we do not use such information for any purpose other than to help you find your friends on Servata.

Analytics information:

We may directly collect analytics data, or use third-party analytics tools and services, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including the pages you visit and other information that assists us in improving the Service. We collect and use this analytics information in aggregate form such that it cannot reasonably be manipulated to identify any particular individual user.

Cookies information:

Full details can be found on our Cookie Policy. When you visit the Service, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets Servata help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click and other actions you take on the Service), and allow us or our business partners to track your usage of the Service over time. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.

Log file information:

Log file information is automatically reported by your browser or mobile device each time you access the Service. When you use our Service, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information.

Clear gifs/web beacons information:

When you use the Service, we may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information is allows for more accurate reporting and improvement of the Service.

Device identifiers:

When you access the Service by or through a mobile device (including but not limited to smart-phones or tablets), we may access, collect, monitor and/or remotely store one or more “device identifiers,” such as a universally unique identifier (“UUID”). Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by Servata. A device identifier may convey information to us about how you browse and use the Service. A device identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the Service. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.

Location data:

When you access the Service by or through a mobile device, we may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey to us information about how you browse and use the Service. Some features of the Service, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.

Commercial and marketing communications:

We use the information we collect or receive, such as your email address, to communicate directly with you. We may send you emails containing newsletters, promotions, and special offers. If you do not want to receive such email messages, you will be given the option to opt out or change your preferences. We also use your information to send you Service-related emails (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). You may not opt out of Service-related emails. You may also be able to be “found” on Servata based on information that you provide (see “Find friends on Servata”) above.

Use of certain service type information we collect about you:

We use or may use cookies, log file, device identifiers, location data and clear gifs information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information; (c) to provide and monitor the effectiveness of our Service; (d) monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns; (e) diagnose or fix technology problems; (f) help you efficiently access your information after you sign in; (g) to provide advertising to your browser or device, and (h) automatically update the Servata application on your mobile devices.

Sharing of Your Information

We will not rent or sell your information into third parties outside Servata and its group companies (including any parent, subsidiaries and partners) without your consent, except as noted below:

Who we may share your information with: We may share your information with third-party business partners and Trusted Users for the purpose of providing the Service to you. Third party business partners will be given limited access to your information as is reasonably necessary to deliver the Service, and we will require that such third parties comply with this Privacy Policy, or operate under a similar privacy policy.

Who can see User Content: Any User Content that you voluntarily disclose for posting to the Service becomes available to the public and cannot be removed, except by Servata in its sole discretion. Once posted on Servata, User Content may not be removable from public view, as copies may remain viewable in cached and archived pages of the Service, on other sites that have republished us, or if other Users have copied or saved that information. If you do not wish your User Content to be available to the public, please don’t post it on Servata. Your username and if you choose to disclose it, your real name, will be published publicly. Once published your username and / or real name may not be able to be removed.

Who can see your IP address: If you post User Content on the Service while not logged in, your IP address will be published with your User Content in order to attribute your contribution to the Service. A selection of Trusted Users with administrative powers on Servata have the ability to review IP addresses of users to reduce abusive behavior. Any third party service embedded on Servata such as an advertiser, video provider, social network or other third party will also have access to your IP address.

Who can see your email address: If you enter an email address, you will enable communication from Servata and other Users. If you reply to users or participate in group Servata activities such as meetups, your email address will be shared with these users. In addition, some email addresses such as info@Servata.com forward to a group of Trusted Users, who will use your email address to reply to the email.

What happens in the event of a change of control:

We may buy or sell/divest/transfer the company (including any shares in the company), or any combination of its products, services, assets and/or businesses. Your information such as customer names and email addresses, User Content and other user information related to the Service may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company.

Instances where we are required to share your information:

Servata will disclose your information where required to do so by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Use or to protect the security, quality or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of Servata, our Users, or others.

Sharing certain service type information we collect about you:

We may share certain service type information, including information obtained through tools such as cookies, log files, device identifiers, location data and clear gifs (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.): (i) with our third-party business partners for the purposes described in the section above on “How We Collect and Use Information.” We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized data with third parties.

