Terms of Use Agreement
Effective: April 22, 2018
Last Updated: April 20, 2020
Welcome to StemCut.org (“StemCut.org,” “We,” “Us” or “Our”) Website (https://www.stemcut.org),
(“Site”). This agreement governs your access and use of the website. The Website is offered subject to your
acceptance without modification of all of the terms and conditions contained herein and all other operating
rules, policies (including, without limitation, StemCut.org’s Privacy Policy) and procedures that may be
published from time to time on this Site by StemCut.org (collectively, the Agreement).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of
the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to
all the terms and conditions of this agreement, then you may not access the Website or use any services. If
these terms and conditions are considered an offer by StemCut.org, acceptance is expressly limited to these
terms.
1. Your access to StemCut.org
Without advance notice and at any time, we may, for violations of this agreement or for any other reason we
choose: (1) suspend your access to StemCut.org, (2) suspend or terminate Your Account, and/or (3) remove any of
your User Content from StemCut.org.
We reserve the right to monitor StemCut.org, and your use of the Service means you agree to such monitoring. At
the
same time, we do not guarantee we will monitor at all.
2. StemCut.org is for your personal, lawful use
StemCut.org is designed and supported for personal use only. You may not use StemCut.org to break the law, violate
an individual's privacy, or infringe any person or entity’s intellectual property or any other proprietary
rights.
3. StemCut.org is a community and not intended to be a marketplace
StemCut.org is intended to be a place where you can explore blockchain related projects or products and exchange
your opinions or feedback with other users. We are not responsible for any decisions you make based on
something you read on our website.
We are not intended to be a marketplace for any goods or services. However, you may find commercial links,
coupons, deals, advertisements and other third-party offers on StemCut.org. In addition, our website may have
affiliate relationships with certain of these third parties and may receive compensation for any purchase made
from them. StemCut.org is not a party to, nor in any way responsible for, any transactions you have with these
third parties, even if StemCut.org has an affiliate relationship with such parties. For this reason, any
transactions you undertake are your responsibility alone, so be careful.
4. Your StemCut.org Account and Site.
If you create an account on the Website, you are responsible for maintaining the security of your account and
its content, and you are fully responsible for all activities that occur under the account and any other
actions taken in connection with the Website. You must not describe or assign content to your account in a
misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others,
and StemCut.org may change or remove any description or keyword that it considers inappropriate or unlawful, or
otherwise likely to cause StemCut.org liability. You must immediately notify StemCut.org of any unauthorized uses of
your account or any other breaches of security. StemCut.org will not be liable for any acts or omissions by You,
including any damages of any kind incurred as a result of such acts or omissions.
By creating an Account, you also consent to receive electronic communications from StemCut.org (e.g., via email
or by posting notices to the Site). These communications may include notices about your Account (e.g.,
password changes and other transactional information) and are part of your relationship with us. You agree
that any notices, agreements, disclosures or other communications that we send to you electronically will
satisfy any legal communication requirements, including, but not limited to, that such communications be in
writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an
electronic copy. We may also send you promotional communications via email, including, but not limited to,
newsletters, special offers, surveys and other news and information we think will be of interest to you. You
may opt out of receiving these promotional emails at any time by following the unsubscribe instructions
provided therein.
5. Responsibility of Users.
If you are developing or creating a decentralized application or Dapp, you are entirely responsible for the
content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in
question constitutes text or graphics. By making Content available, you represent and warrant that:
- the use of the Content will not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark or trade secret rights, of any third party;
-
if your employer has rights to intellectual property you create, you have either (i) received permission
from your employer to post or make available the Content, including but not limited to any software, or
(ii) secured from your employer a waiver as to all rights in or to the Content;
-
you have fully complied with any third-party licenses relating to the Content, and have done all things
necessary to successfully pass through to end users any required terms;
-
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or
destructive content;
-
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted
commercial content designed to drive traffic to third party sites or boost the search engine rankings of
third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source
of the material (such as spoofing);
-
the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and
does not violate the privacy or publicity rights of any third party;
-
your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups,
email lists, other blogs and web sites, and similar unsolicited promotional methods;
-
your account is not named in a manner that misleads your readers into thinking that you are another person
or company. For example, your account’s URL or name is not the name of a person other than yourself or
company other than your own; and
-
you have, in the case of Content that includes computer code, accurately categorized and/or described the
type, nature, uses and effects of the materials, whether requested to do so by StemCut.org or otherwise.
