Unstoppable Domains - Login and Humanity Check TermsMay 19, 2022
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Unstoppable Domains – Login and Humanity Check Terms
These Terms of Service, including any terms and conditions and policies incorporated by reference (collectively, these “Terms”) constitute a binding agreement between Unstoppable Domains, Inc. (referred to as “Unstoppable”) and each of its customers (“Customer”) governing Customer’s use of the Login with Unstoppable Domains product (“Login”) (as defined below). Customer acknowledges that the Humanity Check Services (defined below) is available only if Customer has clicked “Agree” to add the Humanity Check Services. The “Unstoppable Services” means, collectively, use of the Login Product, Humanity Check Services, Unstoppable APIs, and Unstoppable’s website at www.unstoppabledomains.com (“Website”) and access to and use of Content (as defined below). Customer and Unstoppable are each referred to herein as a Party, and collectively, the “Parties”.
THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES.
- LOGIN PRODUCT AND UNSTOPPABLE APIs
a) “Login” means the Login with Unstoppable product, including the Login Integration Guide, libraries, components, the associated open-source server, and any use of the Unstoppable APIs in connection therewith. The “Unstoppable APIs” means, collectively, (i) the application programming interface (“API”) owned by or licensed to Unstoppable and all software, feature, functions, services, materials and proprietary and intellectual property rights associated therewith that allows Customers to enable its own end users (“End Users”) to use their Unstoppable domain name (“Unstoppable Domain”) in connection with Customer’s own products and services and (ii) the API that allows Customer’s End Users to participate in identity verification check service provided by a third party provider, that may include Persona Identities Inc. (“Verification Provider”), and allows Customer to obtain certain limited results generated by Verification Provider regarding such End Users through Unstoppable (such services, “Humanity Check Services”).
- HUMANITY CHECK SERVICES
a) Customer acknowledges that when End Users participate in the identity verification check service provided by Verification Provider, they complete an identity verification through a Verification Provider , and that Verification Provider collects personally-identifiable information about such End User, which may include, but may not be limited to, name, address, date of birth, nationality, a form of government identification, such as a driver’s license or passport, a photograph or live media of the End User, and such other information that may be required by Verification Provider to verify an End User’s identity and that such End User is over the age of eighteen (18) (a (“Humanity Check”). Customer further acknowledges that Verification Provider will provide Unstoppable with a Humanity Check Result, and that Unstoppable will provide such Humanity Check Result to Customer when an End User opts in to allow such Customer to receive the Humanity Check Result. A “Humanity Check Result” means the de-identified result of a Humanity Check completed by Verification Provider for a given End User, which does not include any personal information of the End User and only indicates whether or not Verification Provider has concluded an End User is a human being and is over the age of eighteen (18). Customer further acknowledges that Verification Provider does not provide to Unstoppable any information related to an End User other than the Humanity Check Result, and that Unstoppable is unable itself to verify the Humanity Check Result or that an End User properly completed the Humanity Check.
b) Customer acknowledges that Verification Provider is a Third-Party and has no affiliation with Unstoppable other than in connection with making available to Customer the Humanity Check Services. Customer understands and agrees that when End Users access the Humanity Check Services, they are subject to the terms and conditions of Verification Provider when using its services. Customer agrees to obtain from End Users all consents that may be required under applicable law with respect to an End User’s use of the Humanity Check Services.
- THIRD-PARTY SITES
- INTELLECTUAL PROPERTY
a) Subject to these Terms, Unstoppable hereby grants to Customer a worldwide, non-exclusive, non-transferable, non-sublicensable, license and right to the Login Product and Unstoppable APIs solely in connection with its provision of the Unstoppable Services to its End Users. Customer shall not use the Unstoppable Services in any manner or for any purpose that infringes, misappropriates, or otherwise violate any intellectual property right or other right of any person, or that violates any applicable law. Customer shall not permit any third party to copy, modify, create derivative works of, or sell, assign, distribute, transfer or otherwise make available the Unstoppable Services.
b) Any text, graphics, logos, icons, images, audio clips, video clips and software on Unstoppable’s Website, or available through the Unstoppable APIs, and all legally protectable elements of the foregoing, including, without limitation, all derivative works, translations, adaptations or variations of the same, regardless of medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, and all intellectual property rights therein (the foregoing, "Content") are all owned by or licensed to Unstoppable. Content may contain trademarks, service marks and trade names that are owned by Unstoppable and may also contain brand and product names that are trademarks, service marks or trade names of third parties. Customer is hereby granted a limited license to access and use the Content solely for its or its End User’s non-commercial use in connection with Customer’s products and services, provided that Customer and its End User keep all copyright or other proprietary notices intact.
