Terms of Use
Version: 1.1
Last updated: 30.06.2023
These Terms of Use ("Terms") constitute a legally binding agreement between the users of SOCIOGRAM Platform related services ("You", "User") and SOCIOGRAM team ("Team", "We", "Us").
Contact email address: [email protected]
These Terms apply to any services ("Services") provided through the sociogram.org website ("Platform").
If You want to use the Services, You have to agree to be bound by the terms of use contained in these Terms. You cannot access the Services if You do not agree with these Terms.
Overview
1.1. We provide You with access to the Services and information, such as text publications, images, links to third-party resources and services, music and video materials, etc., ("Content") created and published by other users.
1.2. The Platform is licensed, not sold to You, and You may access the Content and use the Services provided through the Platform only as permitted in these Terms.
1.3. You are hereby granted a limited, nonexclusive, non-transferable, non-sub licensable, and personal license to access and use the Service provided, however, such license is subject to Your compliance with these Terms.
Terms Status and Acceptance
2.1. These Terms constitute a legally binding agreement between You and the Team.
2.2. These Terms apply to any and all Services, Content, information, texts, and other products, offered on the Platform.
2.3. By accessing the Platform or ticking the “I agree to the Terms of Use and Privacy Policy” checkbox (or similar), You agree to be bound by these Terms and confirm that You have read, understood, and accepted all the provisions of these Terms, as well as the provisions of our Privacy Policy.
2.4. Please do not access or use the Platform if You have not read, understood, and accepted all the provisions of these Terms.
2.5. The Team may change, remove, or add the context of the Terms and reserves the right to do so in its sole discretion. All new and/or revised provisions of the Terms take effect immediately and apply to Your use of the Platform from that date on. Please, check these Terms regularly to be aware of all current provisions of these Terms.
2.6. The Team will notify You about significant changes in these Terms by posting a notification on the Platform or in another appropriate way.
2.7. You can review the most current version of the Terms using the Terms of Use link at the bottom of the Platform. If You continue to use the Platform after the Team makes changes to the Terms, You are signifying Your acceptance of the new and/or revised Terms.
2.8. These Terms, including our Privacy Policy, any and all notices, notifications, disclaimers construe, and entire agreement between You and the Team.
Personal Account and Account Information
3.1. You may start using the Services by downloading the application of the Platform or visiting the Platform’s website and creating a new personal account ("Account").
3.2. To open an Account, You have to provide us with Your blockchain address and nickname. Accordingly, You will need a blockchain address and a third-party wallet to access the Service. Your Account will be associated with Your blockchain address. This information will be stored and processed in accordance with our Privacy Policy.
3.3. You must not create an Account using another individual’s blockchain address unless You are legally authorized to do so.
3.4. After the Account has been created, You can add additional information to Your Account’s description, including but not limited to Avatar, Location, Website, Activity, and Bio (short biographical profile).
3.5. As an Account Avatar, You can use an NFT image or a non-minted image (“Lazy Mint”). Please be aware that if You set an NFT image as Your Account Avatar and then send that NFT image to another blockchain address, Your Account Avatar will be automatically deleted.
3.6. The Team may require You to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of these Terms. In such cases, Team, in its sole discretion, may disable Your Account and block Your ability to access the Service until such additional information and documents are processed by Team.
3.7. If You do not provide complete and accurate information in response to such a request, Team may refuse to restore Your access to the Service.
3.8. You are solely responsible for keeping Your Account secure. Do not share Your account information with others.
3.9. You must notify the Team immediately upon becoming aware of any breach of security or unauthorized use of Your Account.
3.10. The Team reserves its right to suspend Your Account without providing notice or reason in case of any violation of these Terms or the applicable law.
User’s Eligibility
4.1. To access Services, You must open an Account on the Platform.
4.2. The Services and the use of the Platform are available to natural persons, that:
4.2.1. are at least 18 years of age (if You are at least 13 years old but under 18 years old, You may only use Platform through a parent or guardian’s Account, and with their approval and oversight - that account holder is responsible for Your actions using the Account; it is prohibited to use our Service if You are under 13 years old);
4.2.2. have the capacity to enter into a legally binding contract and use the Platform, and are not prohibited to do so and use the Services by the Applicable Law or any other laws that may apply.
