Tatum offers the Platforms and/or Services to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here and by visiting and accessing our Platforms and/or Services, you agree to be bound by the Terms. These Terms of Service apply to all users of the Platforms and/or the Services, including without limitation users who are visitors, browsers and/or customers.
Please read these Terms of Service carefully before accessing or using our Platforms and/or Services. By accessing or using any part of the Platforms, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not use any of our Platforms and/or Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the Platforms and/or Services, shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Platforms and/or the Services. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Platforms and/or Services following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms of Service, to the extent required by the applicable law, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use our Platforms and/or Services.
You may not use our Platforms and/or Services for any illegal or unauthorized purpose nor may you, in the use of the Platforms and/or Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Platforms and/or Services, use of the Platforms and/or Services, or access to the Platforms and/or Services or any contact on the website through which the Platforms and/or Services are provided, without express written permission by us.
You understand that your User Content (as defined below) (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Our Services, as provided via the Dashboard, include the provision of our SDK and/or API to build and develop blockchain applications and perform other activities including monitoring activity on a blockchain address, performing RPC calls to various blockchains, etc. To access our Services, you would need to sign-in to the Dashboard by either creating an account with an email and password or signing in via Google, GitHub, Facebook or LinkedIn. Once you sign in, you will receive an API Key (a unique alphanumeric combination of digits which will enable you to gain access to the Services for use in your applications). Upon receipt of the API Key, you will then be able to use our Services as required. More information on the Services can be found in the API Documentation available at https://docs.tatum.io/ and the API Reference available at https://apidoc.tatum.io (together the “API Materials”).
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for our Services and your API Key, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us at email@example.com .
The Services are not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Tatum to any registration requirement within such jurisdiction or country.
The user may terminate the Account at any time by notifying Tatum of the same and the termination is effective upon its receipt by Tatum or, if applicable, by closing the user’s Account.
We may terminate the Account at any time with immediate effect, in the event of a violation by the Account owner of the provisions of these Terms, or any other legitimate reason that makes it impossible to continue to provide the Services to you.
A) Fees; Payment. You can sign up for paid Services provided by us (“Paid Subscription”). By signing up for a Paid Subscription you agree to pay Tatum, depending upon the type of Paid Subscription chosen by you, the relevant monthly or annual fees indicated at tatum.io/pricing. Payments will be charged in advance on the day you sign up for a Paid Subscription and will cover the use of that Service for a monthly, quarterly or annual subscription period as indicated. Paid Subscription fees are not refundable. Tatum reserves the right to change the payment terms and fees upon prior written notice to you. Paid Subscription may be canceled by you at any time through your account settings page, subject to the terms of this Agreement.
B) Automatic Renewal. Unless you notify Tatum before the end of the applicable subscription period that you want to cancel a Paid Subscription, your subscription will automatically renew and you authorize Tatum and any third-party it might use for processing payments to collect the then-applicable annual or monthly subscription fee for such Paid Subscription (as well as any taxes if applicable) using any credit card or other payment mechanism we have on record for you. If all credit cards we have on file for you are declined for payment of your membership or subscription fees, Tatum may cancel your subscription, as applicable, unless you provide us with a new payment method. If you provide us with a new payment method and are successfully charged before your subscription is canceled, your new subscription period will be based on the original renewal date and not the date of the successful charge.
C) Taxes. All fees for Services (as defined below) are exclusive of taxes, levies, duties or charges imposed by government authorities (collectively, “Taxes”). You shall be solely responsible for all sales, service, value-added, use, excise, consumption and any other Taxes on amounts payable by you for Paid Subscription. Without limiting the foregoing, if you are required to deduct or withhold any Taxes under applicable laws, you shall remit such Taxes in accordance with those applicable laws and all fees payable shall be increased so that Tatum receives an amount equal to the sum it would have received had no withholding or deduction been made. If an applicable tax authority requires Tatum to pay any taxes that should have been payable by you, Tatum will advise you in writing, and you will promptly reimburse Tatum for the amounts paid.
The Platforms and the Services are owned and operated by Tatum. Unless otherwise explicitly specified by Tatum, all materials that are included in or otherwise a part of the Platforms and/or Services, including past, present, and future versions, software, domain names, source and object code, the text, dashboard design, logos, graphics, the API Materials and the “look and feel” of the Platforms and/or Services (collectively, "Tatum Content"), are owned, controlled and licensed by Tatum. Tatum Content is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. Any unauthorized use of Tatum Content is prohibited. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties.
