Welcome to the Terms of Service for Cappasity.com, a 3D product imaging solution provider. This Terms of Service is a legally binding agreement (the “Terms”) between Cappasity, Inc., a Delaware company and its affiliates (collectively, “Cappasity”), the owner and operator of the websites: (i) cappasity.com and (ii) 3dshot.io (the “Sites” and any services provided through our Sites, “Services”) and you (“you” or “your” or “user(s)”), a user of the Sites and Services. These Terms is legally binding and governs your use of our Sites and Services. If you do not agree to the Terms or the Privacy Policy please stop using our Sites and Service immediately.
Throughout this document, the words “Cappasity,” “us,” “we,” and “our,” refer to our company, Cappasity Inc. and our website, Cappasity.com, or our SaaS service known as the Cappasity Platform, as is appropriate in the context of the use of the words. All information submitted by you to us, such as data, text, photographs, graphics, video, messages, tags or other materials for hosting, display, and distribution shall be referred to as “Content”.
Please read the Terms and the Privacy Policy available at: https://3d.cappasity.com/policies/privacy before using our Sites or Service. By using or accessing our Sites and using any of our Services, you acknowledge and agree to these terms and agree to be bound by these Terms and the Privacy Policy. We may amend our Terms or Privacy Policy from time to time, your continued use of our Sites or Service will constitute acknowledgement and consent to any amendments made within the Terms and Privacy Policy.
In some instances, a separate document that provides additional conditions may apply to a service or a product offered via the Cappasity Platform (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Currently, the following Additional Terms will apply if:
Cappasity is a 3D product imaging solution provider. Cappasity allows you to create and embed interactive 3D product imaging by uploading appropriate Content to our platform. Cappasity’s Services are objects that define scope of these Terms.
Cappasity’s Services include our: (i) Sites; (ii) Cappasity Platform; and (iii) Server licensing, but does not include third party products or services that you may choose to integrate with Cappasity products or services.
You may use Cappasity without a registered account. However, in order to take full advantage of Cappasity, you will have to sign up for an account. If you decide not to register you are still subject to these Terms and the Privacy Policy. It is important that you keep your account information confidential as you are solely responsible for all actions or purchases made under your account.
During registration we require that you provide us with username (name of your account), e-mail and date of birth. We may also require additional information from you if necessary. We have the final discretion in granting accounts and reserve the right to reject users without explanation. We reserve the right to reclaim any Cappasity usernames and other unique IDs on behalf of businesses or individuals that we believe may have trademark rights or other legal claims to them.
Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
You are responsible for your use of Cappasity, and for any use of Cappasity made using your username and account, including by your Affiliates. The term “Affiliates” shall refer to any individual or entity that (a) directly or indirectly controls, or is controlled by, or is under common control with you; and/or (b) if you are an entity, owns or controls a majority of your outstanding voting securities. You agree not to access, copy, or use Cappasity, including our intellectual property and trademarks, except as authorized by these Terms or as otherwise authorized in writing by Cappasity.
You agree that you may not use the Sites or Services for any purpose that is unlawful or prohibited by these Terms, specifically you agree not to:
Cappasity may terminate your account for violating one or more of your responsibilities, for violating applicable international, federal or state law, any other provision in these Terms, the Privacy Policy or for any other lawful purpose or at our discretion, with or without notice.
Cappasity allows you to submit Content through the Sites or our Services. Cappasity does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Cappasity expressly disclaims any and all liability in connection with Content submissions.
Any Content submitted by you will be owned by you. However, you hereby provide Cappasity with a non-exclusive license with the right to sublicense, which is mandatory in order for us to receive, host, modify, process, analyze the interaction with content, distribute your Content on/through our servers and make any alterations to your Content on your behalf. Cappasity never uses your Content in any unethical or disrespectful way. Cappasity reserves the right to promote public content (not protected with unlisted or private attributes) without notifying the user beforehand. We reserve the right but not the obligation to monitor and edit all Content provided by users. You may find more in-depth information about granting a non-exclusive license in paragraph 6.
By posting or submitting Content, you hereby represent and warrant that you own or otherwise control all of the rights to your submission including, but not limited to, all the rights necessary for you to provide, post, upload, input or submit the Content. To the extent that the Content submitted contains images, photographs, pictures or graphical representations in whole or in part (“Images”), you represent and warrant that (i) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms; (ii) you have the rights necessary to grant the licenses and sublicenses described in these Terms; and (iii) that each person depicted in such Images, if any, has consented to the use of the Images as set forth in these Terms.
When you delete your Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed Content may persist in backup copies for a reasonable period of time (but will not be available to others).