StemCut.org reserves the right to remove any images and information (or content created on StemCut.org, e.g.
comments, messages, avatars, etc.) for any reason whatsoever. Please read our Community Guidelines for rules
and advice on what types of content are appropriate at StemCut.org. StemCut.org reserves the right to ban any member
or website from using the service for any reason.
6. Responsibility of Website Visitors.
StemCut.org has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore
be responsible for that materials content, use or effects. By operating the Website, StemCut.org does not
represent or imply that it endorses the material there posted, or that it believes such material to be
accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself
and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The
Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content
containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain
material that violates the privacy or publicity rights, or infringes the intellectual property and other
proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional
terms and conditions, stated or unstated. StemCut.org disclaims any responsibility for any harm resulting from
the use by visitors of the Website, or from any downloading by those visitors of content there posted.
7. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available
through the websites and webpages to which StemCut.org links, and that link to StemCut.org. StemCut.org does not have
any control over those non-StemCut.org websites and webpages, and is not responsible for their contents or their
use. By linking to a non-StemCut.org website or webpage, StemCut.org does not represent or imply that it endorses
such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your
computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. StemCut.org
disclaims any responsibility for any harm resulting from your use of non-StemCut.org websites and webpages.
8. Third Party Services.
The Site may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party
Applications”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn
you that you have left our Site and are subject to the Agreement and conditions (including privacy policies)
of another website or destination. Such Third-Party Websites and Third-Party Applications and are not under
the control of StemCut.org. StemCut.org is not responsible for any Third-Party Websites or Third-Party Applications.
StemCut.org provides these Third-Party Websites and Third-Party Applications only as a convenience and does not
review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites
or Third-Party Applications, or their products or services. You use all links in Third-Party Websites, and
Third-Party Applications at your own risk. When you leave our Site, our Agreement and policies no longer
govern. You should review applicable agreement and policies, including privacy and data gathering practices,
of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel
necessary or appropriate before proceeding with any transaction with any third party.
9. Intellectual Property.
This Agreement does not transfer from StemCut.org to you any StemCut.org or third party intellectual property, and
all right, title and interest in and to such property will remain (as between the parties) solely with
StemCut.org. StemCut.org, the StemCut.org logo, and all other trademarks, service marks, graphics and logos used in
connection with StemCut.org, or the Website are trademarks or registered trademarks of StemCut.org or StemCut.org
licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the
trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or
otherwise use any StemCut.org or third-party trademarks.
10. Changes.
StemCut.org reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is
your responsibility to check this Agreement periodically for changes. Your continued use of or access to the
Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
StemCut.org may also, in the future, offer new services and/or features through the Website (including, the
release of new tools and resources). Such new features and/or services shall be subject to the terms and
conditions of this Agreement.
11. Termination.
StemCut.org may terminate your access to all or any part of the Website at any time, with or without cause, with
or without notice, effective immediately. If you wish to terminate this Agreement or your StemCut.org account (if
you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a VIP
Services account, such account can only be terminated by StemCut.org if you materially breach this Agreement and
fail to cure such breach within thirty (30) days from StemCut.org notice to you thereof; provided that, StemCut.org
can terminate the Website immediately as part of a general shut down of our service. All provisions of this
Agreement which by their nature should survive termination shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. Disclaimer of Warranties.
The Website is provided “as is”. StemCut.org and its suppliers and licensors hereby disclaim all warranties of
any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a
particular purpose and non-infringement. Neither StemCut.org nor its suppliers and licensors, makes any warranty
that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand
that you download from, or otherwise obtain content or services through, the Website at your own discretion
and risk.
13. Limitation of Liability.
In no event will StemCut.org, or its suppliers or licensors, be liable with respect to any subject matter of this
agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any
special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services;
(iii) for interuption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid
by you to StemCut.org under this agreement during the twelve (12) month period prior to the cause of action.
