Terms & Conditions
Last Revised: October 10th, 2018
The following terms and conditions (the “Terms of Service” or “Agreement”) constitutes the entire agreement between you (“User”, “You” or “Your”) and Trickut, a Limited Liability Company registered in the State of New York (“Trickut”, “The Company“, “Us”, “Our”, or ‘We”). If you enter into a separate, written agreement with the Company regarding your participation in a pre-sale or purchase of Tokens, such purchases will be governed by the terms of those written agreements.
Preamble and Acceptance
The Company, in its sole and absolute discretion, may make changes or modifications to the Website or to the Terms of Service, at any time and without prior notice to You, and such changes or modifications shall be effective immediately upon posting to the Website. You acknowledge and agree that (i) We may notify You of such changes or modifications by posting them to the Website and (ii) Your use of the Website or the Services after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute Your acceptance of all posted modifications and changes.
Access to Services
The Company makes no representation or warranty that the Website may be lawfully accessed in any specific location. Access to the Website may not be legal by certain persons or in certain states or certain countries, or may require government authorization or registration. When You access the Website, You are solely responsible for compliance with the laws and regulations of Your jurisdiction.
Any users accessing the Website or purchasing Services must be at least eighteen (18) years of age.
THE COMPANY RESERVES THE RIGHT TO DELETE UPLOADED CONTENT AND TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE AT ANY TIME AND IN ITS SOLE DISCRETION, WITHOUT PRIOR NOTICE, WHENEVER THE COMPANY DEEMS THAT YOUR USE IS IN ANY MANNER INAPPROPRIATE OR IN VIOLATION OF APPLICABLE LAWS AND REGULATIONS OR THESE TERMS OF SERVICE.
You may access areas of the Website that require registration by becoming a registered user and creating an account with Us. You agree to be solely responsible for maintaining the confidentiality of Your passwords or other account identifiers and all activities related to Your account.
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for You or logging into a server or account which You are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere or disrupt another user’s access to that user’s account, Services, host, or network, by any means, including, without limitation, submitting a virus, overloading, “DDOSing”,”flooding”, “spamming”, “mailbombing” or “crashing”, (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) scraping or harvesting data or (f) the use of robots to skew payouts.
Violations of system or network security or inappropriate conduct may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement entities in prosecuting users who are involved in such violations.
Use of Services
You are solely responsible for deciding whether the Services offered on the Website are suitable for Your own purposes, and whether the Services match Your needs. You are solely responsible for the information you input or upload to the Website, and represent and warrant that You have the right and authorization to input or upload all such information, and that all such information is current and accurate, and will be kept up-to-date.
If You represent a business entity, You represent and warrant that You have authority to access the Services and Website on behalf of that business entity, that the business entity is responsible for Your use of the Website in accordance with the Terms of Services and other relevant documents, and that the Company will be liable for any violations relating to Your use of the Website.
The Company offers no express or implied guarantees or warranties regarding the benefits from using the Services, if any, or that You will find the Services satisfactory, beneficial or suitable for Your own circumstances.You acknowledge and agree that the Company is not providing any legal, financial, investment or accounting advice.
User-Generated Content is any information or data uploaded to the Website by a user, including but not limited to, information about specific products provided by third parties. Each user acknowledges and agrees that they are solely responsible for the form, content and accuracy of any User-Generated Content submitted, and for their own communications, and are responsible for the consequences of all such information and communications.
Each user represents and warrants that the User-Generated Content submitted by that user is accurate and up-to-date, and that it does not violate relevant laws, rules or regulations, that the user has all rights necessary to upload User-Generated Content, and that no User-Generated Content will violate the intellectual property rights or the rights of privacy or publicity of any third party.
You hereby agree and acknowledge that You will not imply or state, directly or indirectly, that the user is affiliated with, or endorsed by, the Company.
