1. Acceptance of terms
Krebit is part of a next generation of Digital Assets-related services, serving as a reputation scoring platform for all members of the Krebit Community. Krebit allows Users to take advantage of a variety of services, all in accordance with applicable law and regulation, including:
- Become members in the Krebit platform and community;
- Hold your Digital Assets in a non-custodial Ethereum Wallet and gain or lose reputation;
- Make, vote and accept Deals with other members of the Krebit Community; and
- Transfer Digital Assets to other Users.
- Krebit is built around the KRB Etherum Blockhain ERC20 Token (“KRB Token”) that allows Users to take advantage of different utilities, primarily to gain better terms and opportunities when using Krebit’ Services.
Capitalized terms shall have the meanings assigned to them in these Terms, unless the context requires otherwise.
“Blockchain” means a system in which records of transactions made in Digital Assets are maintained across several computers that are linked in a peer-to-peer network.
“Deals” means the messages or posts (“Content”) that are created and replied by users into the platform with the purpose of growing the social capital of the community in the form of minted/burnt KRB tokens.
“Digital Asset” means a digital representation of value in which encryption techniques are used to regulate the generation of digital units and verify the transfer of assets, operating independently from a central bank.
“Eligible Digital Assets” means the types of Digital Assets we may choose to accept and support from time to time, which are subject to change in our sole discretion, based on business and regulatory considerations.
“Ethereum” means the Ethereum open-source, blockchain-based, decentralized software platform used for its own cryptocurrency, ether. It enables SmartContracts and Distributed Applications (DApps) to be built and run without any downtime, fraud, control, or interference from a third party.
“Fiat”, when used in reference to money or currency, means any money that a recognized government declares as legal tender, and has value only because such government maintains its value.
“Trust Votes” means the Up Votes or Down Votes that users give to Deals posted by other users based on their level of trust on that Content and the sender reputation in KRB tokens.
“Wallet” or “Krebit Wallet” mean a non-custodial Ethereum Wallet, allowing User to use the Services, transact with Krebit, manage his or her balance with Krebit and view and manage his or her personal information and profile.
Please be aware that the terms and conditions governing Krebit or the Services can change over time. Krebit reserves the right, at its sole discretion, to discontinue or make changes to any Krebit Services. We may change these Terms, and we may add to or delete from these Terms, and the updated version will supersede all prior versions. We will provide notice of changes, additions, and deletions as required by law. If we have provided advance notice and you do not agree with a change, you may close your Krebit Account(s) before the effective date of the change, which shall be your sole remedy. The continued maintenance of your Krebit account following the effective date of any change will constitute your acceptance of such change and subject your Krebit account to the modified Terms.
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms.
Krebit is a global platform and by accessing the Content or Services, you are representing and warranting that you are of the legal age of majority in your jurisdiction as is required to access such Services and Content and enter into arrangements as provided by the Services. You further represent that you are otherwise legally permitted to use the service in your jurisdiction including owning cryptographic tokens of value, and interacting with the Services or Content in any way. You further represent you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that Krebit is not liable for your compliance with such laws.
Due to changing regulatory requirements and interpretations in the Digital Assets markets, Krebit will use its sole and absolute discretion to revise the list of prohibited jurisdictions and/or reject specific applications to open Krebit accounts and/or use part or all of the Services, where Krebit determines that regulatory or policy reasons prevent Krebit from being able to offer its Services.
In addition, you represent to us that you and your financial institutions, or any party that owns or controls you or your financial institutions, are (1) not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority and (2) not located in any country to which the United States has embargoed goods or has otherwise applied any sanctions.
5. Account Password and Security
Krebit’ Services allow you to create a non-custodial Krebit Wallet and conduct certain transactions online. You are solely responsible for the activities under your Krebit Wallet and for securing your Krebit Wallet IDs, passwords, hints, or any other codes that you use to access your Krebit Wallet and the Services. Krebit is not responsible for any loss or compromise of your access information and/or your personal information, or for any loss that you may sustain due to compromise of your access information and/or personal information.
When setting up an account within Krebit, you will be responsible for keeping your own account and Wallet secrets, which may be a twelve-word seed phrase, an account file, or other non-custodial secret information. We will not be liable for following any instruction we receive through your Krebit Wallet, even if it was not authorized by you, or if it was entered by mistake or is otherwise inaccurate. Krebit encrypts your information with the signature from the Wallet that you control, we never have access to your private keys and we never send it to our servers. Krebit cannot and will not be liable for any loss or damage arising from your failure to remember or keep safe your keys or comply with this section.
