The following definitions and rules of interpretation apply in this agreement.
Company, we, us, or our means General Blockchain, Inc. a company registered in Delaware, USA. Our registered office is at 553 Jackson Street, San Jose, CA-95112, USA, our company registration number is 3812333 and our registered employer identification number is EIN 81-1737557.
Websites means, but is not limited too, our websites
Apps, or Mobile Apps, means, but is not limited too, our iOS and Android mobile applications.
Platform means, but is not limited too, our websites data.microwork.io and console.datasetstudio.com.
Product means, but is not limited too, our machine learning datasets.
Services means, but is not limited too, our data collection services, image annotation services, consultancy services, machine learning model development services and our application development services.
Please read these Terms of Service carefully before using our Websites, Apps, Platform, Products or Services which govern your use of our Websites, Apps, Platform, Products and Services, except where we expressly state that separate terms (and not these) apply.
By using our Websites, Apps, Platform, Products and Services you agree that you are bound by these Terms of Service, without modification, and all our terms and conditions and all other guidelines referenced herein; that you are at least 18 years of old and capable of entering into legally binding contracts; You have the authority to enter this agreement on behalf of yourself or the entity you represent; and You will not abuse the Websites, Apps, Platform, Products and Services or misrepresent your identity to us, (collectively, the "Agreement").
IF YOU DO NOT AGREE TO THESE TERMS OF THIS AGREEMENT, DO NOT USE OUR WEBSITES, APPS, PLATFORM, PRODUCTS OR SERVICES. DO NOT DOWNLOAD OR INSTALL OUR MOBILE APPS. IF YOU ARE USING ANY OF OUR WEBSITES, APPS, PLATFORM, PRODUCTS OR SERVICES YOU MUST STOP USING THEM AND DELETE ANY INSTALLED APPS OR DATA IMMEDIATELY.
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. For example, California's "Shine the Light" law (Civil Code Section 1798.83) permits users of our Websites and Mobile Apps that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint or to receive further information. You may have additional rights under the California Consumer Privacy Act of 2018 (CCPA), such as the right to know what personal information is collected about you, the right to request that certain information be corrected or deleted, the right to opt out of the sale of your information (note, the Company does not sell your information), and the right not to be discriminated against. To make any requests pursuant to your California rights, please contact us in writing or by email using our Contact Information below.
To use our Websites, Apps, Platform, Products and Services you must be at least 18 years old and capable of entering into legally binding contracts. Our Websites, Apps, Platform, Products and Services are available to the U.S. and international users except where prohibited by the U.S. or local governing law.
The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 18; if you are a child under 18, please do not attempt to register for the Site or send any personal information about yourself to us. If we learn we have collected personal information from a child under 18, we will delete that information as quickly as possible. If you believe that a child under 18 may have provided us personal information, please contact us at firstname.lastname@example.org.
You agree to provide us with true, accurate and complete information as requested in our registration process. You also agree to update such information promptly as necessary to keep it current and accurate.
You alone are responsible for monitoring, ensuring and maintaining the security of your account, and any authentication keys associated with your account, and you are responsible for any use of or action is taken through the use of that information on our Websites, Apps, Platform, Products and Services. You agree that you will not share your account with anyone.
You must notify us immediately if you suspect that your account information has been stolen or used by someone else, or any other breach of security
COMPANY IS NOT LIABLE FOR ANY ACTS OR OMISSIONS BY YOU, INCLUDING ANY DAMAGES OF ANY KIND INCURRED AS A RESULT OF SUCH ACTS OR OMISSIONS.
-We retain all right, title and interest in all of our intellectual property, including inventions, discoveries, processes, marks, methods, compositions, formulae, techniques, information, source code, brand names, graphics, user interface design, text, logos, button icons, images, audio clips, information, digital downloads, data compilations and data pertaining to the Websites, Apps, Platform, Products and Services (hereinafter: “Our IP”), whether or not patentable, copyrightable or protectable in trademark, and any trademarks, copyrights or patents based thereon. You may not use any of our Our IP for any reason, except with our express, prior, written consent.
All Our IP is the property of Company and is protected by copyright, trademark and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto
This Agreement shall not be understood and interpreted in a way that they would mean assignment of intellectual property rights, unless it is explicitly defined so in this Agreement.