All trademarks, service marks and trade names of Tatum used herein (including but not limited to: the company name, the company corporate logo, the Platforms’ names, the Platforms’ design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of Tatum or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Tatum’s Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Platforms and/or Services, without Tatum’s prior written consent. The use of Tatum’s Marks on any other sites or network computer environment is not allowed. Tatum prohibits the use of Tatum’s Marks as a "hot" link on or to any other sites unless establishment of such a link is approved by Tatum in advance.
Subject to your compliance with these Terms of Service, Tatum hereby grants you a personal, non-exclusive, non-commercial, revocable, non-sublicensable and non-transferable license to access and/or use the Platforms and/or the Services in according with these Terms of Service (the “License”).
Per these Terms of Service, and unless expressly permitted by local law or by Tatum in writing, you represent that you will only use the Platforms and/or Services in accordance with these Terms of Service and you agree not to:
a) use the Platforms and/or Services for any illegal purpose;
b) reverse engineer or copy Tatum Content and Services;
c) use the Platforms and/or Services or any content contained in the Platforms and/or Service for any commercial purposes without our written consent;
d) copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Platforms and/or Services without Tatum’s prior written consent;
e) use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Platforms and/or Services or their contents;
f) use the Platforms and/or Services in any way that could interfere with, disrupt or negatively affect the Platforms and/or Services or the servers or networks connected to the Platforms and/or Services;
g) upload viruses or other malicious code or otherwise compromise the security of the Platforms and/or Services;
h) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Platforms and/or Services;
i) transfer the materials to another person or “frame” or “mirror” any part of the Platforms and/or Services without Tatum’s prior written authorization;
j) use meta tags or code or other devices containing any reference to Tatum Platforms and/or the Service (or any trademark, trade name, service mark, logo or slogan of Tatum) to direct any person to any other website for any purpose;
k) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platforms and/or Service, or cause others to do so;
l) solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
m) use or develop any third-party applications that interact with the Platforms and/or Services or other user’s content or information without our written consent;
n) use, access, or publish the Tatum application programming interface without our written consent;
o) probe, scan or test the vulnerability of our Platforms and/or Services or any system or network.
p) use the materials provided by us for any commercial purpose, or for any public display (commercial or non-commercial);
q) remove any copyright or other proprietary notations from the Platforms and/or Services;
r) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
s) deep-link to any portion of this website (including, without limitation, the rental path for any self-storage related information) for any purpose without our express written permission;
t) use any “page-scrape,” “deep-link,” “spider,” or “robot” or other automatic program, device, algorithm or methodology, or any similar manual process, to access, copy, acquire, or monitor any portion of the Platforms and/or Services or any content; and
u) encourage or promote any activity that violates this Terms of Service.
If Tatum provides you with access to the API Materials, this section will also apply to your use of the API Materials. Subject to these Terms of Service, Tatum hereby grants you a personal, non-exclusive, non-commercial, revocable, non-sublicensable and non-transferable license to access and use the API Materials solely to (i) develop your application at your sole expense and (ii) access the Services using your application. We reserve the right to change, update, enhance, revise, or discontinue the API Materials, at any time. If any such change, update, enhancement, revision, or discontinuation would, in the reasonable determination of Tatum adversely affects your access to or use of the Services, we will use commercially reasonable efforts to provide you advance prior written notice. Tatum’s change, update, enhancement, or revision to or discontinuation of the API Materials may require you to update your application to continue functioning properly with the Services. We will have no liability to you for any changes to the API Materials as described in this paragraph. By accepting these Terms, you agree that you will not - (i) reproduce, distribute, or otherwise make the API Materials available to any third party; (ii) modify, improve, or create any derivative works of the API Materials except as necessary to develop your application for the purposes set forth in these Terms; (iii) introduce into the Services any malicious software or code through your application; (iv) access the Services and/or API Materials in order to build a similar or competitive product; (v) take any of the other prohibited steps listed in the preceding paragraph with respect to the API Materials.