When you publish Content or information using the public setting, it means that you are allowing everyone, including a community of users external to our platform, to access and use that information, and to associate it with you (i.e., your name and profile picture).
Content that you find on or through the Site or the Services that is not your Content are the property of Cappasity or our third-party licensors. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Nudity and Sexual Activities
Cappasity, in its sole discretion, reserves the right to (i) remove your Content that contains nude, partially nude, or otherwise sexually suggestive photos and (ii) terminate your account if such account promotes or distributes pornographic content. Cappasity may make exceptions for Content that is rated by a rating body or is otherwise in compliance with the following exceptions:
Notwithstanding the foregoing, you shall never post Content with:
FURTHER, WE WILL REPORT ALL INSTANCES OF CHILD PORNOGRAPHY AND SEXUAL EXPLOITATION OF MINORS TO AUTHORITIES. NEVER POST NUDE OR SEXUALLY EXPLICIT CONTENT INVOLVING ANYONE UNDER THE AGE OF 18. You remain solely responsible for any Content you provide or upload to the Cappasity Platform and for compliance with all applicable federal and state laws.
Reporting of Objectionable Content
Although Cappasity reserves the right to review or remove all Content that appears on the Cappasity Platform, we cannot and do not guarantee that we will catch every Content which inappropriate, unlawful, defamatory, offensive or otherwise unfit for publication (collectively, “Inappropriate Content”), and we assume no responsibility for monitoring the Cappasity Platform for Inappropriate Content. Therefore, we encourage our users to report Inappropriate Content. For written notifications of any Inappropriate Content, please notify us in writing at support@cappasity.com, stating your full name and address, details of the location of the Content in question and a detailed explanation why it is inappropriate, offensive or unlawful.
Cappasity and its affiliates reserves the rights to share the public content you create to promote Cappasity and affiliates — the creator of the content will be credited. You assign to Cappasity a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your Content.
If you reside in the EU or other countries that recognize unalienable moral rights, you grant us the broadest license that is legally allowed under the applicable law.
The Sites and the Services, their respective features and functionality and original content, including, without limitation, software, applications, text, graphics, images, sounds, video, and other material, information, or content, perceived, made available from, uploaded to, or otherwise transmitted on or through the Sites or the Service, but excluding Content provided by users, are and will remain our exclusive property. The Sites and the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent, which may be withheld or denied in our sole discretion.
We welcome your feedback about the Sites and the Services. Unless otherwise expressly declared, any communications you send to us are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such contents at our own discretion. You agree to authorize us to make use of such contents for free, and revise, modify, adjust and change contextually, or make any other changes as we deem appropriate.
You will not be required to pay to access our Sites. However, portions of our Sites and Services may require payment. If you wish to use any of our paid Services you will be required to submit your payment information. Please be aware that your payment information may be stored, collected, and processed by our third-party payment processor are currently Paypal or Stripe (each, a “Payment Processor”). If you chooses to use CAPP Tokens to pay for the Services, you hereby agree to the Cappasity Wallet Terms available here: https://3d.cappasity.com/account/billing/capp. Please be aware that you must be at least 18 years of age to subscribe to our Services and must provide complete and accurate information to our payment processor or your payment may be affected, you must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration), and you must promptly notify us or our payment processor if your payment method is cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information may be made in your Account Settings. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services.
The information about our subscriptions and paid services can be found here. By submitting your payment information, you authorize the amount listed at the checkout screen to be charged by the applicable Payment Processor. You can switch between monthly and yearly subscriptions at any moment. Just open our billing page and select “Switch to Annual Billing”, choose the one you need and click Proceed. Changes will take place with the next scheduled payment. Please be aware that our subscription prices are not guaranteed and may be changed from time to time. We shall alert you to any changes in our subscription prices. Please be aware that we may suspend or terminate your account if your payment is past due, to provide you with continuous service please ensure that your payment information is correct and current. All payments are to be made in the currency designated by us.
The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for any error by the Payment Processor. By choosing to use paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge the chosen payment provider.
CAPP Tokens
CAPP token, an ERC-20 Ethereum token, is issued as a payment solution for the Service.
We offer CAPP tokens for sale on our Sites as an alternative and more convenient payment method for the Services. The price of CAPP tokens depends on supply and demand for CAPP tokens and for the Services and can fluctuate based on market conditions. If you purchase CAPP tokens, you represent that you are doing so for the primary purpose to utilizing CAPP tokens to pay for the Services and not as an investment. The CAPP token sale transactions on our Sites are processed by Cappasity Technologies International Ltd, a Cayman Islands company (the “Issuer”), the issuer of the CAPP tokens.
