Welcome to Supermassiv!
Supermassive is owned and operated by Juicebox Technologies Inc. d/b/a Supermassiv (“we”, “us” or the “Company”). These are the terms that govern any use of our site (the “Site”), our mobile applications and our service (together with the Site, the “Service”), whether by artists providing music and related content (“Artists”) or by end-user fans who want to listen, watch and download (“Fans”). Both artists and fans collectively are “Users.”
Below are a few key highlights for each group - but please do read all of the terms because they are legally binding!
FOR ALL (USERS):
Age Restriction. The Site and Services are intended for use by persons 18 years of age or older. The Site and Services are not intended for children under the age of 13. Children under the age 18 but at least 13 years of age may use the Site and Services only with the verifiable consent of a parent or legal guardian who has agreed to be bound by these Terms and Conditions. Guardians, please be aware that certain content presented within the Site and Service may be inappropriate for minors and any asset denoted with an “e”, “explicit”, or PAL has been labeled as such by the Artist directly (and not by the Company, which assumes no responsibility for with respect to such labeling).
For Record Labels and Other Artist Representatives.
Additionally, you shall not:
You further agree not to (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
Finally, to use Supermassiv, you must not be prohibited. A Prohibited Person may register make use of the Site. “Prohibited Person” shall mean: (i) any resident, the government or a government official of Cuba, Democratic People’s Republic of Korea (North Korea), Iran, Syria or Crimea (a region of Ukraine annexed by the Russian Federation); (ii) any person or entity controlled by a person listed on the “Specially Designated Nationals and Blocked Persons” (“SDN”) List and the Non-SDN List, including the Sectoral Sanctions Identifications List, published by OFAC; the Section 311 Special Measures for Jurisdictions, Financial Institutions, or International Transactions of Primary Money Laundering Concern published by FinCEN; and, any other foreign terrorist organization or other sanctioned, restricted, or debarred party; or, (iii) any person that Company, it is sole discretion, deems to have violated any of the Terms. The company may use or license tools for Know your customer and anti-money laundering “KYC/AML” to verify that users are not prohibited.
Fan Personal Information – Fans. As a condition to using certain features of the Service (including, without limitation, the free download feature, or making a purchase from Company or an Artist), you may be required to provide certain personal information to Company or relevant Artists, such as your, name, location, profile image, and goods you’ve purchased from them (“Fan Information”).
You may register with the Company as a fan and create a user account (“Fan Account”), which will allow you to access certain features of the Service that are only available through Fan Accounts, such as a “wallet” to access purchased content, a list of favorites, playlists and queues, and the ability to follow Artists. Following an Artist and/or purchasing content from an Artist gives that Artist access to your email address, as does making a purchase from an Artist while logged in to your Fan Account. Artist’s may receive such Fan Information after a follow or purchase by the Fan, the Company requires each Artist to agree to the terms set forth in the next section of this Agreement. However, you acknowledge that Company has no control over the use of the Fan Information by the Artists, and you further acknowledge and agree that Supermassiv 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 Artists’ use of such Fan Information.
Standard goods Products available on via the Company that may be either a digital good or physical good. Digital goods may include access to streaming content or downloadable content which may include any format of audio, video, or text or may be an asset that grants access or membership such as an electronic invite for an event. Digital goods included in standard goods exclude any asset which requires Blockchain technology “Blockchain” to exist. Physical goods are tangible or provide access or membership to an event, which are material in nature such as merchandise or event tickets. **NFTs. ** For purposes hereof, “NFTs” means the aggregate of assets that utilize Blockchain technology created to be “non-fungible,” and are non-convertible to any currency whatsoever (fiat, virtual, or to a ‘cryptocurrency’), NFT possession, associated media or data (“associated content”) accessed by the company the Company and generally excludes the underlying copyright of such assets. NFTs are only capable of storing two values, a reference to an owner wallet (as defined below) and a URI (a reference to an online address) which store metadata that correlates to the media and associated metadata.
Wallet. A pair of two data points on the blockchain of a public blockchain address and a secret passphrase. The public address acts as an identifier to be referenced by tokens on the blockchain to denote ownership. Users can connect their own wallets which they personally manage or use a “custodial wallet,” which is a wallet controlled and protected by the Company.
**Holder. ** NFTs exist as an asset on the Blockchain and will always reference an account which has ownership permission. A holder of an NFT may be either i.) the user who has purchased, but currently has that asset stored in a custodial wallet managed by Supermassiv or ii.) the actual current referenced owner’s blockchain wallet address if the asset is no longer being directly managed by Supermassiv via a custodial wallet.
