These Terms of Service (The "Terms of Service") govern use of the websites and services(the "Services") of Diaspora, Inc., a Delaware corporation(together with its affiliates, "Diaspora”), in addition to any supplemental terms applicable to any particular features, content and functionality of the Services, where such supplemental terms are incorporated by reference into the Terms of Service.
Diaspora, provides a software service.It is a tool for crowdfunding for Project Creators.In these Terms, We refer to these software services, provided through the Internet, web - sites, emails, applications, and other ways as the“ Service”, “Services”, or as“ BackerKit”.We refer to people and entities administering project surveys as“ Project Creators” and to their surveys on BackerKit as“ Projects”.We refer to those who have already funded a Project on another platform as“ Platform Backers”, and that funding event as a“ Platform Pledge”.We refer to those funding a Project on BackerKit(as a first occurrence funding event, or as an additional follow - up funding after a funding event on another platform) as“ BackerKit Backers, ”and we refer to that funding event at a“ BackerKit Pledge”.We refer to both sets of the backers mentioned immediately above as“ Backers”, and both sets of pledges mentioned immediately above as“ Pledges”.Project Creators, Backer, and other visitors to the Services are referred to collectively as "Users." Users can have accounts on BackerKit which represent information personal to them, and accessible only by them(“User Account”).
All information submitted in connection with a User Account must be accurate and truthful.Users agree to notify Diaspora immediately if their User Account has been used without authorization or there has been any other breach of security of the User Account.Each User also agrees to provide additional information Diaspora may reasonably request and to answer truthfully and completely any questions Diaspora might ask you in order to verify such User 's identity.
Diaspora grants each User a limited, non - exclusive, non - transferable, revocable license to use the Services subject to such User 's eligibility and continued compliance with the Terms.
Project Creator’ s Responsibilities
Project Creators responsibilities include but are not limited to the following:
Project Creators are permitted to offer Rewards to Backers.Project Creators Owners will respond promptly and truthfully to all questions posed to them by Diaspora or any Backer.Project Creators will comply with all applicable laws and regulations in the use of Pledges and delivery of Rewards.Project Creators are responsible for collecting and remitting any taxes on Pledges, and any taxes due in connection with Rewards.
Backer responsibilities include but are not limited to the following:
* BackerKit Backers and all Users are solely responsible for asking questions and investigating Project Creators and Projects to the extent they feel is necessary before making a Pledge.
* All pledges are made voluntarily and at the sole discretion and risk of the Backer.BackerKit makes no assertions whatsoever about Platform Pledges.BackerKit does not guarantee that BackerKit Pledges will be used as promised, that Project Creators will deliver Rewards, or that the Project will achieve its goals.BackerKit does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Project, Reward or Pledge, or the truth or accuracy of User content posted on the Services.
* Backers are solely responsible for determining how to treat their Pledges and receipt of any Rewards for tax purposes.
If a Pledge is returned to a Backer, the associated Rewards,if any, shall be canceled.
Diaspora has the following rights:
* Diaspora can make changes to BackerKit without notice or liability.
* Diaspora has the right to decide who is eligible to use BackerKit.We can cancel accounts or decline to offer our Services.
* Diaspora can change our eligibility criteria at any time.If these things are prohibited by law where you live, then we revoke your right to use BackerKit in that jurisdiction.
* Diaspora has the right to reject, cancel, interrupt, remove, or suspend any Project at any time and for any reason.
* Diaspora is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
* Diaspora reserves the right to prohibit or remove a Project for any reason, including if the Project Creator is significantly delayed by in fulfilling a prior crowdfunding project on BackerKit or any other platform.
Project Creators and Backers may communicate using BackerKit as in the following ways, among others:
* A.Project Creators may have previously, either directly or on another platform, or by some other means, offered gifts or rewards in the form of tangible items or intangible services(collectively, "Rewards") to Platform Backers and / or Users.In these occurrences, BackerKit can be used as a survey software allowing Project Creators to solicit Platform Backers and other Users to provide information, such as Reward delivery address or Reward style preference.BackerKit allows Project Creators to format and present that information in useful, ready - to - use formats.
* B.Project Creators may use BackerKit to communicate to Platform Backers the means by which they can make additional pledges(BackerKit Pledges), or communicate to Users the means by which they can make pledges(BackerKit Pledges).In these occurrences, Backers may use BackerKit as a means of interfacing with third - party payment services and may use BackerKit to cause third - party Payment services to collect payment information.In these instances, Project Creators may then also use BackerKit to interface with third - party Payment services to cause those third - party Payment services to collect funds from BackerKit Backers.BackerKit then allows Project Creators to format and present that information in useful, ready - to - use formats.