6. DISCLAIMERS; RISKS
6.1. Warranty disclaimer
You expressly understand and agree that your use of the Services is at your sole risk. The Services (including the Site, the App and the Content) are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that Krebit has no control over, and no duty to take any action regarding: which users gain access to or use the Services; what effects the Content 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 Content. You release Krebit from all liability for you having acquired or not acquired Content through the Services. Krebit makes no representations concerning any Content contained in or accessed through the Services, and Krebit will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
We do not represent or warrant that access to the Services will be continuous, uninterrupted, timely or secure. You acknowledge and accept that the Services (a) may contain bugs, errors and defects, (b) may function improperly or be subject to periods of downtime and unavailability, (c) may result in total or partial loss or corruption of data and (d) may be modified at any time, including through the release of subsequent versions, all with or without notice to you.
You acknowledge that Krebit is not responsible for transferring, safeguarding, or maintaining your private keys or any digital currency associated therewith. If you lose, mishandle or have stolen associated digital currency private keys, you acknowledge that you may not be able to recover associated digital currency, and that Krebit is not responsible for such loss. You acknowledge that Krebit is not responsible for any loss, damage or liability arising from your failure to comply with the terms hereunder.
6.2 Sophistication and Risk of Cryptographic Systems
By utilizing the Services or interacting with the Content or platform in any way, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you have an understanding of the usage and intricacies of native cryptographic tokens such as Ether (ETH) and Bitcoin (BTC), smart contract based tokens such as those that follow an Ethereum token standard (e.g. https://github.com/ethereum/EIPs/issues/20), and blockchain-based software systems.
6.3 Risk of Regulatory Actions in One or More Jurisdictions
Krebit and any supported cryptographic token and blockchain could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of Krebit to continue to develop, or which could impede or limit your ability to access or use the Services or the underlying blockchain network.
6.4 Risk of Weaknesses or Exploits in the Field of Cryptography
You acknowledge and understand that Cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to cryptocurrencies and Services of Content, which could result in the theft or loss of your cryptographic tokens or property. To the extent possible, Krebit intends to update the protocol underlying Services to account for any advances in cryptography and to incorporate additional security measures, but does not guarantee or otherwise represent full security of the system. By using the Services or accessing Content, you acknowledge these inherent risks.
6.5 Volatility of Cryptocurrencies
You understand that Ethereum and other blockchain technologies and associated cryptographic tokens are highly volatile due to many factors including but not limited to adoption, speculation, technology and security risks. You also acknowledge that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the blockchain network. You acknowledge these risks and agree that Krebit cannot be held liable for such fluctuations or increased costs.
The value of Digital Assets may be derived from the continued willingness of market participants to exchange Digital Assets for Fiat currencies or other Digital Assets. If such willingness is abolished for any reason, this may result in the potential for a permanent and total loss of value of a particular Digital Asset.
The volatility and unpredictability of the price of Digital Assets may result in significant loss over a short period of time. The nature of Digital Assets may lead to an increased risk of fraud or cyber-attack, including rollback attacks or Blockchain reorganizations. The nature of Digital Assets means that any technological difficulties experienced by Krebit may prevent the access or use of your Digital Assets and/or cause losses of Digital Assets.
Although Krebit takes precautionary measures to protect against cyber threats, circumstances may arise where losses or damages incur. In that event, you authorize Krebit to use Eligible Digital Assets to absorb the remaining losses.
In light of these risks, which are only some of the risks involved in using the Services and holding or trading in Digital Assets, and do not constitute an exhaustive list of such risks, you should carefully consider whether holding or trading Digital Assets in general and/or using our Services is suitable for you in light of your financial condition.
6.6 Application Security
You further acknowledge that blockchain applications are code subject to flaws and acknowledge that you are solely responsible for evaluating any code provided by the Services or Content and the trustworthiness of any third-party websites, products, smart-contracts, or Content you access or use through the Services. You further expressly acknowledge and represent that blockchain applications can be written maliciously or negligently, that Krebit cannot be held liable for your interaction with such applications and that such applications may cause the loss of property or even identity. This warning and others later provided by Krebit in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the Services or Content.