All rights not expressly granted herein are reserved. Where you purchase a subscription or a license to access any Services or Tatum Content, you may not share that subscription or license with others. Tatum may impose reasonable limits on your scope of access to any Services or Tatum Content, including limits on time or number of materials accessed or machines used to access such Services or Tatum Content, to prevent unauthorized third-party access to or use of that Tatum Content.
Tatum may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your Account.
Any software that we provide you, may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
Certain content, products and services available via our Platforms and/or Services may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.
You retain all rights and are solely responsible for the information that you provide to us and all content that you upload, post, deliver, publish, distribute, provide or otherwise link, transmit or store (hereafter “post” or “posting”) in connection with or relating to your use of and/or access to the Platforms and/or Services (“User Content”), and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with User Content. Notwithstanding the above, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, host, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute User Content on the Platforms and/or Services or other third party websites or applications for purposes directly related to operating the Platforms and/or the Services including: providing, improving, promoting, developing, or facilitating the Platforms and/or Services and use of the Platforms and/or Services by you and other users. We reserve the right to access your account in order to respond to your requests for technical support. By uploading User Content, you represent and warrant to us that you have all necessary rights and licenses to do so. Our license to your User Content shall be non-exclusive, except that our license shall be exclusive with respect to derivative works, if any, of the User Content created through use of the Platforms and/or Services. You understand and agree that we may monitor or review any User Content you post as part of a Service. We may delete any User Content, in whole or in part, that in our sole judgment violates these Terms or may harm the reputation of the Platforms and/or Service.In addition to the foregoing, you grant to Tatum, worldwide, perpetual, irrevocable, transferable, sublicensable, and royalty-free license to use and incorporate into the Platforms and/or Services any suggestion, enhancement request, recommendation, correction, or other feedback provided by you to Tatum without compensating you. In consideration for us allowing you to use our Platforms and/or Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Platforms and/or Services.
You agree that we may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any User Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Tatum or any other person.
You represent and warrant to us that the information you provide to us is accurate, including any information submitted through any other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy. User Content should be relevant to the intended use of our Platforms and/or Services.
You understand that even though data transfers on the Platforms and/or and Services are encrypted and we do our best to protect the security of your information and User Content, we cannot guarantee that certain operation of the Platforms and/or Services, including transmission to and by Tatum’s third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Platforms and/or Services will always be properly encrypted. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of User Content. We will have no liability to you for any unauthorized access or use of any of User Content, or any corruption, deletion, destruction or loss of any of User Content.
You agree that your User Content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Platforms and/or Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third-party.
Occasionally there may be information on the Platforms and/or Services that contains typographical errors, inaccuracies or omissions that may relate to the Platforms and/or Services, product descriptions, pricing, promotions, offers, product and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Paid Subscriptions at any time or if any information in the Services or on any related website is inaccurate at any time without prior notice. Our Platforms and/or Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. Any reliance on the material on our Platforms and/or Services is at your own risk.
We undertake no obligation to update, amend or clarify information in the Platforms and/or Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Platforms and/or Services or on any related website, should be taken to indicate that all information in the Platforms and/or Services or on any related website has been modified or updated.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE PLATFORMS AND/OR SERVICES IS AT YOUR SOLE RISK. THE PLATFORMS AND/OR SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORMS AND/OR SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR PLATFORMS AND/OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT, SERVICES OR THE CONTENT OF ANY WEBSITES LINKED TO THE PLATFORM AND/OR SERVICES. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORMS AND/OR SERVICES WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL YOUR ACCESS TO THE PLATFORMS AND/OR SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.