You hereby agree and acknowledge that You will be solely responsible and liable for any damages to or claim by another user with whom You communicate. You hereby release and indemnify the Company and its subsidiaries, affiliates, officers, directors, employees, agents, partners, and representatives (hereinafter “Affiliates”) from all actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, lost profits, costs or expenses, including, without limitation, court costs and attorney’s fees, which another user may attempt to assert against the Company and its Affiliates, or any violation or breach of these Terms of Service and/or these representations and warranties.
You hereby agree and acknowledge that the Company cannot and does not confirm that each user is who they claim to be, or control the behavior of users. In the event You have a dispute with other users, You release the Company and its Affiliates from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes with third parties.
You hereby agree to not provide any User-Generated Content or engage in communications that are false, defamatory, libelous, hateful, threatening, harassing, racially or ethnically offensive, pornographic, obscene, encourages anything that would be considered a criminal offense, gives rise to civil liability, violates any law or regulation, including but not limited to, laws or regulations relating to intellectual property rights, or harm or threaten the safety of others.
You hereby agree and acknowledge that the Company may screen or monitor user communications without prior notice. If the Company becomes aware that User-Generated Content or communications may not conform to the Terms of Service, the Company may investigate the allegation, and determine, its sole discretion, whether to remove or request the removal of such User-Generated Content or communications. Notwithstanding any of the foregoing, the Company is under no legal obligation to, and does not, control User-Generated Content. It has no obligation to screen or monitor communications or information in advance and is not responsible for screening or monitoring material posted by users.
You hereby agree and acknowledge that the Company is not involved in any actual transactions between You and other users. As a result, the Company has no control over the quality, safety, truth, accuracy or legality of User-Generated Content or communications. Note that there are risks, including but not limited to the risk of physical harm, in dealing with strangers, underage persons or people acting under false pretenses. You hereby agree and acknowledge that any reliance on communications, information and materials posted by other users will be at Your own risk, and You agree to take all necessary precautions.
You further agree and acknowledge that the Company has no liability or responsibility to You for performance or nonperformance of activities undertaken by other users, or claims relating to any inaccurate, untimely or incomplete information provided by users.
Users retain the ownership and copyright to User-Generated Content and communications posted by them.
By submitting User-Generated Content and communications, You grant the Company the royalty-free, perpetual, irrevocable, assignable, sub-licensable, non-exclusive right (including any moral rights) license to use, stream, reproduce, modify, adapt, publish, translate, distribute, perform, and/or incorporate, the User-Generated Content and communications in other works, and display the User-Generated Content and communications, in whole or in part, worldwide through any media or technology now known or later developed, for the full term of any rights that may exist in such the User-Generated Content and communications.
You hereby agree and acknowledge that You permit any other user to access, display, and view all User-Generated Content submitted by You to the public areas of the Website and/or Services.
You hereby agree and acknowledge that the Company does not guarantee any confidentiality or privacy with respect to any User-Generated Content or communications.
You hereby agree and acknowledge that You shall not use, duplicate, modify, distribute, or reproduce the User-Generated Content or communications posted by other users in any manner without express permission from that submitting user. The Company is not a party to granting such permission and is not involved in any relationship, contractual or otherwise, between users. If You believe that intellectual property rights have been infringed, you may notify the Company according to the notification procedures set forth in our Copyright Infringement Policy, as stated herein.
Trickut communicates through different social media pages and communication mediums, including but not limited to, Facebook, Instagram, Twitter, Snapchat, and Telegram.
Any posts made on these social media pages are not necessarily the views or opinions of Trickut, or its Affiliates. Use of such third-party social media and communication platforms are governed by the terms and conditions of the applicable social media outlet.
“Trickut”, and any other Company trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of the Company, and any unauthorized use of such trademarks and trade names is unlawful.
The Website, including without limitation all research, programs, newsletters, social media activities, compiled binaries, interface layout, interface text, documentation, resources and graphics, are the Company’s sole and exclusive property and are protected by copyright, trademark, and other laws of the United States and other countries.
You may not sell or modify the Website content or the Services, or reproduce, display, publicly perform, distribute, or otherwise use the Website content or the Services in any manner or for any purpose.
