Terms of Service
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Last Updated: April 18, 2019
These Terms of Service (the “Agreement”) constitute a binding contract between you, as an individual user of the website, and Octane AI, Inc., the owner of the website. Throughout these Terms of Service, we will refer to you as “you” and we will refer to Octane AI, Inc. and its affiliates and subsidiaries as “we”, “us”, or “Octane”, and we will refer to www.octane.ai as the “Website”. These Terms of Service govern your use of the Website and any mobile applications or other Internet services under Octane’s control and used to provide Octane’s services to you (the Website and such Internet services are, collectively, termed the “Service”). BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE AGREEMENT. IF YOU DO NOT AGREE, THEN YOU MAY NOT USE THE SERVICE.1. Summary of material Terms
As provided in greater detail in the Agreement (and without limiting the express language of the Agreement), you acknowledge the following:
- a. the Service is licensed, not sold to you, and you may use the Service only as set forth in the Agreement;
- b. the use of the Service may be subject to separate third party terms of service and fees, which are your sole responsibility;
- d. the Service is provided “as is” without warranties of any kind and Octane’s liability to you is limited; and
- e. disputes arising out of or relating to the Agreement (including, without limitation, its formation, performance or breach) will be resolved by binding arbitration.
- a. The Service. The Service is a platform that enables its Members (as defined below) to create chatbots, send SMS messages, and make use of other services as offered by us from time to time
- c. Third Party Fees and Terms. Your may incur third party fees through use of the Service. In addition, we may allow you to link the Service with other third party content and services, in which case you may become subject to third party terms of service and/or privacy policies through your use of the Service. You acknowledge and agree that you are solely responsible for all such fees incurred by you through your use of the Service, and you agree to pay all such fees and abide by all such terms of service and/or privacy policies.
- d. Changes to the Agreement. We may revise the Agreement at any time for any other reason. If we update the Agreement, we will post a new version on the Website. Your use the Service after the updated Agreement is posted constitutes your binding acceptance of the updated version of the Agreement.
- e. Eligibility. If you are using or opening an account on the Service on behalf of a company, entity, or organization (each a “Subscribing Entity“), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to the Agreement and (ii) agree to be bound by the Agreement on behalf of such Subscribing Entity.
- f. Children. No part of the Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Service.
- a. License Grant to You. The Service is licensed, not sold, to you for use only under the terms of the Agreement. Subject to your complete and ongoing compliance with the terms and conditions of the Agreement, Octane hereby grants you a personal, limited, revocable, non-transferable license to access and use the Service solely for your own use or for the use of the Subscribing Entity.
- b. License Limitations. You may not directly rent, lease, lend, sell, redistribute or sublicense the Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in the Agreement, then you may be subject to prosecution and damages, liability for infringement of intellectual property rights, denial of access to the Service and Octane reserves the right pursue any other legal remedies available to it.
- c. Applicability to Updates. The terms of the Agreement will govern any updates provided to you by Octane that replace and/or supplement the Service, unless such upgrade is accompanied by a separate license or other agreement, in which case the terms of that license or revised Agreement will govern to the extent of any inconsistencies between such license or other agreement.
- a. Membership and Account Types. Anyone may browse the public-facing pages of the Service. However, in order to interact with many features of the Service, you must be a registered member of the Service (a “Member”). Members and non-Members that use the Service are referred to collectively as “Users.” The first step to becoming a Member is completing a membership application on behalf of yourself or a Subscribing Entity. The membership application will ask you to provide certain information, including your name, email address and password, and the information you provide must be accurate and complete. We reserve the right to approve or reject your membership application in our sole discretion.