You will not modify, duplicate, copy, publish, transmit, reverse engineer, participate in the transfer, licensing, sub-licensing, sale or resale, create derivative works, or in any way exploit any of Our IP, in whole or in part, found on the Websites, Apps, Platform, Products and Services.
Our IP is not for resale. Your use of Our IP does not entitle you to make any unauthorized use of any of Our IP, and in particular you will not delete or alter any proprietary rights or attribution notices in Our IP. You will use Our IP solely for your personal use, and will make no other use of Our IP without the express written permission of Company and the copyright owner. You agree that you do not acquire any ownership rights in any of Our IP. We do not grant you any licenses, express or implied, to the intellectual property of Company except as expressly authorized by this Agreement.
You will not use any device, software, or routine that interferes with the proper working of the Websites, Apps, Platform, Products and Services or introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, and you will not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Websites, Apps, Platform, Products and Services or any server, computer, or database connected to the Websites, Apps, Platform, Products and Services.
You will not attack the Websites, Apps, Platform, Products and Services via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Websites, Apps, Platform, Products and Services.
You agree not to use the Websites, Apps, Platform, Products and Services:
- To provide any false information while using the Websites, Apps, Platform, Products and Services, including without limitation impersonating any other person or organization in your account, or falsely stating or otherwise misrepresenting yourself or your affiliation with any other person or organization in your account.
- To access or attempt to access the Websites, Apps, Platform, Products and Services through any proxy web server or other device designed to obfuscate your actual location or identity or by any means other than the interface provided.
- To use the Websites, Apps, Platform, Products and Services for any illegal activity, or for any purpose other than the purpose for which it was made available.
- To engage in activity that interferes with or disrupts the functioning of the Websites, Apps, Platform, Products and Services.
- To insert, upload, or attach malicious or unknown external links or files, or upload any content that contains a virus, trojan horse, worm, time bomb, or other harmful computer code.
- To upload any material subject to copyright that is not your original work, unless you have permission from the rightful owner to post such content.
- To engage in spamming or post any kind of publicity, attempt to get referrals, mass communication; money offers or requests, solicitation of services, advertising, marketing, nonsense messages, duplicated topics, illegal content, social website links, e-mail addresses, or instant messenger IDs.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- In any manner that could disable, overburden, damage, or impair the Websites, Apps, Platform, Products and Services or interfere with any other party's use of the Websites, Apps, Platform, Products and Services including their ability to engage in real time activities through the Websites, Apps, Platform, Products and Services.
- To otherwise, engage in any malicious or fraudulent activity.
You are solely responsible for the data provided by you to the Websites, Apps, Platform, Products and Services, including its accuracy and security. In the event Company becomes aware of a security breach, including the unauthorized access of your data, utilizing the Websites, Apps, Platform, Products and Services which is not deemed to be a breach initiating with you, then Company will provide notice to you of such a breach within the applicable time period after becoming aware of such breach. Such notice will be provided by e-mail to the contact information placed on file with Company, or otherwise in accordance with applicable law. Company is not responsible for any damages relating to the improper utilization of data or breach of security provisions.
If You actively submit personal information to Company, Company shall use commercially reasonable efforts to safeguard and protect such information and to use such information only for the purposes intended; however, YOU ACKNOWLEDGE THAT THE SUBMISSION OF PERSONAL INFORMATION IS AT YOUR RISK AND THAT YOU WAIVE ALL WARRANTIES AND LIMITS ALL LIABILITY ASSOCIATED WITH SUCH INFORMATION TO THE FULLEST EXTENT PERMITTED UNDER THE LAW.
If you choose to create an account on the Websites, Apps, Platform, Products and Services, you agree to the following:
You will honor any payment obligations and you consent to us storing your payment information. You understand that there may be fees and taxes that are added to our prices.
Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
You alone are responsible for complying with international, federal, state, provincial, and local laws in connection with your use of our Websites, Apps, Platform, Products and Services. You agree to indemnify and hold us harmless for any claims against us because you failed to comply with any law or violated any third party rights.
You are prohibited from uploading to the Websites, Apps, Platform, Products and Services any content which is considered to be protected health information (PHI) under the Health Insurance Portability and Accountability Act of 1996 and subsequent amendments (HIPAA). You are solely responsible for any violation of this provision. In addition to and without limiting any other indemnification rights under this Agreement, should any content violate HIPAA, and a third-party claim be asserted against Company, You shall be obligated to indemnify and hold Company harmless as set forth above in the Indemnification clause of this Agreement.