The processing of CAPP token purchases will be subject to the terms, conditions and privacy policy of the Issuer in addition to these Terms. We are not responsible for any errors committed by the Payment Processor, and reserve the right to correct any errors or mistakes made by the Payment Processor. By purchasing CAPP tokens on our Sites you agree to Payment Processor’s terms, conditions and privacy policy and hereby consent and authorize us to share with Payment Processor any information and payments instructions you provide to us to the minimum extent required to complete your transactions.
CAPP tokens are also available for purchase on KuCoin exchange (“Third Party Exchange”). If you purchase CAPP tokens on a Third Party Exchange, you are agreeing to such third party’s terms relating to payment and such other terms as may apply. We are not responsible for any issues related to the services provided by any such Third Party Exchange to you in connection with the purchase of CAPP tokens.
All sales of CAPP tokens on our Sites are final. No refunds for CAPP tokens will be offered or given, except in our sole and absolute discretion. If we discontinue providing any or all portions of the Service or if your account is terminated or suspended for any reason, you may keep any previously acquired CAPP tokens and use, or otherwise dispose of, such CAPP tokens, to the extent possible and legally permitted under applicable laws.
IF WE DETERMINE, IN OUR SOLE DISCRETION, THAT THE OWNERSHIP BY ANY INDIVIDUAL, GROUP OF INDIVIDUALS, ENTITY, OR GROUP OF ENTITIES CREATE MATERIAL REGULATORY LEGAL RISKS OR POTENTIAL ADVERSE EFFECT FOR US, WE RESERVE THE RIGHT TO REPURCHASE ALL CAPP TOKENS FROM SUCH CAPP TOKEN HOLDERS AT THE THEN-EXISTING MARKET PRICE.
If you are from the United States, we hereby inform you that to the best of our knowledge, the offer of CAPP tokens on our Sites and Third Party Exchanges does not represent the sale of a security. However, the SEC or a court of competent jurisdiction may reach an alternative conclusion. We offer no warranties or guaranties of any kind as to the treatment of CAPP tokens by the SEC, any other regulatory body, or any court of competent jurisdiction.
By default, in order to provide you with uninterrupted and hassle-free Service, once you have submitted your payment information, your will be automatically charged for subsequent time periods after the initial period where you authorize payment (each, a “Renewal Term”). For example, if you have paid for a monthly subscription, after the first month you will be automatically billed at the applicable rate for the following month. By paying for our Service and authorizing payment through the applicable Payment Processor, you explicitly authorize us to automatically charge you for any Renewal Terms after your initial payment. If you wish to remove automatic billing from your account, you should adjust your recurring payment settings in the applicable Payment Processor account you use to pay for our Services. You may also contact us at support@cappasity.com.
You may use a free account to try out our Services, and you may cancel your Cappasity subscription at any time. Except as set forth below, we do not issue any refund for paid subscription. To prevent incurring charges for Renewal Terms, the paid subscription must be cancelled at least one (1) day prior to the end of the current Renewal Term. Please be aware that the cancellation of a paid subscription will disable access to the paid services and may make some or all of your Content inaccessible after the end of contract term.
If you believe payment to us has been charged in error or you have paid for a subscription by mistake please contact us at: support@cappasity.com.
We may consider and grant certain refund requests for Cappasity subscription on a case-by-case basis and in our sole discretion.
Cappasity reserves the right to deny or cancel subscriptions and Cappasity may, in its sole discretion, terminate or suspend accounts. In the event that Cappasity terminates your account due to an actual or suspected violation of our Terms, we may refuse to issue refund in our sole discretion.
IN NO EVENT SHALL CAPPASITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT CAPPASITY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITES.
CAPPASITY SHALL NOT BE LIABLE FOR ANY OTHER REASON OR FOR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THIS CLAUSE IS PROHIBITED OR RESTRICTED BY APPLICABLE LAW, OUR LIABILITY SHALL BE LIMITED TO THE LOWEST LEGALLY REQUIRED AMOUNT. THE SERVICES ARE CONTROLLED AND OFFERED BY CAPPASITY FROM ITS FACILITIES IN THE UNITED STATES. CAPPASITY MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Our Sites and Services are provided "as-is". We may at our discretion and without notice to you change, modify, interrupt or terminate our Sites and Service. You agree that our Service may not always be error free, continuous or undisrupted. We will not be responsible for backing up or storing anything created on our Sites. You are solely responsible for backing up, storing or otherwise creating copies of any work created on our Sites and Service.
We make no representations or warranties as to the merchantability of our Service or fitness for any particular purpose. We disclaim all other warranties either express or implied in regards to our Sites and Service. you agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this agreement or our Services, for reasons including, but not limited to, failure of our Service, negligence, or any other tort. to the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to, if such a minimum exists.