Regardless of how BackerKit is used, the following apply:
* Rewards are not offered by Diaspora
* Diaspora is not party to any transaction with Backers.Aside from transactions between Diaspora and Project Creators specifically mentioned below under“ Service Fees”, Diaspora is not party to any transaction with any User.
* Diaspora makes no representations about the quality, safety, morality or legality of any Project, Reward, or Pledge, or the truth or accuracy of User Content(as defined below) posted on the Services.
* Diaspora does not represent that Project Creators will deliver Rewards or that Pledges will be used as described in the Project or on any other Platform.
* Users use BackerKit at their own risk.
Diaspora provides BackerKit as software service for Project Creators and nothing more.When a Project Creator posts a project on BackerKit and allows BackerKit Pledges, they’ re inviting other people to form a contract with them.Anyone who backs a project is accepting the Project Creator’ s offer, and forming that contract.When this occurs, Diaspora is not a party to this contract.The contract is a direct legal agreement between creators and their backers.Here are the terms that govern that agreement:
Throughout the process, Project Creators owe their backers a high standard of effort, honest communication, and a dedication to bringing the project to life.At the same time, Backers must understand that when they back a project, they’ re helping to create something new— not ordering something that already exists.There may be changes or delays, and there’ s a chance something could happen that prevents the creator from being able to finish the project as promised.
If a Project Creator is unable to complete their endeavor and fulfill Rewards, they’ ve failed to live up to the basic obligations of this agreement.To right this, they must make every reasonable effort to find another way of bringing the project to the best possible conclusion for backers.A Project Creator in this position has only remedied the situation and met their obligations to Backers if :
they post an update that explains what work has been done, how funds were used, and what prevents them from finishing the project as planned;
they work diligently and in good faith to bring the project to the best possible conclusion in a timeframe that’ s communicated to backers;
they’ re able to demonstrate that they’ ve used funds appropriately and made every reasonable effort to complete the project as promised;
they’ ve been honest, and have made no material misrepresentations in their communication to backers; and
they offer to return any remaining funds to backers who have not received their reward( in proportion to the amounts pledged), or else explain how those funds will be used to complete the project in some alternate form.
The Project Creator, not Diaspora, is solely responsible for fulfilling the promises made to Users.If an obligation to deliver Rewards exists, it rests solely with the Project Creator, and not Diaspora.If The Project Creator is unable to satisfy the terms of this agreement, they may be subject to legal action by Backers.
Diaspora may, from time to time, help facilitate communication between Project Creators and BackerKit Backers.Diaspora may also sometimes provide guidance to Project Creators, Backers, and other Users concerning payment disputes.Diaspora may attempt to help the parties move to a mutually satisfying resolution.When such occurrences happen, the provision of any such guidance in any communication shall be considered common - sense, and not expert, financial, or legal advice.Any guidance provided by Diaspora to Project Creators, Backers, or Users in will not be construed as acceptance of any official involvement in the dispute as advisor, mediator, arbitrator, fiduciary, or any other legally meaningful role.
Project Creators may be legally bound to perform on any promise and / or commitment to Backers(including delivering any Rewards).Diaspora does not recognize any third - party and / or agency affiliated with the Project or Project Creator.Diaspora is not involved in , and is under no obligation to become involved in , disputes between Project Creators, Backers, Users, or any third - party.
In addition, Diaspora is under no obligation to become involved in disputes regarding the determination of a Project’ s rightful Project Creator, and will not be obligated to make any changes to Project Creator accounts or transfer of ownership.
In the event of any dispute, such as a Project Creator 's alleged failure to comply with the Terms, or alleged failure in fulfillment of a Reward, we may provide the Project Creator' s contact information to Users so that the two parties may resolve their dispute.
Diaspora does not have access to, control, or otherwise have any special relationship to Platform Pledges made by Platform Backers.Diaspora’ s only connection to Platform Pledges is to import the pledge amounts as data from other Platforms and represent that data in useful formats for the Project Creator.
These are the terms that apply to Backers who have make BackerKit Pledges:
* Diaspora does not charge credit cards or collect funds from Backers.BackerKit is a software service that allows Project Creators to use third - party Services, such as Stripe or Paypal, to collect payment information and charge credit cards easily.