StemCut.org shall have no liability for any failure or delay due to matters beyond their reasonable control. The
foregoing shall not apply to the extent prohibited by applicable law.
14. General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be in strict accordance with the StemCut.org
Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation
any local laws or regulations in your country, state, city, or other governmental area, regarding online
conduct and acceptable content, and including all applicable laws regarding the transmission of technical data
exported from the United States or the country in which you reside) and (ii) your use of the Website will not
infringe or misappropriate the intellectual property rights of any third party.
15. Indemnification.
You agree to indemnify and hold harmless StemCut.org, its contractors, and its licensors, and their respective
directors, officers, employees and agents from and against any and all claims and expenses, including
attorneys fees, arising out of your use of the Website, including but not limited to out of your violation
this Agreement.
16. Miscellaneous.
This Agreement along with the Privacy Agreement constitutes the entire agreement between you and StemCut.org
relating to your access to and use of the Sites and Content, and your participation in the Auction. This
Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without
the prior written consent of StemCut.org prior, concurrent or subsequent circumstance, and StemCut.org’s failure to
assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Except as otherwise provided herein, this Agreement is intended solely for the benefit of the parties and are
not intended to confer third party beneficiary rights upon any other person or entity.
Privacy Policy
Version 1.0
Last Revised: April 22th, 2018
1. Questions; Contacting Company; Reporting Violations.
If you have any questions or concerns or complaints about our Privacy Policy or our data collection or
processing practices, or if you want to report any security violations to us, please contact us at
contact@stemcut.org.
2. User Consent.
By submitting Personal Data through our Site or Services, you agree to the terms of this Privacy Policy and
you expressly consent to the collection, use and disclosure of your Personal Data in accordance with this
Privacy Policy. For accessing Dapps you will be using MetaMask and your interactions with MetaMask are
governed by its privacy policy available at https://metamask.io/privacy.html.
3. A Note About Children.
We do not intentionally gather Personal Data from visitors who are under the age of 13. If a child under 13
submits Personal Data to Company and we learn that the Personal Data is the information of a child under 13,
we will attempt to delete the information as soon as possible. If you believe that we might have any Personal
Data from a child under 13, please contact us at the address indicated in paragraph (1).
4. A Note to Users Outside of the United States.
If you are a non U.S. user of the Site, by visiting the Site and providing us with data, you acknowledge and
agree that your Personal Data may be processed for the purposes identified in the Privacy Policy. In addition,
your Personal Data may be processed in the country in which it was collected and in other countries, including
the United States, where laws regarding processing of Personal Data may be less stringent than the laws in
your country. By providing your data, you consent to such transfer.
5. Types of Data We Collect.
“Personal Data” means data that allows someone to identify or contact you, including, for example, your name,
address, telephone number, e-mail address, as well as any other non-public information about you that is
associated with or linked to any of the foregoing data. “Anonymous Data” means data, including aggregated and
de-identified data, that is not associated with or linked to your Personal Data; Anonymous Data does not, by
itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as
described below.
a. Information You Provide to Us.
-
We may collect Personal Data from you, such as your first and last name, e-mail and mailing addresses, and
password when you create an account to log in to our network (“Account”).
-
If you use our Services on your mobile device, we may collect your phone number and the unique device id
number.
-
Our Site lets you store preferences like how your content is displayed, your location, safe search
settings, and favorite widgets. We may associate these choices with your ID, browser or the mobile device,
and you can edit these preferences at any time.
-
When connecting to our Services via a service provider that uniquely identifies your mobile device, we may
receive this identification and use it to offer extended services and/or functionality.
-
Certain Services, such as two-factor authentication, may require our collection of your phone number. We
may associate that phone number to your mobile device identification information.
-
If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well
as any other content included in the e-mail, in order to send you a reply.