Ads on Servata:

We may also share certain information such as your location, browser, and cookie data and other data relating to your use of our Service with our business partners to deliver advertisements (“ads”) that may be of interest to you. Servata may allow third-party ad servers or ad networks to serve advertisements on the Service. These third-party ad servers or ad networks use technology to send, directly to your browser or mobile device, the ads and ad links that appear on the Service, and will automatically receive your IP address when they do so. They may also use other technologies (such as cookies, JavaScript, device identifiers, location data, and clear gifs, see above) to compile information about your browser’s or device’s visits and usage patterns on the Service and on other websites, and to measure the effectiveness of their ads and to personalize the advertising content delivered to you.

Please note that an advertiser may ask Servata to show an ad to a certain audience of Users (e.g., based on demographics or other interests). In that situation, Servata or our Partners determines the target audience and Servata serves the advertising to that audience and only provides anonymous data to the advertiser. If you respond to such an ad, the advertiser or ad server may conclude that you fit the description of the audience they are trying to reach.

To enhance your user experience or help us improve and measure our effectiveness, Servata may embed code from third parties on the Service. These third parties may collect information about you including IP address, cookies in ways Servata does not control.

The Servata Privacy Policy does not apply to, and we cannot control, the activities of third-parties. Please consult the respective privacy policies of such third parties or contact such third parties for more information.

How We Store and Protect Your Information

Storage and Processing:

Your information collected through the Service may be stored and processed in the United States or any other country in which Servata or its subsidiaries, partners, or service providers maintain facilities. Servata may transfer information that we collect about you, including personal information, to partnered entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which Servata or its parent, subsidiaries, partners, or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

Keeping your information safe:

Servata cares about the security of your information, and uses commercially reasonable safeguards to preserve the integrity and security of all information collected through the Service. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from Servata, at all times. 

However, Servata cannot ensure or warrant the security of any information you transmit to Servata or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. Your privacy settings may also be affected by changes to the functionality of third party sites and services that you add to the Servata Service, such as social networks. Servata is not responsible for the functionality or security measures of any third party.

Compromise of information:

In the event that any information under our control is compromised as a result of a breach of security, Servata will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

Your Choices about Your Information

You control your account information and settings: You may update your account information and email-communication preferences at any time by logging in to your account and changing your profile settings. You can also stop receiving promotional email communications from us by modifying your preferences at https://Servata.com/my-account.

We make every effort to promptly process all unsubscribe requests. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). If you have any questions about reviewing or modifying your account information, you can contact us directly at info@Servata.com.

Opting out of collection of your information for Tracking / Advertising:

Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Depending on your type of device, it may not be possible to delete or disable tracking mechanisms on your mobile device. Note that disabling cookies and/or other tracking tools prevents Servata or its business partners from tracking your browser’s activities in relation to the Service, and for use in targeted advertising activities by third parties. However, doing so may disable many of the features available through the Service. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly at info@Servata.com.

How long we keep your private profile information:

Following termination of your User account, Servata may retain your private profile information for a commercially reasonable time for backup, archival, or audit purposes. For the avoidance of doubt, any information that you choose to make public on the service may not be removable.

Children’s Privacy

Servata does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register as Users. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at info@Servata.com.

Links to Other Websites and Services

We are not responsible for the practices employed by websites or services linked to or from the Service, including the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy does not apply to third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link or advertisement on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible and we do not control over any third-parties that you authorize to access your User Content. If you are using a third-party website or service and you allow such a third-party access to you User Content you do so at your own risk. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources other than through the Service.

Servata Traffic Delivery Terms

These Servata Traffic Delivery Terms (“Terms”) are entered into by Servata (“Servata”) and the entity executing these Terms or that accepts these Terms electronically (“Customer”). These Terms govern Customer’s participation in Servata advertising programs and services (i) that are accessible through the account(s) given to Customer in connection with these Terms or (ii) that incorporate by reference these Terms (collectively, “Programs”). Please read these Terms carefully.