c) Unless authorized in writing by an officer of Unstoppable, Customer may not use any Content without Unstoppable’s prior written consent and even if Unstoppable consents, in any manner that is not likely to cause confusion among customers, or in any manner that disparages or discredits Unstoppable or its licensors. Customer may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, or exploit the Content for any commercial purpose, without Unstoppable’s prior written consent. If Customer violates any of these Terms, Customer’s permission to use the Content will automatically terminate, Customer must immediately destroy Content in Customer’s possession or under Customer’s control and any copies Customer has made and Unstoppable may end Customer’s authorization to use the Unstoppable Services.
d) Customer acknowledges and agrees that the Unstoppable Services are the exclusive property of Unstoppable and that these Terms grant to Customer no title or rights of ownership in the Unstoppable Services or Content or any components thereof, or any other license other than as explicitly set forth herein.
e) Notwithstanding anything to the contrary in these Terms, the Unstoppable Services may include software components provided by Unstoppable or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
f) The Unstoppable logo and any Unstoppable product or service names, logos or slogans that may appear in the course of Customer’s use of the Unstoppable Services are trademarks of Unstoppable or Unstoppable’s affiliates or licensors and may not be copied, imitated or used, in whole or in part, without Unstoppable’s prior written permission. Customer may not use any metatags or other “hidden text” utilizing “Unstoppable” or any other name, trademark or product or service name of Unstoppable or Unstoppable’s affiliates without Unstoppable’s prior written permission. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Unstoppable.
- AVAILABILITY OF THE UNSTOPPABLE SERVICES
a) Unstoppable cannot and does not guarantee the Unstoppable Services will be available and Unstoppable may experience hardware, software, or other problems or need to perform maintenance related to the Unstoppable Services, resulting in interruptions, delays, or errors. Unstoppable reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Unstoppable Services at any time upon reasonable notice. Customer agrees that Unstoppable has no liability whatsoever for any loss, damage, or inconvenience caused by Customer’s inability to access or use the Unstoppable Services during any downtime or discontinuance of the Unstoppable Services. Nothing in these Terms will be construed to obligate Unstoppable to maintain and support the Unstoppable Services or to supply any corrections, updates, or releases in connection therewith.
- ASSUMPTIONS OF RISK
a) Customer acknowledges that there are risks associated with the Unstoppable Services and accessing the Humanity Check Services, including that the Humanity Check Results may not be accurate. Customer further acknowledges that Unstoppable cannot confirm the accuracy of the Humanity Checks and Unstoppable therefore is not responsible for any consequences related to or negative impacts arising from inaccurate, false, or incomplete Humanity Check Results. Customer understands and agrees that Humanity Check Results are offered on a purely non-reliance basis.
b) By using the Unstoppable Services, Customer expressly acknowledges and assumes all risks including, but not limited to: errors in the Unstoppable Services; errors in or resulting from the Humanity Check Results; inability of End Users to access the Humanity Checks; inability of Customer to access the Humanity Check Services; inability of End Users to access their Unstoppable Domain; blockchain malfunctions or other technical errors; server failure or data loss; telecommunications failures; unfavorable regulatory determinations or actions (including with respect to non-fungible tokens (“NFTs”) or cryptocurrencies); cybersecurity attacks; privacy risks; vulnerabilities in Unstoppable’s, or any Third-Party Site’s, security; unauthorized access and personal information disclosure; unauthorized access to applications; unauthorized third-party activities, including, without limitation, the introduction of viruses or other malicious code; the use of phishing, sybil attacks, 51% attacks, or bruteforcing; changes to the protocol rules of a blockchain (e.g., “forks”), or other means of attack that affect, in any way, the Unstoppable Services; or nay other unanticipated risks (collectively, “Platform Risks”).
c) Customer acknowledges that its End Users have a sufficient understanding of the functionality, transmission mechanisms and other material characteristics of, blockchain technology, digital assets, and digital wallets to appreciate the risks and implications of the Humanity Check Services.
a) THE SERVICES ARE PROVIDED ON AN ASIS AND ASAVAILABLE BASIS. CUSTOMER AGREES THAT ITS USE OF THE SERVICES WILL BE AT ITS SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, UNSTOPPABLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE UNSTOPPABLE SERVICES AND CUSTOMER’S USE THEREOF, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR TECHNICAL OPERATION OR PERFORMANCE. UNSTOPPABLE ALSO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT, THE UNSTOPPABLE SERVICES, THE UNSTOPPABLE APIS, THE CONTENT OR SERVICES PROVIDED BY ANY THIRD-PARTY SITE, AND THE HUMANITY CHECK SERVICES. UNSTOPPABLE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES RESULTING FROM, OR RELATED TO, THE CONTENT, THE UNSTOPPABLE SERVICES, THE UNSTOPPABLE APIS, OR THE HUMANITY CHECK SERVICES, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM CUSTOMER’S ACCESS TO AND USE OF THE UNSTOPPABLE SERVICES, THE HUMANITY CHECK SERVICES, OR ANY THIRD-PARTY SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF UNSTOPPABLE’S SECURE SERVERS, WEBSITE, THE UNSTOPPABLE APIS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN OR RELATED THERETO, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION RELATED TO THE UNSTOPPABLE SERVICES, THE HUMANITY CHECK SERVICES OR ANY THIRD-PARTY SITES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE UNSTOPPABLE SERVICES, THE HUMANITY CHECK SERVICES OR BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS RELATED TO OR ARISING OUT OF ANY CONTENT, THE UNSTOPPABLE SERVICES, OR ANY THIRD-PARTY SITES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT THEREOF AS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE TO CUSTOMER.