-
We also collect other types of Personal Data that you provide to us voluntarily, such as your operating
system and version, product registration number, and other requested information if you contact us via
e-mail regarding support for the Services.
b. Information Collected via Technology. As you navigate through and interact with our Site,
we may use automatic data collection technologies to collect certain information about your equipment,
browsing actions and patterns, including:
-
Information Collected by Our Servers. To make our Site and Services more useful to you, our servers (which
may be hosted by a third party service provider) collect information from you, including your browser
type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your
computer when you use the Internet, which may vary from session to session), domain name, and/or a
date/time stamp for your visit.
-
Log Files. As is true of most websites, we gather certain information automatically and store it in log
files. This information includes IP addresses, browser type, Internet service provider (“ISP”),
referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to
analyze trends, administer the Site, track users’ movements around the Site, gather demographic
information about our user base as a whole, and better tailor our Services to our users’ needs. For
example, some of the information may be collected so that when you visit the Site or the Services again,
it will recognize you and the information could then be used to serve advertisements and other information
appropriate to your interests.
-
Cookies. Like many online services, we use cookies to collect information. “Cookies” are small pieces of
information that a website sends to your computer’s hard drive while you are viewing the website. We may
use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay
on your computer until you delete them) to provide you with a more personal and interactive experience on
our Site. This type of information is collected to make the Site more useful to you and to tailor the
experience with us to meet your special interests and needs.
-
Pixel Tag. In addition, we use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs).
Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used
to track online movements of Web users. In contrast to Cookies, which are stored on a user’s computer hard
drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send e-mail messages in
a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending
only messages that are of interest to our users. We may use this information to reduce or eliminate
messages sent to a user. We do not tie the information gathered by Pixel Tags to our users’ Personal Data.
-
How We Respond to Do Not Track Signals. We do not currently respond to “do not track” signals or other
mechanisms that might enable Users to opt out of tracking on our site.
-
Flash LSOs. When we post videos, third parties may use local shared objects, known as “Flash Cookies,” to
store your preferences for volume control or to personalize certain video features. Flash Cookies are
different from browser Cookies because of the amount and type of data and how the data is stored. Cookie
management tools provided by your browser will not remove Flash Cookies. To learn how to manage privacy
and storage settings for Flash Cookies, click
here:
http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html
.
-
Analytics Services. In addition to the tracking technologies we place, other companies may set their own
cookies or similar tools when you visit our Site. This includes third party analytics services, including
but not limited to Google Analytics (“Analytics Services”), that we engage to help analyze how users use
the Site. We may receive reports based on these parties’ use of these tools on an individual or aggregate
basis. We use the information we get from Analytics Services only to improve our Site and Services. The
information generated by the Cookies or other technologies about your use of our Site and Services
(the “Analytics Information”) is transmitted to the Analytics Services. The Analytics Services use
Analytics Information to compile reports on user activity. The Analytics Services may also transfer
information to third parties where required to do so by law, or where such third parties process Analytics
Information on their behalf. Each Analytics Services’ ability to use and share Analytics Information is
restricted by such Analytics Services’ Terms of Use and Privacy Policy. By using our Site and Services,
you consent to the processing of data about you by Analytics Services in the manner and for the purposes
set out above. For a full list of Analytics Services, please contact us at the address given in paragraph
(1).
c. Information Collected from You About Others. Information Collected from Third Party
Companies. We may receive Personal and/or Anonymous Data about you from companies that provide our Services by
way of a co-branded or private-labeled website or companies that offer their products and/or services on our
Site. In particular, MetaMask provides us with your Ethereum address and certain other information you choose
to share with MetaMask. These third party companies may supply us with Personal Data. We may add this to the
information we have already collected from you via our Site in order to improve the Services we provide. We do
not collect Personal Data automatically, but we may tie the information that we collect automatically to
Personal Data about you that we collect from other sources or that you provide to us.