Programs

Customer authorizes Servata and its partners to place Customer’s advertising materials, feed data, and technology (collectively, “Ads” or “Creative”) on any content or property (each a “Property”) provided by Servata or its partners on behalf of Servata or, as applicable, a third party (“Partner”). Customer is solely responsible for all: (i) Ads, (ii) destinations to which Ads direct viewers (e.g., landing pages, mobile applications) along with the related URLs, waypoints, and redirects (“Destinations”), and (iiii) services and products advertised on Destinations (collectively, “Services”). The Program is an advertising platform on which Customer authorizes Servata and its partners to use automated tools to format Ads. Servata and its partners may also make available to Customer certain optional Program features to assist Customer with the selection or generation of Targets, Ads, or Destinations. Customer is not required to authorize use of these optional features and, as applicable, may opt-in to or opt-out of usage of these features. However, if Customer uses these features, then Customer will be solely responsible for the Targets, Ads, and Destinations. Servata and its partners or Partners may reject or remove a specific Target, Ad, or Destination at any time for any or no reason. Servata and its partners may modify or cancel Programs at any time. Some Program features are identified as “Beta” or as otherwise unsupported or confidential (“Beta Features”). Customer may not disclose any information from Beta Features or the terms or existence of any non-public Beta Features.

Policies

Customer is solely responsible for its use of the Programs (e.g., access to and use of Program accounts and safeguarding usernames and passwords) (“Use”). Program Use is subject to applicable Servata policies available at Servata.com/legal, and all other policies made available by Servata to Customer. In connection with the Program, Servata will comply with the Servata Privacy Policy available at Servata.com/legal (as modified from time to time). Customer will not, and will not authorize any third party to, (i) generate automated, fraudulent or otherwise invalid impressions, inquiries, clicks or conversions, (ii) conceal conversions for Programs where they are required to be disclosed, (iii) use any automated means or form of scraping or data extraction to access, query or otherwise collect Servata advertising-related information from any Property except as expressly permitted by Servata, or (iv) attempt to interfere with the functioning of the Programs. Customer will direct communications regarding Ads on Partner Properties under these Terms only to Servata.

Testing

Customer authorizes Servata and its partners to periodically conduct tests that may affect Customer’s Use of Programs, including Ad formatting, Targets, Destinations, quality, ranking, performance, and pricing. To ensure the timeliness and validity of test results, Customer authorizes Servata to conduct such tests without notice or compensation to Customer.

Warranty, Rights, and Obligations

Customer warrants that (a) Customer holds, and hereby grants Servata, its partners and Partners, the rights in Ads, Destinations, and Targets for Servata, its partners and Partners to operate the Servata Programs (including, in the case of feed data, after Customer ceases to use the Programs), and (b) all information and authorizations provided by Customer are complete, correct and current. Customer authorizes Servata and its partners to automate retrieval and analysis of, and create test credentials to access, Destinations for the purposes of the Programs. By providing any mobile or other telephone number to Servata in connection with the Programs, Customer authorizes Servata, its partners and their agents to call and send text messages (for which standard message and data rates may apply) to the provided telephone numbers, including by an automatic telephone dialing system, for purposes of the Programs. However, Servata will not rely on this permission to initiate autodialed calls or text messages for marketing purposes. Customer further authorizes Servata, its partners and their agents to send electronic mail to Customer for purposes of the Programs. Customer warrants that it is authorized to act on behalf of, and has bound to these Terms, each third party, if any, for which Customer advertises in connection with these Terms (“Advertiser”) and any references to Customer in these Terms will also apply to Advertiser, as applicable. If for any reason Customer has not bound an Advertiser to these Terms, Customer will be liable for performing any obligation Advertiser would have had under these Terms had Advertiser been bound. If Customer is using a Program on its own behalf to advertise, for that use Customer will be deemed to be both Customer and Advertiser. Customer will provide Advertiser with reporting data no less than on a monthly basis, that discloses absolute dollars spent on Servata and performance (at a minimum cost, clicks and impressions of users on the account of that Advertiser) in a reasonably prominent location. Servata may, upon request of an Advertiser, share Advertiser-specific information with Advertiser.