* BackerKit Services may allow Project Creators to interface with third - party payment services to reserve a charge on your card.
* Only Project Creators can change a pledge amount or cancel Platform Pledges or BackerKit Pledges.While Disapora customer support personnel may, at times, press buttons in BackerKit that ultimately cause third - party payment services to refund charges, they will only do so in a technical support role, at the expressed wishes of Project Creators experiencing technical difficulties.Diaspora assumes no agency or responsibility for the processing or refunding of pledges.Arrangements to cancel pledges or refund cards are between Project Creators and Backers, and Diaspora is not party to any such arrangements.
* Diaspora does not offer refunds.Responsibility for finishing a project lies entirely with the Project Creator.
* Diaspora does not hold funds on the Project Creator 's behalf. Diaspora cannot and does not guarantee any Project Creator’s work.
* The Estimated Delivery Date is the Project Creator’ s estimate.The date listed on each reward is the Project Creators estimate of when they will provide the reward— not a guarantee to fulfill by that date.The schedule may change as the creator works on the project.We ask Project Creators to think carefully, set a date they feel confident they can work toward, and communicate with Backers about any changes.
These are the terms that apply to Project Creators who allow BackerKit Pledges:
* You can refund individual pledges if you want.You can refund and cancel a BackerKit Pledge at any time.If you do, you have no further obligation to that specific backer, and no agreement exists between you.
* Some BackerKit Pledges can’ t be collected, which might reduce the amount of funding you may expect to get.Because some payments can’ t be collected— for instance, when a backer’ s credit card expires before a Project Creator charges cards, and the Backer does not provide updated information.Diaspora cannot guarantee that the amount of funding you receive will be exactly equal to the full amount pledged minus fees, or that total representations of funds in BackerKit or elsewhere will be accurate.
Diaspora does not provide expert advice for Project Creators or Backers.Crowd - funding is a relatively new phenomenon, and there are many outstanding legal questions concerning crowdfunding, including but not limited to questions regarding the exact legal status of Pledges and Rewards, tax ramifications for Pledges and Rewards, customs declarations practices, as well as many others.
All communications made by Diaspora, either directed personally or to the public at large, or any specific public, does not provide professional, legal, or financial advice to Users or any other individuals, and assumes no fiduciary duties of Users.When Diaspora comments on common practices, “best - practices”, successful tactics, or observations made concerning activities on BackerKit or any other platform, those communications are not to be construed as advice.They are simply observations made by the Diaspora staff.All Users of BackerKit are encouraged to seek appropriate guidance from legal and financial advisors concerning any legal or financial question they may have.
Diaspora may, from time to time, highlight specific Projects on BackerKit or other platforms as interesting or noteworthy.Any such recognitions, including but not limited to being featured in ‘BackerKit Crowdfunding Favorites’, ‘BackerTracker’, or other categories, tags, or recognitions, or granting permission to use BackerKit badges or branding, shall not be construed as Diaspora’ s endorsement of any particular Project, endorsement of the actions of any Project Creator, or any guarantee of a Project’ s worthiness, probability of being funded on any platform, of delivering on promises, or of fulfilling Rewards.
Prohibited uses of BackerKit branding
Users are not permitted to use BackerKit colors, branding elements, or badges in BackerKit or on any other platform or in any other way that could be interpreted as having been produced by BackerKit, as implying an endorsement by BackerKit, as implying that BackerKit has made a specific comment as to a Project’ s probability of successfully being funded on any platform, of delivery on promises, or of fulfilling Rewards.
Setting up an account on BackerKit is free.We do not charge our Service fees to Backers, or any Users that are no Project Creators.From Project Creators, fees may be applied in the following ways, depending on which service plan is selected:
* Setup Fee– A nonrefundable fee for customer onboarding, which includes a Diaspora representative to do a“ best pass” review of a Project’ s setup to optimize for succes.
* Platform Pledge Fees– for use of BackerKit.Based on plan selected, these fees are calculated as a portion of Platform Pledges, and must be paid by Project Creators to Diaspora before a Project Creator will be allowed to email Backers with survey login links.
* Ongoing Import Platform Pledge Fees– In the case of additional Platform Pledge information being imported into BackerKit after the initial payment of Campaign Platform Pledge Fees, additional Platform Pledge Fees will be levied for additional Backers imported, and must be paid by Project Creators to Diaspora.