We will not be liable for delays in processing or other non-performance caused by such events as fires, telecommunications, utility, or power failures, equipment failures, labor strife, riots, war, nonperformance of our vendors or suppliers, acts of God, pandemic or epidemic events, or other causes over which we have no reasonable control.
6.7 Krebit Wallet
These Terms and the holding of Digital Asset relationship does not create a fiduciary relationship between us and you; your Krebit Wallet is not a checking or savings account, and it is not covered by insurance against losses. We may lend, sell, pledge, hypothecate, assign, invest, use, commingle or otherwise dispose of assets and Eligible Digital Assets to counterparties or hold the Eligible Digital Assets with counterparties, and we will use our best commercial and operational efforts to prevent losses.
ELIGIBLE DIGITAL ASSETS ARE NOT LEGAL TENDER. KREBIT IS NOT A BANK OR DEPOSITORY INSTITUTION, AND YOUR KREBIT WALLET IS NOT A DEPOSIT ACCOUNT. ELIGIBLE DIGITAL ASSETS IN YOUR KREBIT WALLET ARE NOT HELD BY KREBIT AS A CUSTODIAN OR FIDUCIARY, ARE NOT INSURED BY ANY PRIVATE OR GOVERNMENTAL INSURANCE PLAN (INCLUDING THE FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC) OR THE SECURITIES INVESTOR PROTECTION CORPORATION (SIPC)), AND ARE NOT COVERED BY ANY COMPENSATION SCHEME (INCLUDING THE FINANCIAL OMBUDSMAN AND FINANCIAL SERVICES COMPENSATION SCHEME (FSCS)).
6.8 Ownership of Digital Assets
You hereby represent and warrant to us at all times during which you hold Digital Assets in your Krebit Wallet that any Digital Asset used by you in connection with your Krebit Wallet is owned by you or that you are validly authorized to carry out transactions using such Digital Assets, and that all transactions initiated with your Krebit Wallet are for your own Krebit Wallet and not on behalf of any other person or entity. You further represent and warrant that all such Digital Assets are free from any claims, indebtedness, liens, or third-party interests.
6.9 Holding Eligible Digital Assets
You can hold Eligible Digital Assets to your Krebit Wallet by transferring Eligible Digital Assets to the Ethereum address provided by Krebit. The transfer of such Eligible Digital Assets to your Krebit Wallet will not be deemed settled and completed until the blockchain transaction is deemed confirmed to the relevant address.
You may make a complete or partial withdrawal of Eligible Digital Assets from your Krebit Wallet at any time. Krebit initiates the withdrawal process immediately following a withdrawal request when possible; however, the transfer of such Eligible Digital Assets from your Krebit Wallet will not be deemed settled and completed until the blockchain transaction is deemed confirmed to the relevant address.
For every withdrawal request, you will be required to provide the details of the wallet to which you wish to transfer your Digital Assets from your Krebit Wallet. In the event that the details you provide are inaccurate, incomplete or misleading, your Digital Assets may be permanently lost. We will not be liable for any loss that results from inaccurate, incomplete or misleading details that you may provide for such transfer. If the Ethereum transfer address you specify is one to which we are unable to process transfers, we will have no liability for any resulting failure or delay in processing your requested withdrawal.
Krebit and our third-party partners may experience cyber-attacks, extreme market conditions, or other operational or technical difficulties which could result in the immediate halt of transactions either temporarily or permanently. Provided that Krebit has taken reasonable commercial and operational measures to prevent such events in technical systems controlled by Krebit, Krebit is not and will not be responsible or liable for any loss or damage of any sort incurred by you as a result of such cyber-attacks, operational or technical difficulties or suspensions of transactions. Withdrawal limits based on amounts and/or frequency may apply from time to time and will be described in your Krebit Wallet interface. Users can withdraw any amount at any time; however, our policies may require additional security checks that require up to 48 hours to complete. Any individual request to exceed withdrawal limits set by Krebit must be sent via email to firstname.lastname@example.org.
Every transmission request shall be deemed pending until accepted by us. We may refuse to accept such request, or delay the processing of an approved request for any reasonable reason, including but not limited to insufficient assets in your Krebit Wallet, inaccurate or misleading information provided by you, or any doubt or suspicion of money laundering or other financial crime related to your Krebit Wallet.