Payment

Customer will pay all charges incurred in connection with a Program, using a payment method approved by Servata for that Customer (as modified from time to time), within a commercially reasonable time period specified by Servata (e.g., in the Program user interface or IO). Late payments bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. Customer will pay (i) all taxes and other government charges and (ii) reasonable expenses and legal fees Servata incurs in collecting late payments that are not disputed in good faith. Charges are based on the billing criteria under the applicable Program (e.g., based on clicks, impressions, or conversions). Any portion of a charge not disputed in good faith must be paid in full. No party may offset any payment due under these Terms against any other payment to be made under these Terms. Servata may, in its sole discretion, extend, revise or revoke credit at any time. Servata is not obligated to deliver any Ads in excess of any credit limit. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER WAIVES ALL CLAIMS RELATING TO ANY PROGRAM CHARGES UNLESS A CLAIM IS MADE WITHIN A REASONABLE PERIOD.

Refunds

Servata Services are Non-Refundable once payment has been received. In the event of a legitimate error on behalf of the client, the client should immediately contact Servata. In Servata’s sole discretion, a determination will be if a refund should be processed. By signing the Checkout form and buying the Servata Product or Service, you are agreeing to these Refund terms.

Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, Servata, ON BEHALF OF ITSELF AND ITS PARTNERS AND PARTNERS, DISCLAIMS ALL WARRANTIES, WHETHER IMPLIED, STATUTORY OR OTHERWISE, INCLUDING FOR NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE, AS WELL AS ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROGRAMS AND Servata AND PARTNER PROPERTIES ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS,” AND CUSTOMER USES THEM AT ITS OWN RISK. Servata, ITS PARTNERS, AND ITS PARTNERS DO NOT MAKE ANY GUARANTEE IN CONNECTION WITH THE PROGRAMS OR PROGRAM RESULTS. Servata MAKES NO PROMISE TO INFORM CUSTOMER OF DEFECTS OR ERRORS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW REGARDLESS OF THE THEORY OR TYPE OF CLAIM: Servata, CUSTOMER, AND THEIR RESPECTIVE PARTNERS WILL NOT BE HELD LIABLE UNDER THESE TERMS OR ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY IS AWARE OR SHOULD KNOW THAT SUCH OTHER TYPES OF DAMAGES ARE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY; AND (b) OTHER THAN CUSTOMER’S PAYMENT OBLIGATIONS UNDER THESE TERMS, Servata, CUSTOMER, AND THEIR RESPECTIVE PARTNERS WILL NOT BE HELD LIABLE FOR DAMAGES UNDER THESE TERMS OR ARISING OUT OF OR RELATED TO PERFORMANCE OF THESE TERMS FOR ANY GIVEN EVENT OR SERIES OF CONNECTED EVENTS IN THE AGGREGATE OF MORE THAN THE AMOUNT PAYABLE TO Servata BY CUSTOMER UNDER THE TERMS IN THE THIRTY DAYS BEFORE THE DATE OF THE ACTIVITY FIRST GIVING RISE TO THE CLAIM.

Indemnification

Customer will defend and indemnify Servata, its Partners, agents, partners, and licensors against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any third-party allegation or legal proceeding to the extent arising out of or related to Ads, Targets, Destinations, Services, Use or any breach of these Terms by Customer. Partners are intended third-party beneficiaries of this Section.

Changes to Terms

Servata may make changes to these Terms at any time without notice.

Miscellaneous 

ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROGRAMS WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING CALIFORNIA’S CONFLICT OF LAWS RULES, EXCEPT TO THE EXTENT THAT CALIFORNIA LAW IS CONTRARY TO OR PREEMPTED BY FEDERAL LAW. Customer will not seek an injunction based on patent infringement in connection with the Programs in any proceeding filed while these Terms are in effect, and for one year after any termination of these Terms. These Terms are the parties’ entire agreement relating to their subject matter and supersede any prior or contemporaneous agreements on those subjects. Customer may not make any public statement regarding the relationship contemplated by these Terms (except when required by law). All notices of termination or breach must be in writing and addressed to the other party’s Legal Department (or if it is not known if the other party has a Legal Department then to the other party’s primary contact or other address on file). All other notices to Customer will be in writing and sent to an email address associated with Customer’s account. All other notices to Servata will be in writing and addressed to Customer’s primary contact at Servata or other method made available by Servata. Notice will be treated as given on receipt, as confirmed by written or electronic means. These notice requirements do not apply to legal service of process, which is instead governed by applicable law. Any amendment must be agreed to by both parties and must expressly state that it is amending these Terms. Neither party will be treated as having waived any rights by not exercising (or by delaying the exercise of) any rights under these Terms. If any provision of these Terms is found unenforceable, that provision will be severed and the balance of the Terms will remain in full force and effect. Neither party may assign any of its rights or obligations under these Terms without the written consent of the other party, except to a partner but only where the assignee agrees in writing to be bound by these Terms. The assigning party remains liable for obligations under these Terms if the assignee defaults on them, and the assigning party has notified the other party of the assignment. Any other attempt to transfer or assign is void. There are no third-party beneficiaries to these Terms. These Terms do not create any agency, partnership or joint venture among the parties. Sections 5 through 9 will survive termination of these Terms. Except for payment obligations, no party or its partners are liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.

