Stampery Terms of ServiceStampery, Inc.
Effective September, 2016.
Stampery is a service for certifying any data set, file or data digitally. Our mission is to help people and organizations to certify anything easily and in a cost effective way.
The Stampery service and site is operated by Stampery, Inc. (“Stampery”, “we” or “us”), with registered office at 548 Market St #42638, San Francisco, California, 94104-5401. You can contact Stampery at the email address firstname.lastname@example.org.
1. Aceptance of Terms
Stampery owns and operates www.stamp.io and all its subdomains and pages and related applications and extensions for web browsers (all of them, collectively, the “Site”). The following terms and conditions (the “Terms”) govern the access, browsing, download and use of the Site by any user (the “User” or “you”) as well as any service rendered through the Site (the “Service” or the “Services”).
By using or visiting the Site, using the Services, or downloading or using any other applications, features or functionality available on or through the Site or provided by Stampery (e.g. extensions for web browsers), you acknowledge and agree that you have read and agree to and will comply with these Terms. If you do not agree to these Terms, do not access or use the Services or Site. Stampery’s provision of the Site and the Services is expressly conditioned on your agreement to and compliance with all the Terms.
Stampery may modify these Terms at any time upon notice. Stampery may give notice by making the updated Terms available through the Services or by any other reasonable means. You can view the most current version of the Terms at any time in www.stamp.io. The updated Terms are binding on you as of the effective date indicated in the updated Terms. If you do not agree to the updated Terms, you must terminate your account and stop using the Site, Services and Content before the effective date. Your continued use of the Site, Services or Content after the effective date will constitute your acceptance of the updated Terms.
Some Services provided through the Site may be subject to additional or different terms and conditions (“Additional Terms”) and User may be required to indicate its acceptance to the Additional Terms prior to the provision of the relevant Service. You acknowledge and agree that some or all of the Services may be provided or operated by third parties (e.g. the identification or checkout functionality) and that Additional Terms may be imposed by Stampery or by third parties. Additional Terms shall apply in addition to these Terms. In case of any conflict between these Terms and the Additional Terms, the Additional Terms will supersede these Terms. Accordingly by using the Services governed by the Additional Terms, the User acknowledges and agrees that it has read and has agreed to and will comply with the Additional Terms.
2. Ability to Accept the Terms
The Site and the Services are intended for users over 18 years of age only. You represent that you are either more than 18 years of age; fully able and competent to enter into the terms, conditions, obligations, statements, representations, and warranties set forth in these Terms; and will abide by and comply with these Terms. If you are under 18 years of age, then please do not use the Site or Services.
3. Use of the Service
User is only authorized to use the Site and the Services in accordance with these Terms. User agrees to use the Site and the Services in good faith. User agrees not to use the Site or the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, User agrees not to carry out any conduct or action that could damage the image, interests or rights of Stampery or third parties. You are responsible for all of your activity in connection with the Site or the Services.
User shall be responsible of ensuring, prior to using the Services, that the features of the Services meet User’s needs and that User all requirements, equipment and software necessary for and any costs required for the use of the Services.
The rights granted to User under these Terms are personal and shall not be assigned to any third party totally or partially, by any means, without the prior, express written consent from Stampery.
Any commercialization, reselling or similar uses of the Services are not authorized. If you want to commercialize, resell or make further commercial use of the Service, you must enter into a separate agreement with us.
By using the Services, you will provide Stampery with Data Sets (defined below). You are solely responsible for your Data Sets and files and your conduct, the content of the Data Sets and files, and your communications with others while using the Services.
4. User Accounts
To receive the Services, you may be required to register with Stampery and activate your account. To this end, User must provide a valid email address at which User will receive notifications related to the Services. User agrees to provide the mandatory information which is required for registration and also represents and warrants that such information is true, complete and up to date. It is User’s responsibility to keep such information updated. You shall not: (i) select or use as a username a name of another person or attempt to impersonate any person or (ii) use as a username a name that is otherwise offensive, vulgar or obscene.
User must protect and keep confidential User’s account password not disclose it to third parties. You should never publish, distribute or post login information for your account. User must not allow other users access through User’s account. You must notify us immediately of any breach or suspect of breach of security or unauthorized use of your account.