- LIMITATIONS OF LIABILITY
a) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: IN NO EVENT WILL UNSTOPPABLE BE LIABLE FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, WHERE RELATED TO LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, OR DAMAGES FOR BUSINESS INTERRUPTION); AND (II) ANY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE CONTENT, THE UNSTOPPABLE SERVICES, ANY THIRD-PARTY SITES, OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF UNSTOPPABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
b) Unstoppable will not be responsible or liable to Customer or any of its End Users’ errors or failures related to the Unstoppable Services, including, without limitation, errors or failures caused by: (i) End Users’ failure to follow Unstoppable’s instructions; (ii) End User’s fraud or deceit; (iii) any loss of connection to the Unstoppable Services caused by Customer; (iv) a failure of any software or device used by Customer or End Users; (v) for any other failures related to the Unstoppable Services, including for errors or omissions in connection with this activity, or (vi) any failures or errors on the part of a Verification Provider.
c) Unstoppable makes no representation that the Unstoppable Services, or any Third-Party Site are legal or appropriate for use outside of the United States. Customer is solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States from which Customer may access the Unstoppable Services.
a) Customer agrees to indemnify and hold Unstoppable, its affiliates, licensors, suppliers and sponsors, and each of their directors, officers, employees and agents harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of its or its End User’s: breach of these terms; violation of laws, rules or regulations, including data privacy laws, rules or regulations; violation of any intellectual property right or other rights of another party; misuse of the Unstoppable Services; or decisions made by Customer based on its or its End User’s use of the Unstoppable Services or the Humanity Check Services. The foregoing defense and indemnification obligation will survive these Terms and Customer’s use of the Unstoppable Services, as applicable. Customer acknowledges and agrees that Unstoppable may, at its option, control the defense or settlement of any such claims.
- TERM AND TERMINATION
b) If Unstoppable terminates or suspends Customer’s use of the Unstoppable Services for any reason, Customer is prohibited from using the Unstoppable Services thereafter, even if Customer may be acting on behalf of the third party. In addition to terminating or suspending Customer’s account, Unstoppable reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive remedies.
- GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
- DISPUTE RESOLUTION
a) Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the “Disputes”) brought by either Party, the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
b) Binding Arbitration. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. CUSTOMER UNDERSTANDS THAT WITHOUT THIS PROVISION, CUSTOMER WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Customer’s arbitration fees and Customer’s share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons, unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in San Francisco, CA. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in San Francisco, CA, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms.
In no event shall any Dispute brought by either Party related in any way to the Unstoppable Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
- Restrictions. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
- Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
b) These Terms shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns. Nothing in these Terms shall create or be deemed to create any rights in any person other than the parties hereto, their respective successors and permitted assigns. Customer may not assign any of its rights or delegate any of its duties under these Terms without the prior written consent of Unstoppable (not to be unreasonably withheld, conditioned or delayed). Unstoppable shall have the right to assign or transfer these Terms and its rights, licenses or obligations hereunder. Any assignment or attempted assignment of these Terms not permitted by this Section shall be void.
c) Unstoppable is not responsible nor liable for any delays or failures in performance from any cause beyond its control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third party technology providers, riots, fires, epidemics or pandemics, earthquakes, floods, power blackouts, strikes, weather conditions or acts of hackers, internet service providers or any other third party or acts or omissions of the other party, provided that Unstoppable has previously taken all reasonable steps to prepare for and prevent the effects of a force majeure event and takes all reasonable steps to minimize the effects of the existing force majeure event.
d) There is no joint venture, partnership, employment or agency relationship created between Customer and Unstoppable as a result of these Terms or use of the Unstoppable Services. Customer agrees that these Terms will not be construed against Unstoppable by virtue of having drafted it.
e) No waiver by Unstoppable of any breach or default by Customer under these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default. Any waiver by Unstoppable must be in writing signed by Unstoppable.
For specific questions about these Terms, please contact Unstoppable at firstname.lastname@example.org.
Please contact Unstoppable at:
Unstoppable Domains Inc.