TERMS OF SERVICE
Please read the Fullstack.io Terms of Service Agreement ("Agreement") carefully before registering an Account, and using the Fullstack.io Applications, or any such other website usage. This Agreement is a legally binding document between you and Fullstack.io, LLC ("Fullstack.io"). By accepting the terms of this Agreement and registering an Account, you are agreeing to be bound by the terms of this Agreement.
Fullstack.io's "Applications" includes two components: (i) the Internet website application service, along with any accompanying materials or documentation (collectively, the "Application"), (ii) the associated mobile applications and (iii) Fullstack.io's proprietary online content, functionality and services offered on or via the website ("Service").
FULLSTACK.IO PROVIDES EDUCATIONAL INFORMATION AND DIRECTION ON HOW TO BUILD CRYPTO-CURRENCY BASED DISTRIBUTED APPLICATIONS. FULLSTACK.IO DOES NOT, IN ANY WAY, PROVIDE ANY ADVICE OR COUNSEL ON TRADING OR FINANCIAL DECISIONS.
Newline produces and distributes content about various technologies, including but not limited to distributed applications and web technologies, and sends data to Fullstack.io by means of cellular or Wifi connection about User, which may be stored on the user's mobile device.
Fullstack.io's Privacy Policy (https://www.newline.co/privacy) is incorporated into this Agreement by reference. Each of these documents may, at any time, for any reason, be updated, changed, removed, or modified at the sole discretion of Fullstack.io, and your continued use of Fullstack.io after such changes constitutes your acceptance of said change.
IF YOU DO NOT AGREE to the terms of the Privacy Policy and this Agreement, do not click "I Accept" to accept the Agreement and do not register an Account with Fullstack.io.
By clicking "I Accept""
- (1) You acknowledge that you have read the terms of this Agreement in its entirety;
- (2) You acknowledge that Fullstack.io is providing education based information and direction on how to build crypto-currency based, decentralized, and related applications;
- (3) You are NOT creating an account in order to obtain advice or counsel on trading or financial decisions;
- (4) You acknowledge that fees may be required to continually access and use the Service;
- (5) You agree to be bound by the terms of this Agreement;
- (6) You agree to be bound by Fullstack.io's Privacy Policy; and
- (7) You are authorized and able to accept this Agreement on behalf of yourself and/or the business you will be using Fullstack.io on its behalf.
IF YOU DO NOT AGREE to the terms of this Agreement, click the "Cancel" button and do NOT register an Account.
TERMS AND CONDITIONS OF THIS AGREEMENT ARE AS FOLLOWS:
Fullstack.io's "Applications" includes two components: (i) the Internet website application service, along with any accompanying materials or documentation (collectively, the "Application"), (ii) the associated mobile applications and (iii) Fullstack.io's proprietary online content, functionality and services offered on or via the website ("Service").
Grant of Limited License to Use the Service.
Newline produces and distributes content about various technologies, including but not limited to distributed applications and web technologies.
Provided you have paid all fees required hereunder and are in compliance with this Agreement, Fullstack.io hereby grants you a limited, non-exclusive, nontransferable license to access and use Fullstack.io. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the content provided by Fullstack.io or on behalf of Fullstack.io through Fullstack.io (the “Content”) in any way; (ii) modify or make derivative works based upon Fullstack.io or the Content; (iii) create Internet "links" to Fullstack.io or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access Fullstack.io in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of Fullstack.io, or (c) copy any ideas, features, functions or graphics of Fullstack.io. Fullstack.io and its features and benefits are not transferable, whether by operation of law or otherwise, without prior written permission from Fullstack.io, LLC.
You may use Fullstack.io only as permitted by law, including applicable export and re-export control laws and regulations. Do not interfere with the Services or try to access Fullstack.io using a method other than the interface and the instructions provided to you by Fullstack.io. Fullstack.io may suspend or stop providing Services to you if you do not comply or if Fullstack.io is investigating suspected misconduct with your Account.