6.11 How KRB Token Rewards Are Calculated and Mint/Burnt
The Krebit Ethereum blockchain contract defines how the KRB tokens are mint/burn and all rules for the initial supply, rewards for registering Verifiable Credentials. Interacting with an Ethereum smart contract has transaction costs based on the Ethereum Blockchain gas, as well as any service fee defined by the smart contract definition. The definition for the KRB contract can be found in the “contract.krebit.eth” IPFS address.
A) Verifiable credentials
The first way to earn KRB token rewards is based on the Trust level that Issuer users give to your registered Verifiable Credentials in the platform, and the stake the Issuer defines in KRB tokens. Issuers can only stake up to the min/max KRB tokens balance in the contract. Rewards are based on the formula:
[ KRB = Risked KRB * (Trust / Max Trust) ].
Verifiable Credentials can be revoked by an Issuer, they can expire, and also be deleted by the credential subject. In all these cases both the issuer and subject rewards are also burnt.
Any member can also dispute a Verifiable Credential via proposal on the Krebit DAO. Once raised, disputes must be resolved by voting and the rewards could get burnt and the verifier’s stake could get slashed.Once a dispute has been raised and settled one way or the other, the user on the losing side will lose reputation (slashed KRB) and the one on the winning side will gain it (minted KRB).
B) DAO Participation
A second way to earn KRB is by participating in the Krebit DAO, by creating proposals, with the formula:
[ KRB = Risked KRB * (Up Votes - Down Votes) / Total Votes ].
If the result is positive, there will be that amount of KRB tokens minted and transferred to the proposer address. If the result is negative, the amount of KRB tokens will be burned from the proposer address.
To combat voter apathy, each voter gets one KRB when they reveal their vote, regardless of the direction they voted in or the eventual result of the decision.
This ‘payout regardless of opinion’ is to avoid us falling victim to the Keynesian beauty contest , in which due to receiving a reward for being “correct”, voters are incentivised to vote for what they believe most other people will vote for, rather than what they independently believe.
C) Deal Reviews
A third way to earn KRB is by participating in Krebit’s Marketplace. Krebit gives buyers the ability to rate sellers after completing a full transaction flow. If a buyer initiates a Escrow payment to your Deal in the marketplace, the formula will be:
[ KRB = Risk KRB * Deal Fulfillment ].
If the buying user marks the Deal as fulfilled successfully (Deal Fulfillment = 1), the total amount of risked KRB will be mint and transferred to your address. If the replying user marks the Deal as not fulfilled from your part (Deal Fulfillment = -1), then the total amount of risked KRB will be burnt from your address.
If the buyer fails to complete or release the transaction, you can also dispute the Escrow in the DAO and get rewarded, while the buyer would be penalized. This way each party is rewarded based on its completion of its part of the Deal.
Krebit rounds non-integer, rational numbers to the smallest possible decimal available for the applicable Eligible Digital Asset. If, at any time, for legal or other reasons, a Krebit Wallet is suspended or frozen by Krebit, Eligible Digital Assets connected to such Krebit Wallet shall not be eligible for rewards.
6.12 Consent to Krebit’ Use of Your Digital Assets
In consideration for the rewards earned on your Krebit Wallet and the use of our Services, you grant Krebit, subject to applicable law and for the duration of the period during which the Digital Assets are available through your Krebit Wallet, all right and title to such Digital Assets, including ownership rights, and the right, without further notice to you, to hold such Digital Assets in Krebit’ own virtual wallet or elsewhere, and to pledge, re-pledge, hypothecate, rehypothecate, sell, lend, or otherwise transfer or use any amount of such Digital Assets, separately or together with other property, with all attendant rights of ownership, and for any period of time, and without retaining in Krebit’ possession and/or control a like amount of Digital Assets or any other monies or assets, and to use or invest such Digital Assets.
6.13 Safety; Your Interactions with Other Members.
Though Krebit strives to encourage a respectful member experience through features like the crossed evaluation on a Deal, it is not responsible for the conduct of any member on or off of the Service. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other members.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT KREBIT DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS MEMBERS. KREBIT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS.
You agree to release and to indemnify, defend and hold harmless Krebit and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Services, your violation of these Terms, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. Krebit reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Krebit in the defense of such matter.
