Last updated: November 7, 2018
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Cappasity platform (the "Service") operated by Cappasity Inc. and subsidiaries ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) authorized by our platform in connection with each Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time in our discretion for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. In addition, we reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
As a condition of using the Service, you agree not to use the Service for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Service and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You agree you SHALL NOT:
We may terminate your access to and use of the Service if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated our rights or the rights of any third party, or for any other reason, with or without notice to you.
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
We use blockchain infrastructure to store and manage 3D digital asset copyrights. CAPP token, an ERC-20 Ethereum token, is issued to store the digital asset copyrights and as a payment solution for the Service.
We offer CAPP tokens for sale on our platform as an alternative and more convenient payment method for the Service. The price of CAPP tokens depends on supply and demand for CAPP tokens and for the Service 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 Service and not as an investment. The CAPP token sale transactions on our platform are processed by Cappasity Technologies International Ltd, a Cayman Islands company (the “Payment Processor”), the issuer of the CAPP tokens.
CAPP tokens are also available for purchase on KuCoin, IDAX and Cryptopia exchanges (“Third Party Exchanges”). 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 platform 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 platform 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.
Some parts of the Service are billed on a subscription basis ("Subscription"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or an annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it as of the end of such Billing Cycle. YOU EXPLICITLY AUTHORIZE US TO CHARGE YOUR PAYMENT METHOD WITHOUT PROVIDING ADDITIONAL NOTICE TO YOU WITH RESPECT TO ANY SUCH AUTOMATICALLY RENEWED BILLING CYCLE. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.
A valid payment method, including credit card, PayPal or CAPP tokens, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the Billing Cycle indicated on the invoice.
You are responsible for paying all taxes on all fees that you pay to us. Taxes may differ based on your payment method.
We may, in our sole discretion, from time to time offer Subscriptions on a free trial basis ("Free Trial"). Free Trials may be governed by rules that are separate from these Terms of Service and in any event, restrict the 3D content that can be shared using a Free Trial to non-commercial usage.
At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel any such Free Trial offer.
We may, in our sole discretion and at any time, modify the fees that we charge for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
We will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
We may consider and grant certain refund requests for Service Subscriptions on a case-by-case basis and in our sole discretion.
Our Service allows you to post, link, store, export, share and otherwise make available certain information, text, graphics, videos, 3D models, 3D views or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. We reserve the right but not the obligation to monitor and edit all Content provided by users.
For content that is covered by intellectual property rights, like photos, 3D Views, 3D Models and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on our platform (“IP License”). This IP License terminates when you delete your Content or your account unless your Content has been shared with others on the platform, and they have not deleted it.
When you delete 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).
In addition, Content other than your Content, that you find on or through the Service, as between you and us, is our property. 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.
When you create an account with us, you represent that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service, its features and functionality and its 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 Service, but excluding Content provided by users, are and will remain our exclusive property. The Service is 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 Service. 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.
Our Service may contain links to third party web sites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that we 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 third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
In the event that your account or access to the Service is terminated or suspended whether by you or by us, you will not be entitled to any refund with respect to amounts prepaid for the Service and unused, nor will any CAPP tokens be credited or reimbursed to you in any form, including cash, goods, or points, whether in the virtual or “real world.”
If your account is terminated or suspended by us, we reserve the right to, and you agree that we may, terminate or suspend any of your other accounts and refuse to open future accounts for your use of the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold us harmless together with our licensees and licensors, and our respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
In no event shall we, or our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service, including interruptions of the Service caused by software or hardware failures; (ii) any loss or damage to accounts, user content, CAPP tokens, or other data or information, even if due to delays, non-deliveries, errors, system down time, misdeliveries or Service interruptions caused by us, or by you or by any other user's errors and/or omissions; (iii) any conduct or content of any third party on the Service; (iv) any content obtained from the Service; and (v) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
OUR AGGREGATE CUMULATIVE LIABILITY TO YOU ARISING FROM OR RELATED TO THESE TERMS, THE SERVICE, AND CONTENT THEREON, FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU HAVE PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM GIVING RISE TO THE LIABILITY.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
We do not warrant that (a) the Service will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about us 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.
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 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
We may update these Terms of Service at any time with or without notice.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms of Service, please contact us by email firstname.lastname@example.org