Accessing Fullstack.io, Security and Privacy
Fullstack.io's Privacy Policy (https://www.newline.co/privacy) is incorporated into this Agreement by reference. Fullstack.io cannot guarantee that all aspects of Fullstack.io will be up and running 24/7. Fullstack.io reserve the right to suspend or restrict access to specific features by user. Fullstack.io will not be liable in the event that all or part of Fullstack.io is unavailable at any time or for any period. Fullstack.io is not liable for any data loss. Fullstack.io does not represent that the content provided on Fullstack.io will be error free. To access certain features of Fullstack.io you will be required to register an Account by entering your email and choosing a password. You are required to treat such information as confidential, and should not disclose it to any third party. There is a password reset procedure in the event that you forget your password. However, Fullstack.io asks that you please notify Fullstack.io of any potential breach of security that may relate to your account. It is a condition of your use of Fullstack.io that the information you provide Fullstack.io is correct, current and complete.
You are solely responsible for any and all activity occurring under your Fullstack.io user accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of Fullstack.io, including those related to data privacy, international communications and the transmission of technical or personal data. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and Account. You agree to notify Fullstack.io immediately of any unauthorized use of your account or any breach of security. Fullstack.io will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You warrant and represent that: (i) if you have provided Fullstack.io with personal information or other information belonging to a third party, that you have the right to do so and (ii) you have complied and will comply with all applicable laws and regulations respecting your execution and performance of these terms.
Purchase of the Fullstack.io Service; Not an Endorsement of Third-Party Services
If you agree to pay the fee for access to the applicable Fullstack.io Service, such fee will be charged to the company designated by you in accordance with the payment method you have chosen for your purchase. If you are paying by credit, by designating a card to be billed, you confirm that you are authorized to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name). All prices stated on the Fullstack.io Websites are inclusive of any applicable sales taxes and fees. Fullstack.io accepts a variety of different payment methods, so please check the website for the best way for you to pay.
The use of Fullstack.io's Services is not an endorsement of any third-party services. The Services provided by Fullstack.io are educational in nature only. In the event that the educational Services provided require the use of a third-party application or service, Fullstack.io is providing education, how-to-use, or how-to-incorporate information related to the third-party services, and does not endorse, recommend, nor provide any warranties related to the use of the third-party services. In the event that use of the third-party services requires Bitcoin, Ethereum or other cryptocurrencies, Fullstack.io may educate you on how-to use cryptocurrencies with the third-party service, but in no way, endorses, encourages, or advices use of cryptocurrencies, or the third-party services.
NOT FINANCIAL ADVICE.
FULLSTACK.IO PROVIDES EDUCATIONAL INFORMATION AND DIRECTION ON HOW TO BUILD CRYPTO-CURRENCY BASED DISTRIBUTED APPLICATIONS. FULLSTACK.IO DOES NOT, IN ANY WAY, PROVIDE ANY ADVICE OR COUNSEL ON TRADING OR FINANCIAL DECISIONS.
Fullstack.io is not a Registered Investment Advisor, Broker/Dealer, Financial Analyst, Financial Bank, Securities Broker or Financial Planner. The Information on the Applications or in the Service are provided for information purposes only. The information is not intended to be and does not constitute financial advice or any other advice, is general in nature and not specific to you. Before using Fullstack.io's information to make an investment decision, you should seek the advice of a qualified and registered securities professional and undertake your own due diligence. None of the information on Fullstack.io's Applications or in the Service is intended as investment advice, as an offer or solicitation of an offer to buy or sell, or as a recommendation, endorsement, or sponsorship of any security, company, or fund. Fullstack.io is not responsible for any investment decision made by you. You are responsible for your own investment research and investment decisions.
Use of Your Data.
You hereby grant to Fullstack.io a non-exclusive, worldwide, royalty-free, irrevocable, perpetual and fully transferable license to collect, access, disclose, store, analyze, and use any data collected by Fullstack.io through access in and to Fullstack.io for purposes of providing you Fullstack.io, analyzing and reporting industry trends, improving Fullstack.io, including creating new features and modeling, and for such other purposes that Fullstack.io may determine in its reasonable discretion. Fullstack.io will not disclose the personally identifying information ("Personal Information") of its users only consistent with the terms of Fullstack.io's Privacy Policy, as noted above, and provided, further, that Fullstack.io will only disclose the specific identity of the company (or the Property) to which Data relates to such company's users, to Fullstack.io's service providers, to a successor or assignee of Fullstack.io assets or stock, or as required by law or court order.