You are solely responsible for the activity that occurs on your account through any device or location and for keeping your account password secure.
You may never use another user´s account or registration information for Stampery. If User suspects that another user is using its account, User must immediately inform Stampery.
Stampery may suspend or cancel the account of User if it believes that User does not comply with any part of these Terms.
The Services provide certificates of proof of ownership, proof of existence and proof of integrity functionalities regarding a data set, file or any data (the “Data Set”). You may use the Services following the relevant instructions in the Site. You may use the Services directly through the Site, through integrations with other services or as otherwise stated in the Site from time to time.
Once you create the certificate for a Data Set, and depending on the functionalities used by you, you may download a file certification with the technical information about the same, which you can use or share at your interest.
After you create the certificate for a Data Set, it is your sole and exclusive responsibility how you use the Data Set. You may reproduce, distribute, use, display and otherwise transmit the Data Set in any electronic media.
In order to effectively prove the contents of the Data Set, it is essential that an unaltered copy of the original exists. Your failure to produce such copy will impede Stampery’s ability to corroborate the contents and integrity of the Data Set. It is your entire responsibility to keep a secure and unaltered copy of the Data Set. Stampery will not be held responsible for not being able to corroborate the Data Set, should you fail to produce an unaltered copy of the Data Set.
It is completely your choice as to how and with whom you share your Data Set. However, anyone with whom you have shared a Data Set is able to verify that you certified that Data Set through the Service.
The legal effects of your certification shall depend on applicable laws and regulations that you rely on.
The Services are offered for free but Stampery reserves the right to charge any fee for part or all the Services at any time.
Stampery may modify, at any time, the Services, offer new Services or cease offering or providing any of the Services.
6. Use Restrictions
In connection with your use of the Site and Services, you may not:
- reverse engineer, decompile, decode or otherwise hack the technology that Stampery uses to create or verify certifications or provide the Services;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- interfere with or, disrupt the Service or the Site or violate the security of the Service or servers or networks connected to Stampery;
- take any action that damages, makes unavailable, imposes or may impose (as determined by Stampery in its sole discretion) an unreasonable or disproportionately large load on the Site or on Stampery’s (or its third party providers’) infrastructure;
- interfere or attempt to interfere with the proper operation of the Site or any activities conducted on the Site;
- bypass any measures Stampery may use to prevent or restrict access to the Site or the Services (or other accounts, computer systems or networks connected or used to operate to the Site);
- use manual or automated software, devices, or other processes to “scrape”, “ crawl” or “spider” the Site or any page of the Site, or any other mechanism, mobile application, program or tool to access, copy or control any part of the Site or the Services in anyway which is contrary to the ordinary and personal use of the Site without the express prior authorization from Stampery;
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site or the Services, except to the limited extent applicable laws specifically prohibit such restriction;
- copy, rent, lease, distribute, download, reproduce, transmit, broadcast, display, sell, license, exploit or otherwise transfer the Site or Services including any content in any manner not intended by the normal functionality of the Site or otherwise as prohibited under these Terms; or
- collect or harvest any personally identifiable information, including account usernames, photos, or profile descriptions, from the Site.
You acknowledge that we shall have the right to terminate your access to the Site or the Services for violations or any suspected violation of any of these Terms, at any time, with or without notice, effective immediately.
If you wish to terminate your account, you may do so by following the instructions on the Site.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions (Section 8), warranty disclaimers (Section 9), indemnifications (Section 11) and limitations of liability (Section 10).
8. Intellectual Property
The Services, the Site, its design and source code and all Site materials including, without limitation, the Stampery logos, trademarks, designs, text, graphics, images, audio and video clips, software, interactive features and other works of authorship and other material, and the selection and arrangement thereof (the “Content”) are copyrighted by Stampery or its licensors and are protected by U.S. and international intellectual property laws and treaties.
User is only authorized to access and use the Site and the Services to enable you to use and enjoy the benefit of the Services as provided by Stampery and permitted by these Terms. Except when specifically authorized, User is not allowed to reproduce, transform, make any derivative work, distribute, make available, communicate to third parties, extract, reutilize and/or use the Site, the Services or any of the Content.