Servata SpecificTerms of Use Effective as of 2023

Following is the Servata NFT services Terms of Use agreement.

For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at https://Servata.com. “Service” refers to the Company’s services accessed via the Site, in which users can create non-fungible tokens on the Ethereum Blockchain or other Ethereum-based Blockchains and upload user created content to our servers and other third party affiliates. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Site or our Service. 

The following Terms of Use apply when you view or use the Service via our website at https://Servata.com. 

Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. 

If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service. 

YOU ARE GRANTING Servata, ITS PARTNER AFFILIATES AND ITS BUSINESS PARTNERS (AS DEFINED BELOW) THE RIGHT TO USE YOUR CONTENT (DEFINED BELOW) ON THEIR WEBSITES, SOCIAL MEDIA PLATFORMS AND RETAILER WEBSITES, AS WELL AS IN OTHER FORMS, MEDIA AND/OR DISTRIBUTION METHODS AS DESCRIBED BELOW, INDEFINITELY. 

YOU CREATED THE CONTENT OR HAVE PERMISSION FROM THE CREATOR OF THE CONTENT TO GRANT THE RIGHT TO USE THE CONTENT.

YOU HAVE ALL NECESSARY RIGHTS AND PERMISSIONS TO GRANT THE RIGHT TO USE THE CONTENT WITH RESPECT TO ALL INDIVIDUALS APPEARING IN THE CONTENT.

YOU UNDERSTAND THAT ANY CONTENT THAT VIOLATES THESE TERMS OF SERVICE, ANY LOCAL LAWS, INTERNATIONAL LAWS, REGULATIONS, OR POLICIES CAN AND WILL BE REMOVED FROM THE Servata PLATFORM. 

YOU ARE AT LEAST 13 YEARS OF AGE OR THE AGE OF MAJORITY, WHICHEVER IS OLDER, IN YOUR STATE AND/OR COUNTRY OF RESIDENCE. 

PRIVACY POLICY

The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy (above), which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use. 

ABOUT THE SERVICE

The Service allows you to create non-fungible tokens on the Ethereum Blockchain (or other Ethereum-based Blockchains) and upload user created content to our servers and other third party affiliates, manage existing non-fungible tokens made on The Service, or made on other third party services, browse non-fungible tokens created on the Ethereum Blockchain (or other Ethereum-based Blockchains), and transact between two parties by selling or facilitating a value exchange for non-fungible tokens. 

REGISTRATION & RULES FOR USER CONDUCT AND USE OF THE SERVICE

You need to be at least 13 years old and a resident of the United States to register for and use the Service. 

If you are a user who signs up for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately if you become aware of any unauthorized use of your password or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account. 

USE RESTRICTIONS

Your permission to use the Site is conditioned upon the following use, posting, and conduct restrictions:

You agree that you will not under any circumstances: 

• access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service
• collect or harvest any personal data of any user of the Site or the Service
• use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise
• distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis)
• use the Service for any unlawful purpose or for the promotion of illegal activities
•  attempt to, or harass, abuse or harm another person or group
• use another user’s account without permission
• intentionally allow another user to access your account
• provide false or inaccurate information when registering an account
• interfere or attempt to interfere with the proper functioning of the Service
• make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure
• bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data
• circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service 
• publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.

