ONLINE USER AGREEMENT
PLEASE READ THE FOLLOWING TERMS CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. BY CLICKING ON THE “ACCEPT” BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “DO NOT ACCEPT” BUTTON AND LEAVE THE WEBSITE.
THE TERMS “YOU,” “YOUR (S)” AND “USER,” ARE USED INTERCHANGEABLY.
THESE TERMS CONSTITUTE AN Agreement by and between YOU and Standard Service Inc. ("us", "we", or "our"), A Wyoming CORPORATION which owns The CRYPTO & COFFEE WEBSITE and THE Dockerfile Subscriptions, WalletNode Subscriptions and the Crypto and Coffee hosted mining platform (all THE “SERVICES”).
STANDARD SERVICE INC. PROVIDES THE SERVICES PURSUANT TO THESE TERMS.
BY CLICKING ON THE ACCEPT BUTTON AND EXECUTING AN ORDER THAT REFERENCES THESE TERMS, OR EXECUTING ANY OTHER ORDERING DOCUMENT, WEB-BASED ORDERING MECHANISM OR REGISTRATION PROCESS (EACH AN “ORDER”), YOU UNCONDITIONALLY ACCEPT AND AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, AND ITS AFFILIATES, TO THIS AGREEMENT, IN WHICH CASE THE TERM “USER” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THE TERMS AND MAY NOT USE THE SERVICES. STANDARD SERVICE INC. AND USER MAY BE REFERRED TO HEREIN INDIVIDUALLY AS A “PARTY” OR COLLECTIVELY AS “PARTIES”.
users who violate these terms may have their access and use of the services suspended or terminated, at OUR sole discretion.
1. Scope of Services
We offer a variety of Services to enable you to discover the world of mining, including: 1) Dockerfile Subscriptions, which are subscriptions to self-contained mining software for the Do it Yourself miner which can be used on larger scale mines; 2) WalletNode Subscriptions, which are easily deployable self-hosted crypto currency wallets to hold, receive, and send funds and 3) our hosted Mining Platform (Crypto and Coffee), where you buy a pre-built remotely hosted crypto mine, including related hardware, which in some instances includes a thirty (30) day free trial. With the use of the Crypto and Coffee hosted Mining Platform, you are purchasing a subscription to dedicated gpu hardware rental along with mining control software.
Each of the Services have different pricing and features, and you can chose to subscribe to one, two or all three of our Services.
This Agreement applies (a) to the evaluation of the hosted Mining Platform (Crypto and Coffee) and related hardware, as applicable, which is without charge, and (b) to the continued use of the Mining Platform and hardware after executing an Order. “Evaluation Period” means the evaluation license period, commencing upon date of Your request, that is granted by Us for the sole purpose of evaluation and testing of the hosted Mining Platform and related hardware.
EVALUATION LICENSE (Crypto and Coffee) TERMS & CONDITIONS
Right to Use. Subject to the terms of this Agreement, Standard Service, Inc. grants You during the thirty-day term of the Evaluation Period a nonexclusive, nontransferable license, without right of sublicense, to use the hosted Mining Platform (Crypto and Coffee) and the related hardware, only for internal evaluation and testing by You.
Terms & Conditions. During the Evaluation Period, all terms and conditions of this Agreement shall be applicable to Your use of the our hosted Mining Platform, with the exception of Sections 3 and 5 of this Agreement, which shall apply to Your use of our hosted Mining Platform after expiration of the Evaluation Period, and Your submission of an Order and any required payment, as applicable. The term of this Evaluation license will commence upon date of User request and continue for the length of the thirty-day Evaluation Period, unless earlier terminated in accordance with Section 6 of this Agreement.
No Rights Upon Termination of the Evaluation Period.
GRANT OF LICENSE
3.1 Subject to the terms and conditions set forth herein, Standard Service Inc. grants you a limited, revocable, nonexclusive license to use the Site and subscription-based Service(s) solely for your own personal purposes only and not for republication, distribution, assignment, sublicense, sale, commercial use, preparation of derivative works, or other use. You agree not to copy the Site or applicable Service, reverse engineer or break into the Site or Services, or use materials, content or Services in violation of any law. Any use of the Site or Service(s) or the materials contained therein, other than as specifically authorized in this Agreement, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring to you, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site or Service(s) at any time and to block or prevent your future access to and use of, the Site.