4.3. If You are accessing the Platform or the Services on behalf of an entity, organization, or company, You represent and warrant that You have the authority to bind such organization to these Terms and You agree on behalf of such organization that it shall be bound by these Terms.
4.4. You cannot use the Services if it is prohibited under the laws of Your state or country.
The Services
5.1. You may access and use the Services provided by the Team in accordance with these Terms. You agree to comply with the Terms and all laws, rules, and regulations applicable to Your use of the Services.
5.2. Platform, as a social network, offers You a number of Services including but not limited to the following:
creation of own Account and following Accounts of other users;
posting in Your Account profile and other Users Accounts profiles (if allowed), commenting, reposting, and reacting on the post of others;
uploading Content on the Platform and NFT minting through the Platform;
setting of an image or NFT as an Account Avatar;
drawing of graffiti and minting them as NFT;
other Services provided by the Platform.
5.3. Services are accessed through the Platform unless otherwise agreed in writing or otherwise offered.
5.4. In certain Services, third-party content may be used by You at Your election. Third-party content is governed by the Terms and, if applicable, separate terms and conditions accompanying such third-party content, which terms and conditions may include fees and charges. We are not responsible for the third-party content and use of such content provided by third parties.
Sharing Content with Other Users
6.1. You may, at Your sole discretion, create and share Your own Content.
6.2. You are solely responsible for the Content of, and any harm and damages resulting from that Content. By making Content available, You represent and warrant that:
6.2.1. use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third party;
6.2.2. if Your employer has rights to intellectual property You create, You have either (i) received written permission from Your employer to post or make available the Content, including but not limited to any software, or (ii) secured from Your employer a written waiver as to all rights in or to the Content;
6.2.3. You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
6.2.4. the Content does not contain or install any link with viruses, worms, malware, Trojan horses, or other harmful or destructive content;
6.2.5. the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or further unethical or unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
6.2.6. the Content is not considered prohibited information under these Terms.
6.3. Team has the right (though not the obligation) to (i) refuse or remove any Content that, in Team’s reasonable opinion, violates any Team policy or is in any way harmful or objectionable, or (ii) terminates or denies access to and use of the Platform, Content, and/or Services, to any person for any reason, in Team’s sole discretion.
6.4. The Team does not bear any responsibility for the Content posted on the Platform.
6.5. When posting the Content, You are prohibited from using any information which:
6.5.1. contains threats or calls to violence, including ones made implicitly; praises or encourages violent actions; discredits; insults; defiles one’s honor, dignity, or business reputation; or violates the privacy of other Users or third parties;
6.5.2. infringes on the rights of minors;
6.5.3. is vulgar or obscene, contains pornographic images and texts or sexual scenes with the participation of minors;
6.5.4. contains scenes of inhumane treatment of animals;
6.5.5. propagates and/or incites racial, religious, or ethnic hatred or hostility, including hatred or hostility towards a specific gender, orientation, or any other individual attributes or characteristics of a person (including those concerning a person’s health);
6.5.6. propagandizes and/or contributes to racial, religious, ethnic hatred or hostility, propagandizes fascism or racial superiority;
6.5.7. contains extremist materials;
6.5.8. propagandizes criminal activity or contains advices, instructions, or guides for criminal activities;
6.5.9. contains restricted information including but not limited to government and trade secrets, information on the private life of third persons;
6.5.10. advertises or describes the attractiveness of using drugs, including “digital drugs” (audio files affecting the human brain through binaural rhythms), contains information on drug trafficking, drug recipes, and drug consumption recommendations;
6.5.11. is of fraudulent nature;
6.5.12. or infringes other rights and interests of individuals and legal entities or requirements of Applicable Law or any other laws that may apply.
6.6. As a part of Your Content on the Platform You may at Your sole discretion, mint and share Your own NFT images or share images using the Lazy Mint method.
6.7. The Team applies to the minted NFT images such requirements as to the Content (as mentioned in Section 6 of these Terms).