We will also use Data, including Personal Information, to contact individual users, and track and report individual user performance (e.g., how much a certain individual user picked in a particular timeframe). We may provide individual users with information from other users, including information about job opportunities.
Fees
Fullstack.io may change the price for the fee-based services available within Fullstack.io (“Fullstack.io Paid Service”) from time to time. With respect to a change in the Fullstack.io Paid Service, such changed fee will become effective after the expiration of the then-current paid-for period. Any price change will be communicated to you at least thirty (30) days in advance, allowing you the opportunity cancel. If you do not wish to be bound by the changed fee relating to your Fullstack.io Paid Service you may terminate your subscription of your Fullstack.io Paid Service in accordance with Section 8 (Term and Termination). Your continued use of the Fullstack.io Paid Service after the communication of the changed fee constitutes an acceptance of the new fee.
Automatic Subscription Renewal
Your subscription to the Fullstack.io Paid Service will automatically renew at the end of each subscription term unless you terminate your subscription at least two (2) business days prior to the expiration of the current subscription term in accordance with Section 8 (Term and Termination). Upon completion of the initial term, automatic renewal will be charged as a monthly subscription term, even if the previous subscription term was for a longer period. Upon continued use of the Fullstack.io Paid Service after the initial term, the payment method you have designated to be charged in your Account will automatically be charged for the automatic renewal fees for the applicable subscription. Your Account will retain the payment method for the initial purchase of the Fullstack.io Paid Service. This payment method will be used unless you make the appropriate changes in your Account.
Term and Termination
This Agreement is effective upon clicking accept and creating a Fullstack.io Account or when you start using any part of Fullstack.io. This Agreement remains effective until terminated by you or Fullstack.io. You may cancel your subscription of Fullstack.io's Paid Service at any time by visiting your subscription page. Termination is effective at the expiration of the then-current paid for subscription period (e.g. one month, one quarter or a year). Fullstack.io will not refund any unused portion of subscription fees paid in advance. Fullstack.io reserves the right to terminate this Agreement or suspend your Fullstack.io Account at any time in case of unauthorized, or suspected unauthorized use of any part of Fullstack.io, whether in contravention of this Agreement or otherwise. If Fullstack.io terminates this Agreement, or suspends your Fullstack.io Account for any of the reasons set out in this section, Fullstack.io shall have no liability or responsibility to you, and Fullstack.io will not refund any amounts that you have previously paid. Upon termination, you will have no further right or access to Fullstack.io or the data or other information provided by Fullstack.io or Fullstack.io. Upon termination of your account, data may be deleted or retained in Fullstack.io's sole discretion. The following sections and any claim by Fullstack.io for unpaid fees will survive any termination or expiration of this Agreement or Fullstack.io Services: Section 4, Section 8-9, Section 11, and sections 13-18.
Intellectual Property
You acknowledge and agree that Fullstack.io (and/or its licensors), own all right, title, and interest in and to the Application, including all intellectual property rights associated with the Fullstack.io Services and any information, data or material generated or created by Fullstack.io. Except for the limited license expressly stated herein, you have no intellectual property rights in the Applications or the Services and Fullstack.io reserves all rights not expressly granted to you. You must comply with all laws when using Fullstack.io, as well as, all applicable copyright, trademark, or other legal notices or restrictions. Furthermore, you must not infringe any third party's intellectual property rights in using Fullstack.io. Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through Fullstack.io. The trademarks, trade names, service names or logos associated with Fullstack.io (collectively, the "Marks") are trademarks of Fullstack.io, LLC or its licensors, and no right or license is granted to use them. You hereby acknowledge Fullstack.io or its licensors' perpetual and exclusive ownership of and title to the Marks and the goodwill attaching thereto. You agree not to use or attempt to register any Mark that is confusingly or deceptively similar to the Marks.