- b. Account Security. Your account with the Service is personal to you or the Subscribing Entity you represent, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials to the Service, you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your or your Subscribing Entity’s username and password, and any device that you use to access the Service. You agree to notify us immediately of any breach in the confidentiality of your or your Subscribing Entity’s access credentials to the Service You or the Subscribing Entity you represent shall be solely responsible for maintaining the confidentiality of your password. If you have any reason to believe that your or your Subscribing Entity’s access credentials or other account information have been compromised or that your account has been accessed by a third party, you agree to immediately notify us via e-mail at [email protected]. You or the Subscribing Entity you represent will be solely responsible for the losses incurred by Octane and others due to any unauthorized use of your account with the Service.
- a. Your Content. If you are a Member, you may be able to create and share content with other parties through the use of our chatbot or SMS messaging services (“Your Content”). Other than the license grant described below, Octane claims no ownership or control over Your Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of Your Content that you create or share through the Service. You are responsible for protecting those rights.
- b. License Grants to Octane. By becoming a Member on behalf of a Subscribing Entity, you grant Octane, on behalf such Subscribing Entity, a worldwide, nonexclusive, sublicensable, royalty-free license to use such Subscribing Entity’s trademarks, service marks and logos for purposes of advertising such Subscribing Entity’s membership and use of the Service. By creating or sharing Your Content on or through the Service, you grant Octane a world-wide, non-exclusive, sub-licensable, royalty-free, transferable license to use, modify, remove, publish, transmit, or display Your Content in order for us to provide the Service.
- c. You Must Have Rights to the Content You Create and Share. You or the Subscribing Entity that you represent and warrant that: (i) you own Your Content or otherwise have the right to grant the license set forth in the Agreement; (ii) the use of Your Content on or through the Service does not violate the trade secret rights, privacy rights, publicity rights, copyrights, intellectual property rights, or any other rights of any third party; and (iii) the use of Your Content on the Service does not result in a breach of contract between you and a third party.
- a. Opt-In Requirement. As a Member, you or the Subscribing Entity you represent may have the ability to use the Service to send SMS messages to third parties (the “Fees”). You or the Subscribing Entity you represent agree that all parties that you send SMS messages to or otherwise contact through the SMS Service have clearly and unambiguously consented or elected to receive SMS messages from you or the Subscribing Entity you represent by way of a process that requires deliberate action on the part of such electing party, commonly and herein referred to as “opting in”.
- b. Opt-In Tracking Functionality. The Service may include functionality that allows you to reflect and adjust the parties that have opted in to receive SMS messages from you through the SMS Service. Whether or not you use the product described in the previous sentence, you or the Subscribing Entity you represent are solely responsible for managing such functionality and ensuring that all parties you send SMS messages to through the SMS service have opted in to receive such SMS messages, and we expressly disclaim any and all responsibility for ensuring that such parties have opted in.
- c. Opt-Out. You or the Subscribing Entity you represent agree to provide clear and unambiguous instructions via SMS message to each party you contact through the SMS Service for electing to receive no further SMS messages through the SMS Service from you or the Subscribing Entity you represent, commonly and herein referred to as “opting out.” You or the Subscribing Entity you represent agree that you will honor each opt out request by not sending any SMS messages through the SMS Service to a party following such party’s opt-out request.
- a. Fees. The fees (“Fees”) to be charged and the terms of which they will be charged to and collected from Members for use of the Service will be set forth on the Service.
- b. Payment Terms. The Service currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, as detailed on the applicable payment screen. All monetary transactions on the Service take place in U.S. Dollars.
- c. Taxes. Members are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through the Service, except for taxes on Octane’s income. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges, except as may otherwise be required by law.
- d. Audit Rights. We reserve the right to audit your use of the Service. Any additional terms regarding any such audits will be as set forth in a separate agreement.
You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e. spam). Octane may utilize any means possible to block spammers and abusers from using the Service. If you believe spam originated from the Service or you receive spam via the Service, please email us immediately at [email protected]9. Additional Services from Octane.
From time to time we may offer you services that are not described in this Agreement but are provided through the Service, and thus your use of such services are subject to the terms of this Agreement.10. Third Party Materials; Octane Content.