Stampery makes no claims that the Site, the Services or the Content may be lawfully viewed or downloaded. Access to the Content may not be legal by certain persons or in certain countries.
9. Warranty Disclaimer
User acknowledges and agrees that uses the Site and the Services at User’s own risk and under User’s responsibility and therefore Stampery does not accept any responsibility for misuse or use in breach of these Terms.
If you access the Site or Services, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are void where these Terms are prohibited by law. You are not permitted to access the Site or Services from any jurisdiction where these Terms or your access or use of the Services is illegal or violates the law.
Stampery has no special relationship with or fiduciary duty to you. You acknowledge that Stampery has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content users access or Services are used via the Site; what effects the Services may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Services. Stampery makes no representations concerning any Content contained in or accessed or any Services offered or provided through the Site.
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, SERVICES, AND CONTENT ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. STAMPERY, SUPPLIERS, AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, STAMPERY, ITS SUPPLIERS, AND LICENSORS MAKE NO WARRANTY THAT THE SITE, SERVICES, AND CONTENT: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (D) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED. THE SERVICES AND ALL CONTENT YOU DOWNLOAD OR OBTAIN THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM.
As way of example and without limitation, Stampery shall not be liable for any damages that may result from:
- Interruptions, bugs, viruses, Trojan horses or the like, technical problems, interferences, omissions, unavailability, power outages, failure of the telecommunication networks or User’s equipment(s) which are not Stampery’s responsibility.
- Delays or unavailability of the Sites and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.
- Third party actions.
- Any unavailability of the Site and the Services.
- Unauthorized access to or use of Stampery’s servers or any information stored therein.
- Any other event beyond Stampery’s control.
STAMPERY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, OR THE SERVICES, OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND STAMPERY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF 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.
Regarding User’s Data Set, Stampery acts exclusively as a provider of a service consisting in allowing Users to certify User’s Data Set through the Site and the Services. Liability for the certifying User’s Data Set or any other information, data, text, software, sound files, pictures, graphics, videos, news or other materials, lies exclusively in User who certifies the relevant Data Set or items, except in the specific circumstances provided by applicable law.
10. Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STAMPERY, SUPPLIER OR LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE SITE, SERVICES, OR CONTENT, EVEN IF STAMPERY OR ANY SUPPLIER, OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCLUSIVE REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED ABOVE, STAMPERY AND ITS SUPPLIERS’ AND LICENSORS’ MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE SITE, SERVICES, AND CONTENT, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT WILL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE SERVICES UP TO THE GREATER OF U.S. $5.00 OR THE AMOUNTS YOU PAID TO STAMPERY FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS, THE SITE, SERVICES, OR CONTENT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES WHICH WILL BE YOUR SOLE AND EXCLUSIVE REMEDY.
The exclusion of damages above is independent of your exclusive remedy above and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability above apply without regard to whether loss, liability, or damage arises from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
Some jurisdictions do not allow the exclusion or limitation of damages (including incidental or consequential), loss, or liability from intentional acts (including fraud, fraudulent misrepresentation, and failure to disclose defects), product liability, or for death or personal injury. Nothing in the above sections will be interpreted as excluding liability which cannot under applicable law be excluded in those jurisdictions. If you reside, or are otherwise subject to the laws in one of those jurisdictions, any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law and, if limitation is not permitted, the limitations and exclusions in this section may not apply to you.
You agree to defend, indemnify and hold harmless Stampery, its officers, directors, employees, agents, affiliates, parents and subsidiaries from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site, Services, or Content; (ii) your violation of any term of these Terms; (iii) your violation of any applicable law or third party right, including, without limitation, any copyright, property, or privacy right; or (iv) any claim that you caused damage to a third party through use of the Site or the Services. This defense and indemnification obligation will survive these Terms and your use of the Site and the Service. Stampery reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Stampery in asserting any available defenses.