If you send or transmit any communications, comments, questions, suggestions, or related materials to us, whether by letter, e-mail, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Application and/or Service, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non- proprietary, and you hereby assign all right, title, and interest in, and to Fullstack.io. Fullstack.io is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Fullstack.io is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Copyright Infringement and Take Down
If you are a copyright holder who believes that any of the products, services or content which are directly available via Fullstack.io are infringing copies of your work, please let us know. Pursuant to The Digital Millennium Copyright Act, 17 United States Code 512(c)(3), a notice of alleged copyright infringement should be sent to Fullstack.io's designated copyright agent at the following address: Fullstack.io Attn: Copyright [email protected] [ENTER COPYRIGHT AGENT ADDRESS AND CONTACT INFORMATION] A notification of claimed copyright infringement must be addressed to Fullstack.io's copyright agent listed above and include the following: A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed; Specific identification of each copyrighted work claimed to have been infringed; A description of where the material believed to be infringed is located on Fullstack.io Service or the Fullstack.io Websites (please be as detailed as possible and provide a URL to help Fullstack.io locate the material you are reporting); Contact information for the complaining party, such as a complete name, address, telephone number, and email address; A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Technology Limitations and Modifications
Fullstack.io will make reasonable efforts to keep Fullstack.io operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Fullstack.io reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of Fullstack.io with or without notice.
Assignment
Fullstack.io may assign this Agreement or any part of it without restrictions. You may not assign your obligations under this Agreement or any part of it to any third party.
Business Use of Services
If you are using Fullstack.io on behalf of a business, that business accepts the terms of this Agreement.
Severability.
If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.
Complete Agreement.
This Agreement constitutes the entire agreement between the you and Fullstack.io with respect to the use of Fullstack.io licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. To the extent that the provisions of this Agreement conflict with other terms provided by Fullstack.io, the conflicting provisions in this Agreement shall govern. The English language version of these Terms of Service is the binding version, and any translation is provided for convenience only. In the case of any conflict or inconsistency between the English version of these Terms of Use and any translated version, the terms of the English version shall prevail.
Disclaimer of Warranties
EXCEPT AS SET FORTH ABOVE, FULLSTACK.IO PROVIDES THE APPLICATIONS AND SOFTWARE ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS. FULLSTACK.IO MAKES NO WARRANTY THAT (i) THE APPLICATION OR ANY SOFTWARE PURCHASED THROUGH FULLSTACK.IO WILL MEET YOUR REQUIREMENTS; (ii) FULLSTACK.IO WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT THERE WILL BE NO ERRORS IN THE APPLICATION OR HARDWARE, OR THAT FULLSTACK.IO WILL FIX ANY ERRORS. YOU UNDERSTAND THAT FULLSTACK.IO MAY BE AFFECTED OR INTERRUPTED BY, CELLULAR OR OTHER NETWORK INTERRUPTIONS AND OTHER FACTORS AND ACTS OF GOD, AND THAT FULLSTACK.IO BEARS NO RESPONSIBILITY FOR THE SAME.
ANY DATA OR OTHER INFORMATION OBTAINED THROUGH USE OF THE APPLICATION OR SERVICE ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND FULLSTACK.IO SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE APPLICATIONS OR SERVICES OR ANY CONTENT OBTAINED FROM FULLSTACK.IO'S APPLICATIONS OR SERVICES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE. FOR ANY ADDITIONAL QUESTIONS CONCERNING THESE EXCLUSIONS, YOU SHOULD CONTACT A LEGAL REPRESENTATIVE IN YOUR STATE OR REGION.