- a. You understand that by using the Service, you may encounter data, information, applications, materials and other content from third parties, including other users (collectively, “Third Party Materials”), and data, code, information, applications, materials and other content from Octane (collectively, “Octane Content” and, together with Third Party Materials, “Service Content”), You use the Service, and rely upon any Service Content accessible through the Service, at your sole risk. Octane shall not have any liability to you for any Service Content that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent or otherwise objectionable.
- b. In addition, third party services and Service Content that may be accessed from, displayed on, or linked to your device are not available in all languages or in all countries. Octane makes no representation that the Service, any third party services, and Service Content are appropriate or available for use in any particular location. To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any and all applicable laws or agreements regarding such services or materials.
Your right to use the Service is a privilege, not a right, and is expressly conditioned on the following:
- a. You may access the Service solely as intended through the provided functionality of the Service and as permitted under the Agreement.
- b. You agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream, or broadcast any part of the Service without Octane’s prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without Octane’s express written consent:
- i. altering, defacing, mutilating or otherwise bypassing any approved software through which the Service is made available; and
- ii. using any trademarks, service marks, design marks, logos, photographs or other content belonging to Octane or obtained from the Service.
- c. You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine Service Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage.
- d. You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including any Service Content available on or through the Service, or attempt to do any of the foregoing, except and solely to the extent permitted by the Agreement, the authorized features of the Service, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by Octane.
- e. You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, including any Service Content available on or through the Service, or any portion thereof, through any other application or website, unless and solely to the extent Octane makes available the means for embedding any part of the Service or Service Content.
- f. You agree not to access, tamper with, or use non-public areas of the Service, Octane’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Octane’s providers.
- g. You agree not to harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including Octane employees and other users.
- h. You agree not to provide any false personal information to Octane or any other user, or create a false identify or impersonate another person or entity in any way.
- i. You agree not to create or attempt to create a new account with Octane, without Octane’s express written consent, if Octane has previously disabled an account of yours.
- j. You agree not to solicit, or attempt to solicit, personal information from other users.
- k. You agree not to restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users.
- l. You agree not to use the Service, without Octane’s express written consent, to communicate or facilitate any commercial advertisement or solicitation, except as expressly permitted in the Agreement.
- m. You agree not to gain unauthorized access to the Service, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service.
- n. You agree not to post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
- o. You agree not to interfere with or disrupt the Service, or networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers.
- p. You agree not to violate any applicable federal, state or local laws or regulations or the Agreement.
- q. You agree not to assist or permit any persons in engaging in any of the activities described above.
A breach of these restrictions may subject you to prosecution and damages, as well as liability for infringement of intellectual property rights and any other remedies available to us at law.12. Consent to Use of Data.
The Service, Service Content, and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of Octane and third parties, as applicable. Except for the limited licenses expressly granted to you under the Agreement, no other rights, licenses, or immunities are granted or will be deemed to be granted to you under the Agreement, either expressly, or by implication, estoppel or otherwise.14. Feedback.
We appreciate hearing from our users and welcome your comments regarding the Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Feedback”), we will:
- a. own, exclusively, all now known or later discovered rights to the Feedback;
- b. not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Feedback; and
- c. be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, in our sole discretion. We reserve the right to refuse to provide the Service to you in the future. We may review and remove any of Your Content at any time for any reason, including activity which, in its sole judgment: violates the Agreement; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, Users of the Service. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by, or arising out of, your breach of the Agreement and your use of the Service.16. Octane’s Liability.
- a. Changes to the Service. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.