 

Limitation of Liability 

In addition to any other limitation of liability set forth in this terms of use, you expressly agree that in no event shall the Service, its officers, directors, employees, contractors, partner affiliates, or agents be liable to you or any third party for: 

• Any direct, indirect, punitive, incidental, special, consequential damages or any damages incurred by you, however caused and under any theory of liability. This shall include, but is not limited to lost profits (directly or indirectly), loss of data, loss of goodwill or business reputation, or other intangible loss
• Any loss or damage that may be incurred by you arising out of or in any way connected with the use or performance of the Website
• Any delay or inability to use the Website
• Any failure provisioning or failure to provide services, information, documents and publications obtained through the Website; or otherwise arising out of the use of the Website
• Any loss or damage arising out of unauthorized access to or alteration of your transmissions of data and for any material or data sent or received or not sent or received 
• Any loss or damage arising out of any inaccuracies in the translation of information, documents and publications on the Service’s foreign language websites or for any misunderstandings resulting from differences in language usage, dialect or particular regional usage in such translations. 

The limitations on the Service’s liability apply even if the Service has been advised of or it should have been aware of the possibility that such losses or damages could arise. 

You Specifically Agree That:

TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT WILL Servata BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS OR LOST DATA), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT WILL Servata AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING REASONABLE LAWYER’S FEES) ARISING FROM, IN CONNECTION WITH OR RELATED TO THIS AGREEMENT, THE APIS OR THE CONTENT EXCEED THE PORTION OF THE FEES RECEIVED BY Servata IN THE THREE (3) MONTHS PRIOR TO SUCH CLAIM. NOTWITHSTANDING ANYTHING TO THE CONTRARY, Servata HAS NO WARRANTY, INDEMNIFICATION OR OTHER OBLIGATION OR LIABILITY WITH RESPECT TO THE CLIENT’S PRODUCT OR ITS COMBINATION, INTERACTION, OR USE WITH ANY NFT MINTING SERVICES OR THE APIS. 

The Client acknowledges and agrees that this Clause reflects a reasonable allocation of risk and that Servata would not have entered into this Agreement without these liability limitations. This Clause will survive notwithstanding any limited remedy’s failure of essential purpose. 

Indemnification

The Client agrees that Servata and its affiliates and their respective shareholders, directors, officers, employees, representatives, agents, contractors, customers and licensees (collectively, the “Indemnified Parties”) shall have no liability whatsoever for, and the Client shall indemnify and hold harmless the Indemnified Parties from and against, any and all claims, losses, damages, liabilities, costs and expenses (including reasonable lawyer’s fees) arising from, in connection with or related to: 

• any use the Client or its end users makes of the API, the Content or the Minting Services
• the Client’s relationships or interactions with any end users or third-party distributors of the Client’s Product
• the Client’s Product
• the Client’s breach of the terms of this Agreement
• the gross negligence, willful misconduct or fraud done by the Client, its affiliates and their respective shareholders, directors, officers, employees, representatives, agents, contractors, customers and licensees. 

POSTING AND CONDUCT RESTRICTIONS

When you create your own personalized account, you may be able to generate content (“User Content”) in the form of non-fungible tokens on the Ethereum Blockchain or other Ethereum-based Blockchains as you use the Service. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. 

You agree that Servata is only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its sole discretion. 

We grant you permission to use and access the Service, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.

By transmitting and submitting any User Content while using the Service, you agree as follows: 

• You are solely responsible for your account and the activity that occurs while signed in to or while using your account
• You will not post information that is malicious, libelous, false or inaccurate
• You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive
• You retain all ownership rights in your User Content but you are required to grant the following rights to the Site and to users of the Service as set forth more fully under the “License Grant” and “Intellectual Property” provisions below:

When you upload or post User Content to the Site or the Service, you grant to Servata a worldwide, non-exclusive, royalty free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and you grant to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the Service and under these Terms of Use

• You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content
• You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice. 
• You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. 

Servata is not responsible for any public display or misuse of your User Content.

The Site does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users. 

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. 

We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users. 

Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable when you use or access the Site or the Service. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Site or the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. 

The Company shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of a misuse of our Service or violation of these Terms of Use, please contact us at info@Servata.com. 

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. 

Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion, linking, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. 

If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site. 

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

Termination of Repeat Infringer Accounts.

We respect the intellectual property rights of others and requires that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions. 