6. Use of Your Personal Data.
a. General Use. In general, Personal Data you submit to us is used either to respond to requests that you
make, or to aid us in serving you better. We use your Personal Data in the following ways:
-
facilitate the creation of and secure your Account on our network;
-
identify you as a user in our system;
-
provide improved administration of our Site and Services;
-
provide the Services you request, including but not limited to facilitating your cryptocurrency
transactions through MetaMask (https://metamask.io);
-
improve the quality of experience when you interact with our Site and Services;
-
send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was
created;
-
protect you and other users from any conduct that violates the Terms of Use or to prevent abuse or
harassment of any user;
send you administrative e-mail notifications, such as security or support and maintenance advisories;
-
respond to your inquiries related to employment opportunities or other requests;
-
make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your
feedback;
-
in any other way we may describe when you provide the Personal Data; and
-
send newsletters, surveys, offers, and other promotional materials related to our Services and for other
marketing purposes of Company.
We may use your Personal Data to contact you about our own and third parties’ goods and services that may
be of interest to you.
b. Creation of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding
information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data
to analyze request and usage patterns so that we may enhance the content of our Services and improve Site
navigation. We reserve the right to use Anonymous Data for any purpose and to disclose Anonymous Data to third
parties without restriction.
7. Disclosure of Your Personal Data.
We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.
a. Third Party Service Providers. We may share your Personal Data with third party service providers to:
provide you with the Services that we offer you through our Site; to conduct quality assurance testing; to
facilitate creation of accounts; to provide technical support; and/or to provide other services to the
Company.
b. Affiliates. We may share some or all of your Personal Data with our parent company, subsidiaries, joint
ventures, or other companies under a common control (“Affiliates”), in which case we will require our
Affiliates to honor this Privacy Policy.
c. Corporate Restructuring. We may share some or all of your Personal Data in connection with or during
negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale,
transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an
insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another
company acquires our company, business, or assets, that company will possess the Personal Data collected by us
and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.
d. As Legally Required. Regardless of any choices you make regarding your Personal Data (as described below),
Company may disclose Personal Data if it believes in good faith that such disclosure is necessary (a) in
connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or
warrants served on Company; (c) to protect or defend the rights or property of Company or users of the Site or
Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law,
this Privacy Policy, or our Terms of Use.
e. Other Disclosures. We may also disclose your Personal Data, to fulfill the purpose for which you provide
it; for any other purpose disclosed by us when you provide it; or with your consent.
8. Third Party Websites.
Our Site may contain links to third party websites. When you click on a link to any other website or location,
you will leave our Site and go to another site, and another entity may collect Personal Data or Anonymous Data
from you. We have no control over, do not review, and cannot be responsible for, these outside websites or
their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or
content, or to any collection of your Personal Data after you click on links to such outside websites. We
encourage you to read the privacy policies of every website you visit. The links to third party websites or
locations are for your convenience and do not signify our endorsement of such third parties or their products,
content or websites.
9. Your Choices Regarding Information.
You have several choices regarding the use of information on our Services:
a. Email Communications. We will periodically send you free newsletters and e-mails that directly promote the
use of our Site or Services. When you receive newsletters or promotional communications from us, you may
indicate a preference to stop receiving further communications from us and you will have the opportunity to
“opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us
directly (please see contact information below). Despite your indicated e-mail preferences, we may send you
service related communications, including notices of any updates to our Terms of Use or Privacy Policy.
b. If you decide at any time that you no longer wish to accept Cookies from our Service for any of the
purposes described above, then you can instruct your browser, by changing its settings, to stop accepting
Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s
technical information. If you do not accept Cookies, however, you may not be able to use all portions of the
Service or all functionality of the Service. If you have any questions about how to disable or modify Cookies,
please let us know at the contact information provided below.
c. Changing or Deleting Your Personal Data. All users may review, update, correct or delete the Personal Data
furnished by a user in their user account (including any imported contacts) by contacting us, or by editing
their profile via the Services. If you completely delete all of your Personal Data, then your user account may
become deactivated. We will use commercially reasonable efforts to honor your request. We may retain an
archived copy of your records as required by law or for legitimate business purposes.
10. Changes to This Privacy Policy.
This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our
Privacy Policy by posting the new Privacy Policy
https://dapp.com/privacy. The date the Privacy Policy was
last revised is identified at the beginning of this Privacy Policy. You are responsible for ensuring we have
an up-to-date active and deliverable email address for you, and for periodically visiting our Site and this
Privacy Policy to check for any changes.