* Add - on Fees for funds raised in BackerKit– When payment from a BackerKit Backer to a Project Creators is collected by a third - party payment provider, such as Stripe, a portion of that transaction is contemporaneously paid to Diaspora.This is administered by the third - party payment provider.The portion varies on the plan selected by the Project Creator.
BackerKit’ s functions include existing as a tool that allows Project Creators to distribute digital files to Users, or to distribute generalized or individualized download - codes for the purpose of allowing Users access to digital assets on other platforms.
Project Creators and Users may not use BackerKit to distribute digital assets in ways that are legally prohibited.Project Creators and Users may not distribute assets that contain malware, viruses, or otherwise have the potential to cause electronic equipment to function in ways not intended by the equipment 's owners.
Responsibility for any damage created by digital assets distributed through BackerKit lies solely with the Users distributing and receiving assets, and not with Diaspora
Users acknowledge that receiving assets from other parties requires a certain amount of trust between the sender and recipient.Diaspora does not endorse, vouch - for, vet, scan, check, or otherwise analyze assets distributed by Project Creators or Users.Users completely assume the risk of receiving such assets and agree to hold Diaspora harmless from any damage that results in receipt of such assets.
Users under 18 years of age are not eligible to use the Services without consent.Users between the ages of 13 and 17, can use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such use of the Services.Users suspended from using the Services are not eligible to use the Services.Diaspora reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Project, Pledge, or the Services at any time for any reason without liability.
Project Creators are not permitted to create a Project to solicit information from users for illegal activities, to cause harm to people or property, or to scam others. Users must comply with all applicable laws and regulations in connection with their Projects, including offering Rewards and using Pledges.Project Creators shall not make any false or misleading statements in connection with their Projects.
Campaign Owners are not permitted to use BackerKit to offer or provide any of the following as a Reward:
* any form of "security" (as such term is defined in the Securities Act of 1933);
* any form of financial incentive or participation in any profit sharing;
* any alcoholic consumer products(vouchers or memberships offering physical delivery of alcoholic consumer products are permitted);
* any controlled substance or drug paraphernalia;
* any weapons, ammunition and related accessories;
* any form of lottery or gambling;
* any form of air transportation; or
* any items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or any items(a) prohibited by applicable law to possess or distribute, (b) that would violate applicable law if distributed, or(c) that would result in infringement or violation of another person 's rights if distributed.
Taxing authorities may classify Pledges raised on BackerKit(or other platforms) as taxable income to the Project Creator and any beneficiary who will receive them.
While using the Services, Users may post photos, videos, text, graphics, logos artwork and other audio or visual materials(collectively, "User Content").Users grant Diaspora a perpetual, non - exclusive, royalty - free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any User on or in connection with the Services and our related marketing and promotional activities.As between Users and Diaspora, Users continue to hold all ownership interest in their User Content.Each User represents and warrants that its User Content and our use of such User Content will not infringe any third - party 's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
Campaign Owners may not offer any contest, competition, giveaway, sweepstakes or similar activity(each, a "Promotion") on the Services without Diaspora’ s prior written permission(which may be granted or withheld by Diaspora in its sole and absolute discretion).Project Creators may request permission from Diaspora by sending an email to legal @backerkit.com.Subject to and upon any such permission, each Project Creator offering any Promotion further acknowledges and agrees that: (a) such Project Creator shall be solely responsible for all facets of each such Promotion; (b) such Promotion does not require any pledge or other payment of any amount as the sole method of entry into such Promotion; and(c) the official rules for such Promotion shall include clear and conspicuous language to the effect that: (i) Diaspora does not sponsor, endorse or administer the Promotion; (ii) each participant or entrant in the Promotion releases Diaspora from any and all liability; and(iii) all questions concerning the Promotion must be directed to the Project Creator and not to Diaspora.
Project Creators that accept PayPal and Backers that use PayPal in connection with a Campaign acknowledge and agree to comply with PayPal’ s Crowdfunding and Acceptable Use Policies.
Credit card payment processing services for Project Creators on BackerKit are provided by Stripe, Inc.("Stripe") and are subject to the Stripe Connected Account Agreement , which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By continuing to operate as a Project Creator on BackerKit, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition to Diaspora enabling credit card payment processing services through Stripe, you agree to provide Diaspora accurate and complete information about you and your business, and you authorize Diaspora to share any such information with Stripe, as well as transaction information related to your use of the payment processing services provided by Stripe. In all cases, standard credit card or other third-party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third-party credit card processing or third-party payment services.