DMCA Take-Down Notices.

If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the our designated copyright agent at info@Servata.com:

1. The date of your notification
2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work
5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address
6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
8.  

Counter-Notices.

If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above: 

1. Your physical or electronic signature
2. A description of the content that has been removed and the location at which the content appeared before it was removed
3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content
4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in California, USA, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. 

If a counter-notice is received by our copyright agent, we may send a copy of the counter notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. 

Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice. 

LICENSE GRANT
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service. 

INTELLECTUAL PROPERTY
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use. 

EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM 

For contractual purposes, you: 

• consent to receive communications from us in an electronic form via the email address you have submitted
• agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. 

We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to info@Servata.com. Opting out may prevent you from receiving messages regarding the Site, the Service or special offers. 

WARRANTY DISCLAIMER

THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU. 

LIMITATION OF DAMAGES

RELEASE TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU. 

MODIFICATION OF TERMS OF USE 

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms by posting a notice on our Website and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid. 

GENERAL TERMS
If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement. 

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred. 

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. 

We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void. 

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT HTTPS://Servata.com/legal REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT THE TERMS WITHIN THIS DOCUMENT SUPERSEDE ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. 

Blockchain Wallet Addresses and Your Identity

Your Blockchain Wallet address may function as your identity on Servata.com. For many features and capabilities of Servata.com, you will need a Blockchain Wallet address (either hosted by Servata.com or your own, or both) to access the Service. Your account on the service (“Account”) will be associated with your Blockchain Wallet address. In particular, your Personal NFT should contain your basic personal data (name, avatar/pic, etc.) plus your primary and secondary Blockchain Wallet Address.

Your Servata.com Subscription Plan will be associated with your Blockchain Wallet and display the NFTs (and their publicly available data) associated with that Blockchain Wallet address. When you create an NFT record in Servata.com, you may elect to continue using that NFT without minting to a Blockchain. If you would like to withdraw your NFT, sell your NFT, or otherwise share your NFT in whole or in part, you may be required to have a valid Blockchain Wallet Address to complete the transaction or gain or release control of the NFT (in whole or in part).

Servata.com accepts no responsibility for, or liability to you, in connection with your use of a Blockchain Wallet address, and makes no representations or warranties regarding how Servata.com’s functionality will operate with any specific Blockchain Wallet address. You are solely responsible for keeping your Blockchain Wallet address secure and you should never share your Blockchain Wallet address credentials or seed phrase with anyone. If you discover an issue related to your Blockchain Wallet address, please contact your Blockchain Wallet address provider.

Likewise, you are solely responsible for your Servata.com subscription plan and any associated Blockchain Wallet address and we are not liable for any acts or omissions by you in connection with your Servata.com subscription plan or as a result of your Servata.com subscription plan or Blockchain Wallet address being compromised. You agree to immediately notify us if you discover or otherwise suspect any security issues related to your Servata.com subscription plan.

You also represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using your Servata.com subscription plan. Without limiting the foregoing, by using your Servata.com subscription plan, you represent and warrant that:

(a) you are not located in, ordinarily resident in, or organized under the laws of any jurisdiction that is subject to a comprehensive U.S. Government embargo (“Embargoed Jurisdiction”);

(b) you are not subject to any sanctions administered by an agency of the U.S. Government, any other government, or the United Nations (collectively, “Sanctions”);

(c) you are not owned or controlled, directly or indirectly, by any person that is subject to Sanctions, or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction;

(d) none of your officers, managers, directors, shareholders or authorized representatives is subject to Sanctions, or is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction, or is owned or controlled, directly or indirectly, by any person that is subject to Sanctions or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction.

You further assert that the foregoing shall be true during the entire period of this agreement. If you access or use the Servata.com subscription plan outside the United States, you are solely responsible for ensuring that your access and use of the Service in such country, territory or jurisdiction does not violate any applicable laws.

Servata.com may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of these Terms. In such cases, Servata.com, in its sole discretion, may disable your Servata.com subscription plan and block your ability to access your Servata.com subscription plan until such additional information and documents are processed by Servata.com. If you do not provide complete and accurate information in response to such a request, Servata.com may refuse to restore your access to the Service.