3.2 License Restrictions. You shall not use the Service(s) for any purpose other than the purposes expressly set forth herein without Standard Service Inc.’s prior written consent. Except as expressly set forth herein, You may not (a) copy, rent, lease, sell, transfer, assign, disassemble, reverse engineer or decompile (except to the limited extent such restrictions are expressly prohibited by applicable statutory law), modify or alter any part of the Service(s), (b) use the Standard Service Inc. Service(s) on behalf of any unauthorized third party, or (c) use the Service(s) in order to build a competitive product.
3.3 Hardware. You may from time to time provide suggestions, comments for enhancements or functionality or other feedback (“Feedback”) to Omnivore with respect to the Omnivore Property. Omnivore shall have full discretion to determine whether or not to proceed with the development of the requested enhancements, new features or functionality. You hereby grant to Omnivore a royalty free, fully paid up, worldwide, transferable, sublicenseable, irrevocable, perpetual license to (a) copy, distribute, transmit, display, perform, and create derivative works of the Feedback, and (b) use the Feedback and/or any subject matter thereof, including without limitation, the right to develop, manufacture, have manufactured, market, promote, sell, have sold, offer for sale, have offered for sale, import, have imported, rent, provide and/or lease products or services which practice or embody, or are configured for use in practicing, the Feedback and/or any subject matter of the Feedback.
OWNERSHIP; RESERVATION OF RIGHTS
You acknowledge and agree that, as between the Parties, Standard Service Inc. retains all right, title and interest in and to the Services, including any copies thereof, by whoever produced and all intellectual property rights therein and thereto. Crypto and Coffee and its original content, features and functionality (hereinafter “Content”) are and will remain the exclusive copyrighted and trademarked intellectual property of Standard Service Inc. Standard Service Inc. grants no, and reserves any and all rights other than the rights expressly granted to You under this Agreement, with respect to the Services. You shall acquire no right, title, or interest in and to the Services or any intellectual property therein or any copies thereof (by whoever produced) other than the limited licensed rights expressly granted under this Agreement. You will not remove, obscure, or alter any intellectual property rights notices relating to the Services. No rights or title to any of the Content contained on the Site or Services shall be considered transferred or assigned to the user. Trademarks, service marks, logos, and copyrighted works appearing in the Site and Services are the property of Standard Service Inc., which retains all rights with respect to any of the intellectual property appearing in the Site.
FEES; PAYMENT TERMS
Fees Generally. User will pay to Standard Service Inc. the monthly subscription Fees on a monthly basis as set forth on the applicable Order Form in accordance with the terms and conditions set forth herein. Fees paid are non-refundable.
The Crypto Mines Subscription Fees (includes rental of related hardware) and any related Sign Up Fee (as applicable) varies, depending on the chosen package, and will be as set form on Your specific Order Form.
Payment Terms. You are responsible for providing complete and accurate billing and contact information to Standard Service Inc. and notifying Us of any changes to such information. If any amounts invoiced hereunder are not received by Us by the due date, then at Our discretion such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. If any past due payment has not been received by Us within thirty (30) days from the time such payment is due, We may suspend access to the Service(s) until such payment is made.
1.15.3 Net of Taxes. All amounts payable by You to Standard Service Inc. are exclusive of any sales, use and other taxes or duties, however designated, including without limitation, withholding taxes, royalties, know-how payments, customs, privilege, excise, sales, use, value‑added and property taxes (collectively “Taxes”). User shall be solely responsible for payment of any Taxes, except for those taxes based on the income of Standard Service Inc.
Termination. This Agreement will continue in effect for the duration of the time the Service(s) is being used by You. You may terminate this Agreement by simply discontinuing using the Service(s) and ceasing to subscribe to the Service(s). We may terminate or suspend Your account immediately, without prior notice or liability, if you breach this Agreement. Upon termination, Your right to use the Service(s) will immediately cease.