Each User agrees to defend, indemnify and hold harmless Diaspora, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses(including attorneys ' fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms or violation of any laws. Diaspora may assume the exclusive defense and control of any matter for which Users have agreed to indemnify BackerKit and each User agrees to assist and cooperate with Diaspora in the defense or settlement of any such matters.
Diaspora has no fiduciary duty to any User.THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE.USE OF THE SERVICES IS AT USER 'S OWN RISK.
For Users in a jurisdiction that requires a specific statement regarding waiver and 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 for unknown claims 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." Each User hereby waives this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
DIASPORA(INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S.DOLLARS($100 .00) OR THE FEES PAID TO DIASPORA FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE.THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Diaspora HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For jurisdictions that do not allow Diaspora to limit its liability: Notwithstanding any provision of the Terms, for Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then Diaspora’ s liability is limited to the smallest extent possible by law.Specifically, in those jurisdictions not allowed, Diaspora does 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 intentional misconduct; or(c) any liability which it is not lawful to exclude either now or in the future.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by Diaspora without restriction or consent.
Termination may result in the forfeiture and destruction of all information associated with any User Account.Users may terminate their User Account by following the instructions on the Services, but Diaspora may retain the User Account information after termination in accordance with regulatory, accounting, and legal compliance procedures.All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Users agree that: (a) the Services shall be deemed solely based in Delaware(the principal place of business and corporate headquarters of Diaspora); and(b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over Diaspora, either specific or general, in jurisdictions other than California.This Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles.
Campaign Owners and other Users should be aware that many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states.While provisions vary state to state, these state laws typically include registration and reporting requirements.Diaspora provides a technology platform to allow Project Creators to connect with Backers and nothing more.Users who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law.
Diaspora makes no representations, warranties or other assertions as to the potential tax deductible status of any Pledge by a Backer to a charitable cause or to a Project whose purported recipient is a recognized 501(c)(3) or other tax - advantaged organization under the Internal Revenue Code.The listing of an organization via the Services does not necessarily mean that the organization has been deemed— or remains currently deemed— a charitable or tax - advantaged organization by the Internal Revenue Service.
We will cooperate with law enforcement authorities as required by law.We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when required by law.
* Users agree Diaspora may provide notifications to such User via email, written or hard copy notice, or through conspicuous posting of such notice on our website.Users may opt out of certain means of notification or to receive certain notifications.
We are always pleased to hear from our Users, and welcome their comments or suggestions.However, products, services, and features developed by Diaspora or its Users might be similar or even identical to a submission received by Diaspora or its Users.When we refer to a "submission" in this paragraph, we mean: any submission, comment, or suggestion(including, but not limited to, ideas, products, or services and suggested changes) made either on the BackerKit platform or to Diaspora about an existing product or service on, or a feature of, or a proposed addition to, the BackerKit platform.
With regard to User submissions:
(1) all such submissions are non - confidential and nonproprietary and will be treated as non - confidential and nonproprietary;
(2) Diaspora and BackerKit Users will have no express or implied obligation or liability of any kind concerning the submissions, including, for example, any use or disclosure of the submissions; and,
(3) Diaspora and BackerKit Users are entitled to unrestricted use or disclosure of the submissions for any purpose whatsoever, all without compensation to the User that submitted the submission.
These Terms, along with any non - disclosure agreements signed by Project Creators, are the entire agreement between each User and Diaspora regarding its subject matter.If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.Diaspora’ s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Diaspora may alter the Terms at any time, so please review them frequently.If a material change is made, Diaspora may, but is not obligated to, notify Users in the Services, by email, by means of a notice on the Services, or other places we think appropriate.
If any User believes that its copyrighted work has been copied in a way that constitutes copyright infringement under the Digital Millennium Copyright Act of 1998(the "DMCA") or that any User Content infringes such User 's intellectual property rights and is accessible the Services, please notify Diaspora at legal@BackerKit.com. "Infringement" means the unauthorized or not permitted use of copyrighted material or other intellectual property rights. For such complaint to be valid, the User (the "Complainant") must provide the following information in writing (the "Notice of Infringement"):
* a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
* identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
* identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Diaspora to locate the material.
* information reasonably sufficient to permit Diaspora to contact the Complainant, such as an address, telephone number, and, if available, an electronic mail address at which the Complainant may be contacted.