IN NO CASE SHALL TATUM, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY INFORMATION PROCURED USING THE PLATFORMS AND/OR SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PLATFORMS AND/OR SERVICES, INCLUDING, BUT NOT LIMITED TO (I) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, INFORMATION OR SERVICES, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE PLATFORMS AND/OR SERVICES OR ANY CONTENT (OR INFORMATION) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORMS AND/OR SERVICES, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR PLATFORMS AND/OR SERVICES, SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORMS AND/OR SERVICES, AND/OR (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORMS AND/OR SERVICES BY ANY THIRD PARTY, EVEN IF ADVISED OF THEIR POSSIBILITY.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORMS, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR ANY MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF SUCH PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE LESSER OF (I) THE AMOUNTS PAID BY YOU, IF ANY, TO TATUM IN THE PAST SIX MONTHS AND (II) THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify and hold us, our parents, subsidiaries, affiliates, and our respective employees, directors, officers, and agents harmless from any liabilities, claims, expenses or demands, including reasonable attorneys’ fees, arising directly or indirectly out of (i) your misuse of the Platforms and/or Services, (ii) your violation of the laws, rules, and regulations, (iii) your breach of these Terms, (iv) your User Content, (v) your infringement of any intellectual property or other rights of any third party, and (vi) any other matter for which you are responsible for hereunder or under law. You agree that your use of the Platforms and/or Services shall be in compliance with all applicable laws and regulations. The obligations under this section shall survive any termination or expiration of these Terms or your use of the Platforms and/or Services.
(A) OFAC Compliance
The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury's Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not access, download, use or export the Services or any information derived from the Services, in whole or in part, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Services, or any information derived from the Services, in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the Services outside the U.S. Neither the Services or any information derived from the Services or the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, Tatum also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of these Terms of Service or your use of the Services.
(B) INTELLECTUAL PROPERTY INFRINGEMENT AND DMCA COMPLIANCE
Users may not post content or use the Platforms and/or Services for any purpose that infringes on a third party’s intellectual property rights and we may remove any such content, without prior notice to users. Please notify us if you are aware of any intellectual property right infringement by a user of our Platforms and/or Services. In compliance with Section 512 of the Digital Millennium Copyright Act of 1998 (the “DMCA”), we designate the following individual to receive any notifications of an alleged infringement:
InPartners Service s.r.o.
Attention: Jan Brauner
Co reg no: 02267918
627 00 Brno
firstname.lastname@example.org / email@example.com
An effective notification should include:
a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) Identification 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;
c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
e) A statement that the complaining party has 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;
f) 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.
A notification that does not comply with all the above-mentioned requirements may not be valid. If you believe that a notice was wrongly filed against you, under the DMCA, you may file a counter-notice to our designated individual with the following information:
a) Your physical or electronic signature;
b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
c) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
d) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which we are located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification or an agent of such person.
We are responsible for the investigation, defense, settlement and discharge of any intellectual property infringement relating to the Platforms and/or Services. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. Tatum will provide you with notice if your materials have been removed based on a third-party complaint of alleged infringement of the third-party's intellectual property rights.
IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL IS OR IS NOT INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY TATUM, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF RELIANCE UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY. YOU AGREE WE MAY PROVIDE YOUR NOTICE TO THE PROVIDER OF THE ALLEGEDLY INFRINGING MATERIAL.
We may terminate accounts of users who repeatedly and intentionally infringe the intellectual property rights of others. The obligations under this section shall survive any termination or expiration of these Terms or your use of the Platforms and/or Services.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, by closing your Account (if applicable), or when you cease using our Platforms.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Platforms and/or Services (or any part thereof).
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.These Terms of Service, any master subscription agreement and order forms executed with you, and any policies or operating rules posted by us on our Platforms and/or in respect to the Services constitute the entire agreement and understanding between the user and us and govern the user’s use of the Platforms and/or Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the user and us (including, but not limited to, any prior versions of the Terms of Service). In the event of any conflict between these Terms of Service and any master subscription agreement and order forms executed with you, the terms of any such master subscription agreement and applicable order form shall supersede.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by Tatum without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
These Terms and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by you, but may be freely transferred, assigned, or delegated by Tatum.
These Terms of Service and any action related thereto shall be governed and construed in accordance with the laws of the State of Delaware, USA and you irrevocably submit to the exclusive jurisdiction of the courts in the State of Delaware, USA.
Users may submit complaints, in writing, to firstname.lastname@example.org or via the support portal at https://support.tatum.io/support/home. Users must provide a detailed description of the basis of their complaint and their contact information to enable us to respond in a timely and appropriate fashion considering: https://support.tatum.io/support/solutions/articles/80001033310.
By using the Website and/or the Services user consents to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Website and/or Services. These electronic communications are part of user’s relationship with us. User agrees that any notices, agreements, disclosures or other communications that we send the user electronically will satisfy any legal communication requirements, including that such communications be in writing.
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at email@example.com