Marketplace. The interactions on the Supermassiv platform between users where they may resell NFTs to other users.
Fees and Payments for Standard Goods – General Supermassiv facilitates payments for purchases of Content including digital Content which may be made available via download and streaming through the Service (“Digital Content”) and physical merchandise (“Merchandise”). Each such purchase is a “Transaction,” each Transaction involving Digital Content is a “Digital Transaction,”, and each Transaction involving Merchandise is a “Merchandise Transaction.”
Fees and Payments for Standard Goods – For Fans. You may purchase products and/or services from an Artist through the Site, including, without limitation, purchases of Content including Digital Content, Merchandise. All inquiries regarding Merchandise Transactions can be directed to the Company as provided on the Site.
All sales of Digital Content are final (except where prohibited by law), unless otherwise determined by Company. If you do not receive the Digital Content or otherwise have an issue with the Digital Content delivered, please contact the Company with your request and proof of payment, and we will notify the relevant Artist and work with them to resolve your issue. At our sole discretion, you may be credited or refunded for the Digital Content. However, you understand and agree that the Companyis a platform that Artists use to sell their products, and the Digital Content is derived from files provided by the relevant Artist, and the relevant Artist is solely responsible for such files.
Your total price for Digital Content will include the price of the product plus any applicable sales tax; such sales tax is based on your location and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states or countries where digital goods are taxable.
Content you purchase in a Transaction cannot be guaranteed to be available to you perpetually. For example, if we receive a notification of claimed infringement from a copyright owner or its agent with respect to specific Content, then U.S. law may require us to remove that Content from the Service and not make it available for future sale and we may also have to deny continued access to anyone who previously purchased such Content. This means that you may lose access to purchased Content previously available to you through the Service.
If we are required by law to deny access through the Service to previously purchased Content, including by removing access to Content from a user’s personal collection through any mobile application, then Company and Artists will not provide the user who purchased that Content with a refund, except as required by applicable law. Users bear all risk from the denial of access to any Content purchased through the Service.
Associated Content. Subject to the terms and conditions of the Terms, each holder of an NFT may NOT promote, showcase, display, stream, share, list or exhibit associated content in any manner that may be deemed public without the express written permission of the underlying copyright owners of the associated content. Associated content may only be accessed via Supermassiv platform, and access may require further verification from such holders.
NFT highlights. Subject to the terms and conditions of the Terms, each holder of an NFT is also granted a worldwide, non-exclusive, non-transferable, non-sublicensable, royalty-free right and license, solely during that period of time during which such holder Owns an NFT, to use and display NFT cover image (still image), NFT title, description, and additional meta data excluding any video or audio that is specifically associated with such holder’s NFT solely for individual, personal, noncommercial use(s) in order to (i) promote, in any and all media, a holder’s planned Transfer of the NFT, and/or (ii) promote and showcase, in any and all media, such holder’s ownership of the applicable NFT**.**
Resale Transactions. (a.) Resale transactions for NFTs have fixed commission rates for both the company and the artist. These are stored in a standard format which may or may not be recognized and respected by third-party marketplaces. All resale transactions that occur on the marketplace within Supermassiv will pay the fixed commissions to the company and artist on every transaction. All resales transactions are only supported with non-fiat, blockchain based payment methods.
(b) Accounts. In order to be eligible to participate in resale transactions, users must register and create a personal account within Supermassiv platforms. Every account that participates in resale transactions is subject to compliance and approval of any necessary KYC/AML requirement. While Supermassiv’s platform will display eligible NFTs for resale, the final sales and NFT transfers will occur via the blockchain “on-chain” and outside of the Company’s platform and parties engaged in these activities will need to confirm or reject the transaction requests which include the transfer of the asset, payments or receiving of currency net (“less”) any commission/royalty splits. (“Marketplace Account”). Registration and creation of a Marketplace Account are both accomplished directly on the Site. You must provide accurate and complete registration information when you create a Marketplace Account. By creating a Marketplace Account, you agree to provide accurate, current and complete account information about yourself, maintain and promptly update your account information as necessary and keep and maintain the security of your account information. Company reserves the right to reclaim usernames without liability to you. You are responsible for the security of the username and password associated with your Marketplace Account. Once signed-in with a Marketplace Account, registered users will have full access to Marketplace content and features and will be able to view all available Marketplace Token offerings. You accept all liability and risks regarding any unauthorized access to your Marketplace Account.