* a statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the Complainant, its agent, or the law.
* a statement that the information in the notification is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be submitted to the Diaspora DMCA agent(the "DMCA Agent") by mail and email to the following addresses:
Diaspora, Inc.(aka BackerKit)
Attention: DMCA agent Maxwell Salzberg
1265 Folsom Street
San Francisco, CA 94103
Email: legal @BackerKit.com
If any User(the "Respondent") believes that its material has been removed or disabled by mistake or misidentification, such Respondent may file a written counter - notice(the "Counter Notice") with the DMCA Agent, including the following information within five business days from receipt of the Notice of Infringement:
* a physical or electronic signature of the Respondent;
* identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
* a statement made under penalty of perjury that the Respondent has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
* the name, address, and telephone number of the Respondent, and a statement that the Respondent consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the Respondent 's address is outside of the United States, for any judicial district in which the service provider may be found, and that the Respondent will accept service of process from the Complainant or an agent of the Complainant.
Upon receipt of the Counter - Notice by the DMCA Agent, a copy of the Counter - Notice may be sent to the Complainant informing the Complainant that Diaspora, at its discretion, may replace the removed material or cease disabling it in not less than ten, nor more than 14, business days following receipt of the Counter - Notice, unless the DMCA Agent receives written notice from the Complainant that the Complainant has filed an action seeking a court order to restrain the Respondent from engaging in infringing activity relating to the unauthorized use of the material on the Service.
Diaspora WILL TAKE NO ACTION UPON ANY FAILURE TO PROVIDE THE INFORMATION OR OTHERWISE FOLLOW THE PROCESS OUTLINED ABOVE.
In accordance with the DMCA and other applicable laws, Diaspora has adopted a policy of terminating, in appropriate circumstances and at Diaspora’ s sole discretion, repeat infringers.
Users sending emails, directly or indirectly, in connection with a BackerKit or Diaspora, agree, acknowledge, represent and warrant that all such emails, and procurement of email addresses thereto, shall be in compliance with all applicable federal and state laws and regulations regarding the use of electronic messages, including without limitation the Controlling the Assault of Non - Solicited Pornography and Marketing Act and the Children 's Online Privacy Protection Act.
All subpoenas must be properly served on Diaspora, preferably by mailing the subpoena to Maxwell Salzberg.Please find below the California address for Maxwell Salzberg:
Attention: Maxwell Salzberg– Subpoena
Diaspora Inc., (AKA BackerKit)
1265 Folsom Street
San Francisco, CA 94103
Attention: Legal Department
Diaspora does not accept service via e - mail or fax and will not respond subpoenas delivered by email or fax, however, Diaspora encourages duplicate copies of legal communications by email for convenience.
No agency, partnership, joint venture, employee - employer or franchiser - franchisee relationship is intended or created by this Agreement.
Diaspora may freely assign or transfer any or all of the rights and obligations described in this Agreement, or this Agreement in its entirety, in connect with a merger, acquisition, or sale of assets or by operation of law or otherwise.You may not assign this Agreement or any of your rights and duties hereunder without the prior written consent of Diaspora This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
If any provision of this Agreement is determined by a court to be unenforceable or invalid, the validity of the remaining parts, terms or provisions shall not be affected by that determination, and such court shall substitute a provision that is legal and enforceable and is as close to the intentions underlying the original provision as possible.
This Agreement constitutes the complete and exclusive agreement between the parties relating to the subject matter hereof.It supersedes all prior proposals, understandings and all other agreements, oral and written, between the parties relating to this subject matter.
The waiver or failure by Diaspora to exercise any right provided for herein will not be deemed a waiver of any further right hereunder.The rights and remedies of Diaspora set forth in this Agreement are cumulative and are in addition to any rights or remedies Diaspora may otherwise have at law or equity, except with respect to any sole and exclusive remedies expressly provided for herein.
The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement.Any graphics or annotations provided in connection with this Agreement are for illustration purposes only and do not constitute part of the Agreement and changing a graphic does not qualify as a change to this Agreement.The list of Prohibited Products and Activities is separately maintained, and modifications thereto will not qualify as a change to this Agreement
Diaspora Inc.(AKA BackerKit)
1265 Folsom Street
San Francisco, CA 94103
Attention: Legal Department
June 12, 2017: Updated office address
March 15, 2013: Terms of Service published with permission from Termsfeed Terms of Service Agreement.