LIMITATION OF LIABILITY
YOUR USE OF THE APPLICATIONS AND SERVICES IS ENTIRELY AT YOUR OWN RISK. FULLSTACK.IO WILL NOT BE LIABLE FOR ANY INVESTMENT DECISION MADE BY YOU. FURTHER, FULLSTACK.IO WILL NOT BE LIABLE TO YOU (OR ANY THIRD PARTY) FOR INDIRECT, INCIDENTAL, SPECIAL, EXTRAORDINARY, OR CONSEQUENTIAL DAMAGES, LOSS OF REVENUE OR PROFITS, BUSINESS INTERRUPTION, EVEN IF YOU HAVE INFORMED FULLSTACK.IO OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT FULLSTACK.IO SHALL HAVE NO RESPONSIBILITY OF LIABILITY FOR ANY DAMAGE OR LOSS TO PROPERTY, REDUCTION OR LOSS IN PRODUCTION, OR PERSONAL INJURY OR DEATH RELATING TO THE SOFTWARE, OR SERVICE OR THE DATA OR OTHER INFORMATION PROVIDED THROUGH FULLSTACK.IO, EXCEPT DUE TO FULLSTACK.IO'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. FULLSTACK.IO'S TOTAL LIABILITY FOR ANY CLAIMS RELATING TO OR ARISING OUT OF USE OF THE SERVICE OR SHALL BE LIMITED TO THE AGGREGATE FEES YOU PAID FOR THE SERVICE DURING THE ONE (1) YEAR PERIOD PRIOR TO ASSERTION OF THE CLAIM.
Indemnification
You, or the business you are using Fullstack.io's Applications and/or Services on behalf of, will defend, indemnify, and hold harmless Fullstack.io and its affiliates, officers, agents and employees from and against any claim, suit, injury, action, liability, loss, damage, settlement, judgment, arbitration award, cost, and expense, including without limitation, reasonable attorneys’ fees and expenses (collectively, “Claims”) resulting from, arising out of, or relating to your use of Fullstack.io's Applications, Services and/or the Fullstack.io Software. Fullstack.io will promptly notify You in writing of any such Claim and will allow You to control, and will cooperate with You in, the defense and all related settlement negotiations; provided, however, that Fullstack.io may participate in such defense and negotiations through counsel of its own choosing at its own expense. You will reimburse Fullstack.io for all expenses incurred by Fullstack.io through such cooperation with You in the defense and related settlement negotiations. No settlement of a Claim may be made by You without Fullstack.io's prior written consent, which shall not be unreasonably withheld.
Mandatory Arbitration; Exceptions to Mandatory Arbitration; Waiver of Class Action Rights; Limitations Period; Venue and Choice of Law
i. You and Fullstack.io agree that any dispute, claim or controversy arising out of or relating in any way to the Applications or Services or your use thereof, including this Agreement, shall be determined by mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Fullstack.io, LLC are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of this Agreement and the termination of your Paid Service subscription. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the 'AAA Rules'), as modified by this Agreement, and as administered by the AAA.
ii. You and Fullstack.io, LLC agree that (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the Applications and/or Services are NOT subject to mandatory arbitration. Instead, you and Fullstack.io, LLC agree that the preceding claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by Courts of competent jurisdiction in San Francisco, California, and that applicable California and/or Federal law shall govern, without regarding to choice of law principals.
iii. YOU AND FULLSTACK.IO, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, the arbitrator shall not consolidate any other person's claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief.
iv. Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA's Consumer Rules with the remainder paid by Fullstack.io, LLC. Any arbitration costs or fees deemed 'excessive' will be paid by Fullstack.io, LLC.
v. You and Fullstack.io, LLC agree that this Agreement involves interstate commerce and is subject to the Federal Arbitration Act. You and Fullstack.io, LLC further agree that applicable laws of the State of California shall exclusively govern any dispute without regard to choice or conflicts of law rules, and excluding the application of its conflicts of law rules and the United Nations Convention on Contracts for the International Sale of Goods. The sole and exclusive venue for the resolution of any dispute, whether or not subject to mandatory arbitration as described above, shall lie in San Francisco, California.
Questions.
If you have questions regarding this Agreement, or wish to obtain additional information, please contact us at: Fullstack.io, 777 Brickell Ave Ste 50096854 Miami FL 33131 Email: [email protected].
© Fullstack.io, LLC. All rights reserved. Last Updated July 10, 2018.