(d.) Token Transfers. Tokens are initially held in the Company custodial wallet. Company provides enterprise grade custodial services for your NFT for free. You can Transfer any NFT to other registered users through the Marketplace. You may not list any non-fungible token that was not created on the Site by Company for sale in the Marketplace. These purchase transactions will be processed for execution and recorded on the Company internal databases. Subsequently to a purchase and subject to an applicable holding period, typically 30 days or less, based on Company’s then-current chargeback and risk-mitigation policies, which may be updated from time to time, and further subject to your compliance with any necessary KYC/AML requirements, settlement and payouts of sales proceeds will be available to you in USD fiat currency provided that you have linked a valid bank account to your Marketplace Account. You may Transfer your NFT to a self-custodied crypto wallet on the applicable blockchain through an export function from the Marketplace. You may use an import function to redeposit your NFT at a later date, in order to take advantage of enterprise grade custodial services provided by the Company for free.(e.) Taxes. In no event shall the Company be responsible for determining the tax implications of your transactions on the Marketplace. You are solely responsible for determining what, if any, taxes apply to your Marketplace transactions.
(e.) Market Default Risk. There is always a risk that one or more resale participants will renege, default, or otherwise fail to honor their financial obligations or will be unwilling or unable to abide by the terms of their agreements.The company reserves the right to suspend any user who persists or has a demonstrated pattern of failing to fulfill their obligations.
NFTs are risky, you assume all the risks when participating with NFTs. You assume any and all risk arising out of your use of the Site (including reselling). Those risks may include, but are not limited to, the following:
(a.) **NFT Market Risk.**Market prices for NFTs can be volatile and highly unpredictable. Whether the future market price for a NFT will move up or down or even sustain a market value is a speculation and unknowable. The Site makes no representations or warranties about the future market price of any NFT or whether a NFT will always be tradable on the Marketplace. In agreeing to the Terms, and in accessing the Site, you disclaim any reliance on Company regarding the future market price or tradability of any NFT. Notwithstanding anything contained in any of the Terms to the contrary, any NFT is subject to delisting and/or takedown, without or without prior notice, in the sole discretion of the Site.
(b) Liquidity Risk. Markets for NFTs may be illiquid. There is no guarantee that the market for any NFT will be active and liquid or permit you to liquidate NFTs when desired or at favorable prices.
(c.)Legal Risk. Although NFTs are intended to be collectables, not investments, the legality of owning NFTs, buying, selling or trading of them may not be clear and may vary under the laws of different jurisdictions throughout the world. The Company is not registered as a broker-dealer or an investment adviser in the United States or anywhere else in the world. Whether and on what basis a NFT may constitute property, an asset, a security or a right varies from one jurisdiction to another. You are responsible for knowing and understanding the laws applicable to you or your property, rights or assets and taxes on the NFTs you trade.
(d) Risk of Account Freeze. The Company may freeze your Marketplace Account, including any assets within your custodial wallet, in the event that you are believed to be engaged in suspicious activity or to be in breach of any of the Terms. If your Marketplace Account is frozen, you will not be able to make Acquisitions or Transfers to or from your Account. This may result in the closure of your open orders.
(e) Conflicts of Interest. The Company charges fees for trading and therefore benefits from secondary trading activity regardless of whether the trading is profitable to you. The Company has no duty to act on your behalf and undertakes no responsibility to do so.
(f) **Regulatory Framework.**The current regulatory framework governing digital NFTs, crypto-currencies and/or blockchain technologies is nascent and uncertain, and new regulations or policies may materially adversely affect the potential value of your NFT(s).
(g) Total Risk of Loss. You are able to bear a total loss in the value of your NFTs. Commissions. For the initial sale of goods, there is a fixed rate of 20% that is collected by the company prior to dispersing payments to the artist. For resale transactions on the marketplace, there is a fixed rate of 2.5% for the company as well as 2.5% for the artist prior to dispersing payments to the selling user. Fees and Payments – For Artists. As an Artist (or as an Artist Representative), you will be able to utilize Service-provided functionality to set the prices for your products and services that are charged through Transactions (the “Prices”) through the Site. Depending upon the product, the Service functionality may allow you to set a specific price. Please note that our pricing functionality may include limitations and options that are subject to change (such as mandatory rounding to the nearest dollar, tiers of prices, bundles…etc.) and your pricing optionality will be limited to the functionality and options that we may present from time to time. We may change our pricing functionality at times and, if any such change impacts Prices for your products and services, we will reasonably attempt to minimize such change; provided that if you do not agree to such a change, your only remedy is to remove the applicable product or service. In all cases, we may redistribute previously purchased copies of your products to users who have, in our sole determination, received a corrupted copy of your product, an incorrect file format version of your product, an incomplete copy of your product, or suffered a loss of your product through hard drive failure, damage, theft or destruction, on a no-fee basis to the user (i.e., the user is not charged a new fee for the redistribution). Such redistribution may be effectuated by allowing a user to access a replacement copy themselves. A user that has a Fan Account will also be permitted access any previously purchased Content from an Artist. In the event of any of the foregoing redistributions, no additional payments shall be made to you for such redistributions.