You agree to defend, indemnify and hold Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from any claims, liabilities, damages, demands, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys' fees, arising out of or relating to your violation of this Agreement, your violation of any law or the rights of any third party, and/or your use of the Websites, Apps, Platform, Products and Services other than as expressly authorized in this Agreement or your use of any information obtained from the Websites, Apps, Platform, Products and Services.
Company has not reviewed, and cannot review, all of the material posted to the Websites, Apps, Platform, Products and Services by users, and Company cannot therefore be responsible for that material's content, use or effects. By operating the Websites, Apps, Platform, Products and Services, Company does not represent or imply that it endorses the material posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from Technologically Harmful Content. The Websites, Apps, Platform, Products and Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Websites, Apps, Platform, Products and Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. COMPANY DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM THE USE BY VISITORS/USERS OF THE WEBSITES, APPS, PLATFORM, PRODUCTS AND SERVICES, OR FROM ANY DOWNLOADING BY THOSE VISITORS/USERS OF CONTENT THERE POSTED.
These Terms and your access to and use of the Websites, Apps, Platform, Products and Services will be governed by the laws of the State of California, U.S.A., without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court shall be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in San Jose County, California.
OUR WEBSITES, APPS, PLATFORM, PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES, IMPLIED OR EXPRESS, ABOUT ACCESSIBILITY, FITNESS, LAWFULNESS, AVAILABILITY, OR FUNCTIONALITY OF OUR WEBSITES, APPS, PLATFORM, PRODUCTS AND SERVICES, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST COMPANY CONCERNING ANY DEFECTS, NON-CONFORMANCES, OR DISSATISFACTION IS TO CEASE USE OF OUR WEBSITES.
We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Websites, Apps, Platform, Products and Services. Scheduled and unscheduled interruptions may occur, and we do not warrant uninterrupted availability of our Websites, Apps, Platform, Products and Services.
IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR INDIRECT COSTS OR DAMAGES, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION OR PROFIT.
YOU AGREE THAT ANY CAUSE OF ACTION THAT MAY ARISE, RESULT, OR OCCUR AS A RESULT OF YOUR USE OF THE WEBSITES, APPS, PLATFORM, PRODUCTS AND SERVICES, OR FROM ENTERING INTO THIS AGREEMENT, MUST BE COMMENCED NOT LONGER THAN ONE (1) YEAR FROM THE DATE SUCH CAUSE OF ACTION ACCRUES, OTHERWISE YOU WAIVE ALL RIGHT TO BRING SUCH CAUSE OF ACTION AND SUCH ACTION IS FOREVER BARRED AND DISCHARGED.
THESE LIMITATIONS SHALL APPLY TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
Company reserves the right to amend this Agreement at any time, by posting on the Websites, Apps, Platform, Products and Services said amended Agreement, Your use and continued use of the Websites, Apps, Platform, Products and Services is deemed an agreement to be bound by any such Amendment(s).
Our Websites, Apps, Platform, Products and Services may contain links to third-party websites. We do not control, investigate, monitor, or check such websites. We are not responsible for nor do we endorse the data, computer programs, content, or opinions contained on such websites. If you decide to leave our Websites, Apps, Platform, Products and Services and access any third-party website, you do so at your own risk.
You agree that your rights and obligations under this Agreement may not be transferred, assigned, licensed, or otherwise alienated without the express written permission of Company, wherein said permission may be denied for any reason.
We may, in our sole discretion, terminate this Agreement, suspend access to our Websites, Apps, Platform, Products and Services immediately without notice for any reason. If you wish to terminate this Agreement you may cease using our Websites, Apps, Platform, Products and Services, provided that you must abide by all applicable terms and policies.
All provisions of this Agreement shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Headings of sections and bolded text are for convenience only and shall not be used to limit or construe such sections.
No failure to enforce nor delay in enforcing, on our side to the Terms, any right or legal remedy shall function as a waiver thereof, nor shall any individual or partial exercise of any right or legal remedy prevent any further or other enforcement of these rights or legal remedies or the enforcement of any other rights or legal remedies.
You can contact us by writing to us at email@example.com or use any other communication channel, which we use such as Discord.
You may opt-out of receiving any Company communications at any time by following the opt-out instructions in any such communication you have received and would like to opt-out of.