8. Limitation on Liability
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE, THE APP AND THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE, THE APP AND THE SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, THE APP AND THE SERVICES IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER KREBIT NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF KREBIT HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE, THE APP OR SERVICES; THE USE OR THE INABILITY TO USE THE SITE, THE APP OR THE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, THE APP OR THE SERVICES; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT PARTICIPATION IN THE SERVICES); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE, THE APP OR THE SERVICES OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE, THE APP OR ANY OTHER ASPECT OF THE SERVICES.
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 MAY NOT APPLY TO YOU.
9. Intellectual Property
9.1 Our Proprietary Rights
All title, ownership and intellectual property rights in and to the Services are owned by Krebit or its licensors. You acknowledge and agree that the Services contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Krebit, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Site, the App or the Services, in whole or in part.
9.2 Limited License
We grant you limited, non-exclusive, revocable permission to make use of the Site, the App and the Services (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or us. You promise and agree that you will not redistribute or transfer the Services.
The Krebit software application, including without limitation the Site, the App and the Services, are not sold or transferred to you, and Krebit and its licensors retain ownership of all copies of the software applications even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices (“Devices”).
All Krebit trademarks, service marks, trade names, logos, domain names, and any other features of the Krebit brand (“Krebit Brand Features”) are the sole property of Krebit or its licensors. The Terms do not grant you any rights to use any Krebit Brand Features whether for commercial or non-commercial use.
You agree to abide by our user guidelines and not to use the Services or any part thereof in any manner not expressly permitted by the Terms. Except for the rights expressly granted to you in the Terms, Krebit grants no right, title, or interest to you in the Site, the App or the Services.
Third party software (for example, open source software libraries) included in the Services are made available to you under the relevant third party software library’s license terms.
Notwithstanding anything herein to the contrary, nothing in the Terms entitles you to copy, modify, fork, merge, combine with another program or create a derivative work of the Services, including without limitation the Site and the App.
9.3 Rights you Grant Krebit.
By creating an account, you grant to Krebit a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you post, upload, display or otherwise make available (collectively, "post") on the Service or transmit to other members (collectively, "Content"). Krebit's license to your Content shall be non-exclusive, except that Krebit's license shall be exclusive with respect to derivative works created through use of the Service. For example, Krebit would have an exclusive license to screenshots of the Service that include your Content. In addition, so that Krebit can prevent the use of your Content outside of the Service, you authorize Krebit to act on your behalf with respect to infringing uses of your Content taken from the Service by other members or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other members and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Krebit members).
You agree that all information that you submit upon creation of your account is accurate and truthful and you have the right to post the Content on the Service and grant the license to Krebit above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
In consideration for Krebit allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to Krebit regarding our Service, you agree that Krebit may use and share such feedback for any purpose without compensating you.
Please be informed that Krebit may access, store and disclose your account information and Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
9.4 Content Rules
Krebit reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that Krebit regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.
Although Krebit reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the member who posts it, and Krebit cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via our email email@example.com
The Services provide, or third parties may provide, links to other World Wide Web or accessible sites, applications or resources. Because Krebit has no control over such sites, applications and resources, you acknowledge and agree that Krebit is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Krebit 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
11. Termination and Suspension
Krebit may terminate or suspend all or part of the Services and your Krebit access immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your access, your right to use the Services will immediately cease.
The following provisions of the Terms survive any termination of these Terms: INDEMNITY; WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TERMINATION; NO THIRD PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; GENERAL INFORMATION.
12. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.
13. Notice and Procedure For Making Claims of Copyright Infringement
If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide Krebit a written Notice containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Krebit can be reached at email: firstname.lastname@example.org
14. Arbitration and Governing Law
The Terms and the relationship between you and Krebit shall be governed by the laws of the State of Delaware, U.S.A without regard to conflict of law provisions.
15. GENERAL INFORMATION
15.1 Entire Agreement
These Terms (and any additional terms, rules and conditions of participation that Krebit may post on the Services) constitute the entire agreement between you and Krebit with respect to the Services and supersedes any prior agreements, oral or written, between you and Krebit. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation, the latter will prevail over the Terms to the extent of the conflict.
15.2 Waiver and Severability of Terms
The failure of Krebit to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
15.3 Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15.4 Section Titles
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Users with questions, complaints or claims with respect to the Services may contact us using the Email: email@example.com