The Company shall own all rights, titles and interest (including patent rights, copyrights, trade secret rights, mask work rights, trademark rights, sui generis database rights and all other rights of any sort throughout the world) relating to any and all inventions (whether or not patentable), works of authorship, mask works, modifications, feature improvements, suggestions, designations, designs, know-how, ideas and information made or conceived or reduced to practice, in whole or in part, by the User or any Author (Collectively referred to as Author for the purposes of this section) created or published in connection with their Services or any Proprietary Information (as defined below) (collectively as the “Inventions”) and Author will promptly disclose and provide all Inventions to the Company . All Inventions are works made for hire to the extent allowed by law. In addition, if any Invention does not qualify as a work made for hire, Author hereby makes all assignments necessary to accomplish the foregoing ownership. Author shall further assist the Company, at the Company’s expense, to further evidence, record and perfect such assignments, and to perfect, obtain, maintain, enforce, and defend any rights assigned. Author hereby irrevocably designates and appoints the Company and its Affiliates as attorneys-in-fact to act for and in Author’s behalf to execute and file any document and to do all other lawfully permitted acts to further the foregoing with the same legal force and effect as if executed by Author.
If any part of the Services or Inventions is based on, incorporates, or is an improvement or derivative of, or cannot be reasonably and fully made, used, reproduced, distributed or otherwise exploited without using or violating technology or intellectual property rights owned or licensed by Author and not assigned hereunder, Author hereby grants the Company, its Affiliates, and its successors a perpetual, irrevocable, worldwide royalty-free, non-exclusive, sub-licensable right and license to exploit and exercise all such technology and intellectual property rights in support of the Company’s exercise or exploitation of the Services, Inventions, other work performed hereunder, or any assigned rights (including any modifications, improvements and derivatives of any of them).
Author agrees that all Inventions and all other business, technical and financial information (including, without limitation, the identity of and information relating to customers or employees) Author develops, learns or obtains in connection with Services or that are received by or for the Company in confidence, constitute “Proprietary Information.” Author will hold in confidence and not disclose or, except in performing the Services, use any Proprietary Information. However, Author shall not be obligated under this paragraph with respect to information Author can document is or becomes readily publicly available without restriction through no fault of Author. Upon termination and as otherwise requested by the Company, Author will promptly return to the Company all items and copies containing or embodying Proprietary Information, except that Author may keep its personal copies of its compensation records and this Agreement. Author further agrees that any property situated on the Company’s premises and owned, leased or otherwise possessed by the Company , including computers, computer files, email, voicemail, storage media, filing cabinets or other work areas, is subject to inspection by Company personnel at any time with or without notice.
User Comments and Suggestions
While Your feedback is valued, please understand that if You send creative ideas, inventions, or suggestions (for the purposes of this section, “Submissions”), all such Submissions shall be, upon transmission to Us by You, the sole and exclusive property of the Company. The Company shall own exclusively all now known or later discovered rights to the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other third party.
No part of the Submissions shall be subject to any obligation of confidence to You by the Company, and the Company shall not be liable to You for any use or disclosure.
Copyright Infringement Policy
If You believe that any copyrighted work is accessible on or through the Website or Services in a way that constitutes copyright infringement, please notify the Company by providing our designated copyright agent with the following information:
BY USING TRICKUT, YOU AGREE TO INDEMNIFY, DEFEND, AND FOREVER HOLD HARMLESS THE COMPANY FOR ANY CAUSE OF ACTION WHATSOEVER ARISING FROM YOUR USE OF THE SITE OR EXTERNAL LINKS, WHETHER IN TORT, CONTRACT, OR OTHERWISE.
THE SERVICES AND WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICES AND WEBSITE IS AT YOUR SOLE RISK. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICES OFFERED OR ANY OTHER CONTENT ACCESSED THROUGH THE WEBSITE.
THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. THE COMPANY IS NOT RESPONSIBLE FOR COSTS ASSOCIATED WITH THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA.