Company shall be entitled to a share of the revenue you receive from Transactions (the “Revenue Share”), which shall be calculated on your gross revenue from Transactions, not including any Transactions for which you or we provide a refund, in accordance with the rate schedule set forth. You shall be solely responsible and liable for, and Company shall have no responsibility or liability for, any Stripe (see “Stripe Terms” section below) fees (except for fees charged on Company’s Stripe account), credit card transaction fees (together, “Fees”), bad debts (such as credit card returns or fraud), disputed payments, and refunds, except as provided in this Agreement.
Company may withhold any taxes, duties, charges or levies on payments by Company to you pursuant to this Agreement as may be required by applicable law, rule or regulation. Supermassiv shall remit any such withheld taxes, duties, charges or levies to the appropriate tax authority.
For Merchandise Transactions payments received from users for Merchandise shall be directed to you less any fees to produce the goods or fulfill shipping, unless there is an outstanding Revenue Share owed to Company in which case such payments may be directed to Company in accordance with Company’s standard policies. Supermassiv may retain funds otherwise payable to you if Supermassiv is required or chooses to provide a refund on your behalf.
When you receive a payment for Digital Content, you are liable to Company for the full amount of the payment sent to you plus any Fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment sent by the sender, plus the applicable Fees if there is a chargeback, a dispute, or if there is a reversal of the payment. You agree to allow Supermassiv to recover any amounts due to Supermassiv by debiting your account or withholding any Artist Payout or Subscription Fee. If there are insufficient funds to cover your liability, you agree to reimburse Supermassiv through other means.
Company retains the right, but does not have the obligation, to immediately halt the offering or sale of any goods or services, prevent or restrict access to the Site or the Services or take any other action in case of technical problems, objectionable material, inaccurate listings, or actions otherwise prohibited by the procedures and guidelines contained on the Site, or for any other reason in the sole and absolute discretion of Company, and to correct any inaccurate listing or technical problems on the Site. Company may immediately halt the offering or sale of any goods or services upon receipt of notifications of claimed infringement, upon acquiring knowledge of actual infringement, or becoming aware of facts or circumstances from which infringing material is apparent with respect to any goods or services.
Stripe Terms (for Artists) The Company uses the Stripe platform and API and your Stripe account (via Stripe’s platform) to process debit and credit card payments for your Service account. The Service as defined by the Stripe Terms of Service is a “Partner Application”. By using the Service and agreeing to these Terms you also accept and are bound by Stripe’s Terms of Service. You understand and agree that the Company shall not be held liable for any payments and monetary transactions that occur through Your use of the Service and that all such payments and transactions are handled by Stripe. You agree that the Company shall not be held liable for any issues regarding financial and monetary transactions between You and any other party, including Stripe. You are solely responsible for all transactions (one-oﬀ, product purchases, recurring subscriptions, refunds and cancellations) processed through the Service, the Company and/or Stripe. The Company will not be liable for any losses or damages arising from invalid or fraudulent transactions through usage of the Service or connected Stripe accounts. This includes but is not limited to transactions that were not processed due to a network communication issue. If you process a transaction it is Your responsibility to ensure it has been fully settled. The Company uses the Stripe API to facilitate payments via the Service, the Stripe API is subject to change at any time and such changes may adversely affect this Service. You hereby concede to holding the Company liable for any affects intentional or unintentional that Stripe’s actions may cause to your Service account, your Stripe account, or your business. You must not process credit or debit cards through the Company which you are not authorized to do so, or which are stolen. You understand that you are subject to any fees Stripe charges for all transactions made through the Company and Your Stripe account.
Fees and Payments – For Marketplace. Transactions that occur on the marketplace directly occur on the blockchain and are not processed by Supermassiv. Buyers are responsible for transaction fees that occur on the Solana blockchain network and assets are immediately processed for transfer upon confirmation of both parties. At a transaction request, the seller is notified and is responsible to accept the transaction before it expires. The company may disable resale capabilities within Supermassiv for any user for repeated behaviors of not accepting transactions.