Use of the Content
7.1. You may use the Services to obtain Content posted by other Users on the Platform.
7.2. The Team does not guarantee that we have reviewed, and review, all of the Content, posted by other Users, and therefore cannot be responsible for that Content use or effects. By operating the Platform, Team does not represent or imply that it endorses the material posted, or that it believes such material to be accurate, useful, or non-harmful. The Platform may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Platform 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. Team disclaims any responsibility for any harm and/or damages resulting from the use or downloading of Content of other parties on the Platform.
Copyright Infringement and Requests
8.1. As the Team requires others to respect its intellectual property rights, it respects the intellectual property rights of others. If You believe that Content posted by another user violates Your copyright, You are encouraged to notify the Team. Team will, as it is able, respond to all such notices, including as required or appropriate by removing the infringing Content. In order to bring infringing Content to our attention, You must provide us with the following information:
8.1.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
8.1.2. an identification of the copyrighted work and the location in the Platform of the allegedly infringing work;
8.1.3. a written statement that You have a good faith belief that the disputed use is not authorized by the owner, its agent or the law;
8.1.4. Your name and contact information, including telephone number and email address; and
8.1.5. a statement by You that the above information in Your notice is accurate and, under penalty of perjury, that You are the copyright owner or authorized to act on the copyright owner’s behalf.
8.2. If You are willing to remove information related to You from the Content posted by another user, You are encouraged to notify the Team. Upon written request, You may refuse to display on the Platform information related to You.
User Conduct
9.1. When using the Services, You must:
9.1.1. not violate or assist any third party in violating these Terms and/or any Applicable Law, which may include but is not limited to international laws, national laws, statutes, regulations, etc.;
9.1.2. not provide false, inaccurate, incomplete, and misleading information to the Team;
9.1.3. not violate intellectual property rights (trademark, copyright, patent, and other intellectual property rights) of the Team;
9.1.4. not use the Platform and the Services in any way that can damage, disable or overburden the Platform, which may include but is not limited to uploading or in any other way, while using the Platform and the Services, sending viruses, Trojan horses, spyware, adware or any other malicious code; performing DoS attacks, interfering with or disrupting any network, equipment, or server connected to or used to provide services on the Platform and the Services;
9.1.5. not attempt to gain unauthorized access to the Platform, other User’s Accounts, computer systems, or networks connected to the Platform or to extract data from the Platform;
9.1.6. not share Your Account and/or password with third parties or use any other person’s Account and/or password;
9.1.7. not impersonate or misrepresent Your affiliation with another User, person or entity, nor make other fraudulent, false, deceptive, or misleading representations;
9.1.8. not violate any laws that apply in Your jurisdiction concerning the use of Platform and mobile applications in general;
9.1.9. not violate these Terms and the Applicable Law in any other way;
9.1.10. to notify the Team immediately if You become aware of any unauthorized use of Your Account and password by any person or any other violations to the security rules;
9.1.11. to notify the Team immediately if You become aware of any violations to the security rules;
9.1.12. to strictly observe all security mechanisms and procedures while using the Services.
Account Closing and Suspension
10.1. You can close Your Account at any time at Your sole discretion.
10.2. The Team reserves the right to temporarily suspend or close Your Account in an event:
10.2.1. we reasonably believe Your Account has been compromised, as well as for any other security reasons;
10.2.2. we reasonably believe Your Account is being used by a person with no right and/or authorization to do so;
10.2.3. You fail to comply with these Terms, as well as with any other document that construes a part of these Terms;
10.2.4. You have provided us with any false, incomplete, misleading, inaccurate information;
10.2.5. You, Your Account, Your behavior poses regulatory risks to the Team;
10.2.6. we reasonably suspect You of fraud, otherwise violating the Applicable Law;
10.2.7. we detect unusual activities on Your Account;
10.2.8. other reasons that construe a violation of these Terms and the Applicable Law;
10.2.9. we are required to do so under a court order and/or command or any other document that is a result of a civil, criminal and administrative procedure of court, regulatory, government or local government authority.
10.3. The Team may, but has no obligation to, notify You about the reasons for Your Account suspension or closing.
10.4. Your Account will be automatically deleted if the Account has been inactive for the last 2 years.
10.5. You agree that the Team is not liable or responsible for any losses suffered due to Your Account closure.
Intellectual Property
11.1. The Team may produce and display content ("Our content") in the Platform, which includes but is not limited to information about the Services, Team, and Platform.