You agree that we are not responsible in any way for damages caused by third parties who may use our Services, including but not limited to people who commit intellectual property infringement, defamation, tortious interference with economic relations, or any other actionable conduct towards you.
We are not liable for any failure of the goods or Services of our company or a third party, including any failures or disruptions, untimely delivery, scheduled or unscheduled, intentional or unintentional, on our website which prevent access to our website temporarily or permanently.
The provision of our Services to you is contingent on your agreement with this and all other sections of this agreement. Nothing in the provisions of this "Representations & Warranties" section shall be construed to limit the generality of the second paragraph of this section.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to defend, indemnify and hold harmless Cappasity, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: 1. your use of and access to the Cappasity Service; 2. your violation of any term of these Terms or any applicable laws; 3. your violation of any third party right, including without limitation any copyright, property, or privacy right; or 4. any claim that one of your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of our Sites and Services.
You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
Our Services may contain links to third-party platforms or websites (each, a “Third-Party Sites”), and you may be able to share your publications on the Third-Party Sites through our Service. You acknowledge and agree that we have no control over, and are not responsible for, these Third-Party Sites or their use of your personal information. We do not endorse, recommend or vouch for the security of such Third-Party Sites. We recommend that you review their terms of Service and privacy policies before accessing and using the Third-Party Sites.
At Cappasity we allow users to create Content which is user-generated and respect the fundamental right to speak freely. However, this is an online community so please be respectful and reasonable while communicating with others. Since third parties independently upload their Content to our Service, we are not liable for any defamatory Content posted on our website if published by a third party. We are a passive Service that only hosts Content generated by users we do not alter or produce any Content submitted. Although we may choose to edit or delete any clearly defamatory or illegal Content, we are not required to, and we reserve all defenses for such speech made available to us by Directive 2000/31/EC or Section 230 of the Communications Decency Act, applicable statutes, the common law and any laws within the European Union or the US Constitution.
We may use additional technologies or processes to screen for certain types of illegal content or other abusive content or behavior.
We take copyright infringement very seriously, and we have registered a Registered Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains: 1. Your name. 2. The name of the party whose copyright has been infringed, if different from your name. 3. The name and description of the work that is being infringed. 4. The location on our website of the infringing copy. 5. A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law. 6. A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent, info@cappasity.com or through the post at Copyright Agent, Cappasity Inc., 3501 Thomas Rd. Unit 3, Santa Clara, California, 95054
Although, the EU does not have a formalized copyright notification procedure, please use the procedure set forth above if you are a resident of the EU.
Cappasity and its Services may only be used by persons 13 years and older. Cappasity in no way targets children under the age of 13. If you are under 13 please stop using our site immediately and do not submit any information to us.
With respect to these Terms, you represent, warrant, and covenant that you:
A violation of the foregoing representations, warranties, or covenants will constitute a material breach of these Terms, and, in the event of such a violation, Cappasity may, at its sole option, terminate these Terms for cause and without further liability or obligation on the part of Cappasity. Any such breach will entitle Cappasity to seek to be indemnified by you and/or obtain injunctive and other emergency or equitable relief, in addition to any other remedies which may be available under applicable laws.
You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority associated with your use of the Cappasity Platform, and/or payable as the result of your purchase, ownership, sale, transfer, use and/or exploitation of any CAPP Token or other Platform content.
This Terms shall be governed by the laws in force in Delaware. The offer and acceptance of this contract is deemed to have occurred in Delaware.
You agree that any dispute arising from or relating to these Terms will be heard solely by a court of competent jurisdiction in or nearest to Santa Clara, California. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys' fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party's reasonable attorneys' fees, court costs, and disbursements.
You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of these Terms is found to be unlawful, conflicting with another provision of the Terms, or otherwise unenforceable, the Terms will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of these Terms are deemed to conflict with each other's operation, Cappasity shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under these Terms as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
We may terminate or suspend Service or your account or any other provision of Services to you at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate these Terms or your Cappasity account, you are solely responsible for properly canceling your account. Cancellation may result in the immediate deletion of any Content that you have submitted to Cappasity. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms to any other party at our discretion.
We may amend these Terms from time to time. When we amend these Terms, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Terms.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Cappasity must be addressed to our agent for notice and sent via certified mail to: Cappasity Inc., 3501 Thomas Rd. unit 3, Santa Clara CA 95054.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 3501 Thomas Rd. unit 3, Santa Clara CA 95054.
Last Modified: March 21, 2022
By continuing to browse or by clicking “Accept All Cookies,” you agree to the storing of first- and third-party cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. Find out more and change your cookies parameters by clicking here.