Effect of Termination. In the event that this Agreement is terminated for any reason, all license rights with respect to the Service(s) shall immediately terminate, and You shall (a) cease use of the Service(s) and (b) (c) pay to Standard Service Inc. all amounts due and owing under this Agreement, if any.
1.26.3 Survival. Upon termination of this Agreement, all obligations in this Agreement shall terminate, provided that Sections 3.2 (License Restrictions), 4 (Ownership; Reservation of Rights), 6 (Termination), 7 (Confidentiality), 8 (Disclosure Under The Law), 9 (Disclaimer of Warranties), 10 (Limitation of Liability)and 11 (General) shall survive.
You acknowledge that the existence of this Agreement, the terms and conditions hereof, the transactions contemplated hereby and other information, including, without limitation, customer, technical and financial information that you have received or will receive in connection with this Agreement, is considered private and confidential (the “Confidential Information”). You will use reasonable diligence and in no event less than reasonable care to prevent the unauthorized disclosure, reproduction or distribution of such Confidential Information to any other individual, corporation or entity. You may only use the Confidential Information for the purpose of performing your obligations and exercising your rights hereunder and are prohibited from disclosing otherwise making the Confidential Information available to other persons in violation of this Agreement.
8. Disclosure Under Law
We Will provide the ServiceS Only in accordance with Applicable domestic laws and government regulations. WE reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY STANDARD SERVICE, INC. DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER STANDARD SERVICE INC. OR LAW ENFORCEMENT AUTHORITIES.
9. Disclaimer of Warranties. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER, THE SERVICES AND SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”; AND STANDARD SERVICE INC. MAKES NO, AND DISCLAIMS ALL, WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES OR THE SITE PROVIDED PURSUANT TO THIS AGREEMENT, WHETHER SUCH WARRANTIES AND REPRESENTATIONS ARE EXPRESS OR IMPLIED IN FACT OR BY OPERATION OF LAW, OR OTHERWISE; INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE, FREE FROM LOSS, CORRUPTION, ATTACK, ERRORS, VIRUSES, HACKING, OR OTHER SECURITY INTRUSION AND STANDARD SERVICE INC. DISCLAIMS LIABILITY THEREFORE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR THE SERVICES. IN ADDITION, STANDARD SERVICE INC. MAKES NO REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY WEBSITE OPERATED BY A THIRD PARTY.
STANDARD SERVICE INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. STANDARD SERVICE INC. MAKES NO WARRANTIES THAT YOUR USE OF THE SITE OR SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS.
10. Limitation of Liability And Disclaimer
STANDARD SERVICE INC., ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND MEMBERS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF STANDARD SERVICE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF STANDARD SERVICE INC. AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO STANDARD SERVICE INC. FOR THE SERVICES OUT OF WHICH LIABILITY AROSE. YOU AGREE THAT THE LIMITATIONS IN THIS SECTION 10.0 ARE ESSENTIAL ELEMENTS OF THE AGREEMENT BETWEEN THE PARTIES AND THAT IN THE ABSENCE OF SUCH LIMITATIONS, THE PRICING AND TERMS WOULD BE SUBSTANTIALLY DIFFERENT.
11.1 This Agreement shall be governed and construed in accordance with the internal substantive laws of the State of California, without regard to its conflict of law provisions. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within San Francisco County, CA.
11.2 Standard Service Inc. makes no claims or representations that the Site and and/or Services may be lawfully viewed or accessed outside of the United States. Access may not be legal by certain persons or in certain countries. You access the Site and use the Services at your own risk and are responsible for compliance with the laws of your jurisdiction. Any software downloaded from the Site is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using Our software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.
11.3 If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall be unaffected. Each provision of this Agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of remedies is severable from and independent of any other provision.
11.4 The parties to this Agreement are independent contractors. There is no relationship of agency, partnership, joint venture, employment or franchise between the parties. Neither party will have, and will not represent that it has, any power, right or authority to bind the other party, or to assume or create any obligation or responsibility, express or implied, on behalf of the other party or in the other party’s name.
11.5 This Agreement is for the benefit of the parties hereto and is not intended to confer any rights or benefits on any third party, including any employee, shareholder or client of either party hereto, and no other person or entity shall have or acquire any right by virtue of this Agreement.