11.2. The Team shall not hold liability for any actions that arise from its Our Content.
11.3. All components of Our Content and the Platform, as well as Our Content and the Platform as a whole belong to the Team and are protected with, including but not limited to copyright, trademarks, trade secrets. All rights reserved.
11.4. You must not reproduce, reprint, publish, modify, distribute, display, transmit, license, transfer or otherwise exploit Our Content or technology from the Platform without prior written consent given by the Team.
11.5. Violation of any of the intellectual property rights of the Team is strictly prohibited.
Third-Party Services
12.1. The Platform may contain links to third-party apps, websites, or services (or be integrated with them) that are not owned or controlled by the Team.
12.2. The Team has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. The Team shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
12.3. For more information, please read these companies’ public policies.
Confidentiality and Privacy Policy
13.1. We collect, store and process Your information in accordance with our Privacy Policy that is available on the bottom of the Platform and is an integral part of these Terms.
Disclaimers and Limitations of Liability
14.1. For non-performance or improper performance of their obligations under these Terms, the Team and You shall be liable in accordance with these Terms and the Applicable Law, unless otherwise provided hereby.
14.2. The Platform, Our Content, and Services are provided without any guarantees, conditions, or warranties as to their accuracy, quality, and fit for a particular purpose or need. The Team does not guarantee that the Platform and Services are error-free, reliable, or will operate without interruption.
14.3. The Platform and the Services are provided to You on the “AS-IS” basis.
14.4. The Team shall not be liable for the use or inability to use the Platform and Services.
14.5. In no event shall the Team, its officers, directors, employees, agents, third-party service providers be liable to You or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from (i) the accuracy, completeness, or content of this Platform, (ii) the accuracy, completeness, or content of any apps, websites or services linked (through hyperlinks, banner advertising or otherwise) to the Platform, (iii) the Services found at the Platform or any websites linked (through hyperlinks, banner advertising or otherwise) to this Platform, (iv) personal injury or property damage of any nature whatsoever, (v) third-party conduct of any nature whatsoever, (vi) any unauthorized access to or use of Team’s servers and/or any and all content, personal information, other information and data stored therein, (vii) any interruption or cessation of Services to or from the Platform or any websites linked (through hyperlinks, banner advertising or otherwise) to this site, (viii) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this Platform, (ix) any loss or damage of any kind incurred as a result of Your use of the Platform or the Services found at the Platform, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not the company is advised of the possibility of such damages, (x) losing access and/or unauthorized access to Your Account, (xi) changes in regulatory approaches or legal actions taken regarding the mapping and navigation, (xii) errors in the provision of Services; (xiii) other risks associated with using the Platform and Services.
14.6. The Team shall not be liable for any events that may include but are not limited to civil, criminal, and administrative actions that may arise from You using the Platform and Services if such use is forbidden or otherwise limited in Your state or country.
14.7. To the extent permitted by Applicable Law, You agree to defend, indemnify, and hold harmless the Team from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from: (i) Your use of and access to the Platform and Services; (ii) Your violation of any term of these Terms; or, (iii) Your violation of the Applicable Law, including any law, rule, or regulation, or the rights of any third party.
14.8. In case of any circumstances of insuperable force (i.e. events of extraordinary or insuperable nature) that have occurred and remain in effect beyond Your and the Team’s ("Parties") control and that a Party could neither foresee nor prevent for objective reasons, if these circumstances prevent a Party from proper fulfilment of its obligations hereunder, the term for fulfilment of such obligations hereunder shall be extended for the period of the effect of such circumstances of insuperable force. The circumstances of insuperable force shall include wars and other military operations, earthquakes, floods, and other natural disasters, adoption of laws and regulations by state and local authorities, failure of power supply or communication system, or other similar circumstances that prevent the Parties from the proper fulfilment of their obligations hereunder.
Final Provisions
15.1. These Terms shall remain in force until terminated by the Team. The Team may terminate these Terms at any time at its own discretion without explaining the reasons for this decision.
15.2. If any questions have not been regulated by these Terms, they shall be regulated under the Applicable Law.
15.3. In an event the Platform shall be available in multiple languages, the English version of the Terms shall prevail.
15.4. If You have any comments, questions, or complaints, please contact us at [email protected].