ALTHOUGH THE INTENT IS TO PROVIDE ACCURATE AND TIMELY INFORMATION, THE CONTENT AND INFORMATION PROVIDED MAY NOT ALWAYS BE ENTIRELY ACCURATE, COMPLETE OR CURRENT AND MAY ALSO INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CONTENT INFORMATION MAY BE CHANGED OR UPDATED FROM TIME TO TIME WITHOUT NOTICE, INCLUDING WITHOUT LIMITATION INFORMATION REGARDING OUR POLICIES, PRODUCTS AND SERVICES. ACCORDINGLY, YOU SHOULD VERIFY ALL INFORMATION BEFORE RELYING ON IT, IF AT ALL, AND ALL DECISIONS BASED ON INFORMATION CONTAINED ON THE WEBSITE ARE YOUR SOLE RESPONSIBILITY AND THE COMPANY SHALL HAVE NO LIABILITY FOR SUCH DECISIONS. LINKS TO THIRD-PARTY MATERIALS (INCLUDING WITHOUT LIMITATION WEBSITES) MAY BE PROVIDED AS A CONVENIENCE BUT ARE NOT CONTROLLED BY US. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY ASPECT OF THE INFORMATION, CONTENT, OR SERVICES CONTAINED IN ANY THIRD-PARTY MATERIALS OR ON ANY THIRD-PARTY SITES ACCESSIBLE OR LINKED TO THE WEBSITE.
THE COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATION YOU HAVE UPLOADED TO THE WEBSITE AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF SUCH INFORMATION, OR FAILURE TO STORE ANY OF SUCH INFORMATION. NOR IS THE COMPANY RESPONSIBLE FOR LOSS OF INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE COMPANY’S CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THEIR INFORMATION.
LIMITATION OF LIABILITY
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE D1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
IN ADDITION TO ANY LIMITATION OF LIABILITY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU HEREBY UNDERSTAND AND AGREE THAT NEITHER THE COMPANY NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE OR ACCESS THE SERVICES OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE, WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, BODILY INJURY, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE OR YOUR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU FOR THE SERVICES.
IF YOU CAUSE A TECHNICAL DISRUPTION TO THE SERVICES OR TO OTHERS YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING FROM THAT DISRUPTION.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE SERVICES; (II) ANY MATERIAL YOU PROVIDE TO THE SERVICES, (III) ANY SERVICES THAT YOU USE OR (IV) YOUR BREACH OF THE TERMS OF THIS AGREEMENT AND YOUR REPRESENTATIONS AND WARRANTIES. THE COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. THE COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION BY YOU.
Additional Terms of Service
Nothing in this Agreement is intended to create or will be construed as creating a joint venture, partnership, employer/employee or principal and agent relationship between users and the Company.
This Agreement is subject to the laws of New York and the parties submit to the exclusive jurisdiction of the United States courts.
If any court having competent jurisdiction holds any provision of this Terms of Service invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Terms of Service shall continue in full force and effect.
The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative.
You consent to the use of electronic means to deliver any notices pursuant to this Agreement and electronic records to store information related to this Terms of Service.
You may not assign this Terms of Service or any of its rights or obligations hereunder. Except as expressly specified herein, this Agreement shall create rights and obligations only between the Company and each individual user that accepts this Agreement and it does not create any rights for any other parties.
Any questions about these Terms of Service may be directed to [email protected].
Registered Users and Email List
By signing up to our service, you agree to enroll in our mailing list and newsletter. The Company uses the mailing list to disseminate content along with important news and information about Our services. The Terms of Service for Our products and services apply to the mailing as well.
Termination and Ending subscription
You may end Your subscription to Our email list or other services at any time by either clicking the “unsubscribe” button at the bottom of Our emails, or by emailing Us at [email protected]. You hereby acknowledge and understand that it can take up to 30 days for a subscription request to be processed by the Company.
This Agreement and use of our Website and Services can terminated at any time by Us in the event that You breach any of the terms contained herein. Additionally, the Company reserves the right to ban, block, or expel users from Social Media services on the grounds that they are publishing, or have published, comments or materials that put the Company’s reputation into question, or such a post or comment breaches the terms and conditions of the platform itself.
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