Third Party Site. The Service may permit you to link to other websites, applications or resources on the Internet, and other websites, applications or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Company’s control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company 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 website or resource.
Content and License. You agree that the Service contains Content specifically provided by Company or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
For End Users. Company grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content’s copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
Intellectual Property Rights – Artists. The Service provides Artists with the ability to upload Digital Content owned or controlled by such Artists to the Site, including but not limited to sound recordings (“Sound Recordings”), videos including videos synchronized with Sound Recordings and other audiovisual works (collectively, “Videos”), and the musical works embodied within Sound Recordings and Music Videos (“Musical Works” and, collectively with Sound Recordings and Music Videos, the Artist’s “Music”). Company will not receive any ownership rights in any elements of an Artist’s Music. However, in order to provide the Service, each Artist grants the limited license rights set forth below to Company. Each Artist uploading Music to the Service grants Company and its authorized sublicensees and distributors, if any, the worldwide, non-exclusive, royalty-free, right and license to: (i) reproduce, distribute, publicly perform (including on a through-to-the-audience basis and by means of a digital audio transmission), publicly display, create derivative works of, communicate to the public, synchronize and otherwise exploit (collectively, “Exploit”) (1) the Artist’s Music and perform the Service on the Artist’s behalf (e.g., reproduce, transcode, copy and store the Artist’s Music on computer servers owned and/or operated by or on behalf of Company or its authorized sublicensees and distributors, and publicly perform, transmit, synchronize, stream, distribute, and playback the Artist’s Music) using any technologies or methodologies now known or hereafter developed, and (2) Exploit all associated copyrightable works or metadata, including, without limitation, song lyrics and musical notations, album cover artwork, photographs, graphics, and descriptive text (“Artworks”) in connection with the Service); (ii) allow users of the Service to receive public performances and public displays of the Artist’s Music and Artworks and to reproduce the Artist’s Music and Artworks on any and all devices owned or controlled by the user for non-commercial purposes and receive performances and displays of same; and (iii) reproduce, use, and publish, and to permit others to reproduce, use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of the Artist, in connection with the provision of the Service.
To enable Company to Exploit your Music pursuant to the above provisions, as an Artist you hereby grant to Company the worldwide, non-exclusive, royalty-free, sublicensable, and transferable right to use, distribute, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights, as well as your name, likeness and images of You that you provide (collectively, the “Trademarks”) solely in connection with the Service or in the marketing, promotion or advertising of the service, including in all forms of marketing, promotion, and advertising materials now known or hereafter created.
By uploading any Music or Artworks to the Site:
Warranty Disclaimer. Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; 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 Company from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any Content contained in or accessed through the Site, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service. The Service is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Company, and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the service is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements. Your use of the service is solely at your own risk. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
Limitation of Liability. In no event shall Company, nor its directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one-hundred U.S. dollars ($100.00). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Because Company is not the buyer or seller in any Merchandise Transaction, if a dispute arises between one or more participants in a Merchandise Transaction, then you release Company (and its affiliates, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, then you waive California civil code §1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You, being aware of said code section, hereby expressly waive any rights you may have thereunder, as well as under any other statutes or common law principles of similar effect. You acknowledge and agree that this waiver is an essential and material term of this Agreement, and that without such waiver, this Agreement would not have been entered into by Company.
Because Company is not the buyer or seller in any actual Merchandise Transaction between Artists and fans and is not the agent of either for any purpose, Company does not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any such Merchandise Transaction. Artists are individually responsible for compliance with all consumer rights laws applicable to their Merchandise Transactions, including EU Consumer Rights Laws.
International/Non-California Use. Company makes no representation that the Content is appropriate or available for use in locations outside of California, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Los Angeles County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
DMCA. The company has adopted the following general policy toward claims of infringement with respect to intellectual property owned or controlled by third parties in accordance with the Digital Millennium Copyright Act . The address of Company’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy. It is Company’s policy to remove access and material that it believes in good faith to be the intellectual property of a third party (e.g., copyrights) that have been unlicensed or illegally copied and distributed. The company has a strict policy to review up and take action up to and including immediately terminating the account infringing user. If you believe that material or content residing on or accessible through the a company website, app, or service infringes an intellectual property right that you own or control please report online via our takedown request form at https://supermassiv.co/dmca