12. Changes In the Site or the Services
We may change, suspend or discontinue the Services (including, without limitation, the availability of any feature or content), modify the content of the Site or deactivate and delete all or some of the accounts, at any time and without incurring in any responsibility towards User, with or without prior notice to you. We may also impose limits on certain features and Services or restrict your access to parts or all of the Site or the Services without notice or liability.
13. Agreement To Arbitrate; Class Action Waiver; And Location Of Dispute Resolution.
You and Stampery each agree that all claims, controversies, and disputes between you and Stampery, including those arising out of or related to the Site and Services, your account, or these Terms (each a “Dispute” and collectively the “Disputes”), will be resolved by binding arbitration by a single neutral arbitrator, provided, however, you and Stampery are not precluded from asserting in small claims court any Dispute that is eligible to be brought in small claims court. BY AGREEING, YOU ACKNOWLEDGE THAT YOU AND Stampery ARE EACH AGREEING TO FOREGO THE ABILITY TO PURSUE DISPUTES IN COURT, OTHER THAN SMALL CLAIMS COURT, INCLUDING THE ABILITY TO HAVE A JURY DECIDE DISPUTES. Unless you and Stampery otherwise agree, JAMS will arbitrate all disputes and JAMS rules will apply. You and Stampery each agree to only pursue Disputes on an individual basis and will not pursue Disputes, whether in arbitration or otherwise, on a class, consolidated, or representative basis, regardless of the application of procedural rules. BY AGREEING, YOU ACKNOWLEDGE THAT YOU AND STAMPERY ARE EACH AGREEING TO FOREGO THE ABILITY TO PROCEED IN CLASS ACTIONS, CONSOLIDATED ACTIONS, OR REPRESENTATIVE ACTIONS, EITHER AS A REPRESENTATIVE OF OR MEMBER OF A CLASS. Notwithstanding any JAMS rule to the contrary, or any other provision in arbitration rules chosen by agreement to govern the arbitration, you and Stampery each agree that any challenges to the validity or enforceability of the class action waiver in this Section will be decided by a federal court or a court of competent jurisdiction, and not by an arbitrator. If any court or arbitrator holds that the class action waiver in this Section is unenforceable, then the Dispute must be brought in a state or federal court, and not in arbitration. You and Stampery each agree that the location of the arbitration or court where the Dispute will be resolved will be the largest city in your state within 100 miles of where you live if you are an individual or, if you are a company User, where you are headquartered. You and Stampery each also agree that for arbitrated Disputes, the arbitrator’s award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. An arbitrator may award, on an individual basis, any relief authorized by law, including injunctive or declaratory relief and reasonable attorneys' fees. You and Stampery each are responsible for your or its respective costs relating to the arbitration, except that Stampery will pay all arbitration administrative or filing fees, including the arbitrator fees (other than arbitrator fees up to the amount of the then-applicable fee for filing a civil action in federal court in the judicial district where you live in any Dispute where you assert a claim against Stampery, unless You demonstrate to the arbitrator that You would be entitled to file that civil action in federal court without payment of the then-applicable fee). To begin arbitration, you must send a letter requesting arbitration and describing your Dispute to Stampery Inc., 548 Market St #42638, San Francisco, California, 94104-5401. You may opt-out of the agreement to arbitrate in this Section by mailing Stampery written notice of your election to opt-out at Stampery Inc., 548 Market St #42638, San Francisco, California, 94104-5401 within 45 days of using the Site or Services, expressly indicating that you are opting out of the agreement to arbitrate in this Section and including your name and address, provided that the election will not be effective until it is received by Stampery. Your election to opt-out of the agreement to arbitrate in this Section will not otherwise affect your rights and obligations under these Terms. You and Stampery each also agree that these Terms affect interstate commerce, so the Federal Arbitration Act, not state law, applies including with respect to any question of whether a Dispute is subject to arbitration (despite the choice of governing law stated below in the Section titled “General”).
These Terms shall be governed by the laws of New York, without respect to its conflict of laws principles. These Terms shall constitute the entire agreement between you and Stampery with respect to the Services and the use of the Site and supersede and replace any prior agreements, terms and conditions applicable to the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Stampery’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Stampery in any respect whatsoever. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you. Stampery may assign, transfer or delegate any of its rights and obligations under these Terms without restriction.