- b. Background Checks. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH THIRD PARTIES. YOU UNDERSTAND THAT WE CURRENTLY DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON USERS OF THE SERVICE. WE ALSO DO NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF OUR MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF OUR MEMBERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
- c. User and Third Party Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service. This includes disputes between Members. You assume all risk associated with dealing with third parties. You agree to resolve any disputes directly with the other party. You release Octane of all claims, demands, and damages in disputes among users of the Service. You further agree not to involve us in such disputes. Use caution and common sense when using the Service. Octane makes no representations or warranties as to the conduct of Members or other Users of the Service. IN NO EVENT WILL OCTANE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF, OR RELATING TO, THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, LOSS OF BUSINESS, LOST PROFITS, TRADE SECRET MISAPPROPRIATION, INTELLECTUAL PROPERTY INFRINGEMENT, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS AND THIRD PARTIES. YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER OR THIRD PARTY AND IN CONNECTION WITH USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH SHARING CONFIDENTIAL INFORMATION. ALL MEMBERS AND OTHER USERS OF THE SERVICE HEREBY EXPRESSLY AGREE NOT TO HOLD THE RELEASED PARTIES LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED THAT ORIGINATED THROUGH THE SERVICE AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT ARISE OR RELATED IN ANY WAY TO THE SERVICE, THE INFORMATION PROVIDED THROUGH THE SERVICE AND THE SERVICES PROVIDED BY OR TO ANY USER OF THE SERVICE. ANY DISPUTE YOU HAVE WITH ANY SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
- d. Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service. You use the Service at your own riskk.
- e. Third-Party Websites. The Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use any such websites and applications. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of any third party websites or applications.
- f. We make no representations, warranties or promises of specific results from the use of the Service.
The Agreement is effective until terminated by you or Octane. Your rights under the Agreement will terminate automatically without notice from Octane if you fail to comply with any term(s) of the Agreement (including by violating any license restriction provided herein). Upon any termination of the Agreement, you must immediately cease all use of the Service.18. Disclaimer.
YOU UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING DATA, WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS, DATA OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS AND, (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
YOU HEREBY REPRESENT THAT YOU HAVE FULLY OBSERVED THE LAWS OF YOUR JURISDICTION IN CONNECTION WITH YOUR USE OF THE SERVICE AND THE RELEASED PARTIES WILL HAVE NO LIABILITY RESULTING FROM OR RELATED TO YOUR FAILURE TO OBSERVE SUCH LAWS.19. Limitation of Liability.
YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OCTANE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT OR DATA MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF THE FEES YOU HAVE PAID TO OCTANE AND USD $100.20. Indemnity.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Octane Content, (ii) Your Content, or (iv) your breach of the Agreement. We will provide notice to you promptly of any such claim, suit, or proceeding.21. Copyright Policy.
- a. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Service infringe your copyright, you (or your agent) may send Octane a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
- i. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- ii. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works);
- iii. Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Octane to locate the material on the Service;
- iv. Your name, address, telephone number, and email address (if available);
- v. A statement that you have 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; and
- vi. 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Octane a counter-notice.
- a. The Agreement and the relationship between you and Octane will be governed by the laws of the State of California without regard to its conflict of law provisions. You and Octane agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Service under the rules of JAMS. Any such arbitration, to the extent necessary, shall be conducted in San Francisco County in the State of California. You covenant not to sue Octane in any other forum.
- b. You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or the Agreement:
- i. YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- ii. YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- iii. YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
- a. Assignment. You may not assign this Agreement or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without the prior written consent of Octane. Octane may assign the Agreement, including all its rights hereunder, without restriction.
- b. Survival. The provisions of the Agreement that are intended to survive the termination of the Agreement by their nature will survive the termination of the Agreement, including, but not limited to, Sections 2 (General), 5 (Content You Submit; License Grants from You), 11 (Your Use of the Service and Service Content), 12 (Consent to Use of Data), 13 (Ownership), 14 (Feedback), 16 (Octane’s Liability), 17 (Termination), 18 (Disclaimer), 19 (Limitation of Liability), 20 (Indemnity), 21 (Copyright Policy), 22 (Dispute Resolution), and 23 (Miscellaneous).
- e. Contacting Octane. You can contact Octane AI, Inc. by e-mail at [email protected], or by U.S. Post at PO Box 7775 #94590, San Francisco, CA 94120-7775; ECM #94590 (must include).