Last Updated September 03, 2024

 

SfideX Inc. (“Company”, “We”, or “Our”) has formulated this Privacy Policy (“Policy”) to outline the standards and procedures we adhere to, ensuring that users can access and utilize the SfideX application (“App” or “Platform”) effectively. By accessing or using any part of the Services, you confirm that you have read, understood, and agree to comply with these Terms of Use. If you do not agree to these Terms, you are not permitted to use the Services.

1. Registration

To access the Services, you must complete a registration process and provide certain personal information. You agree to supply and maintain accurate, current, and complete information about yourself (“Registration Data”). You also consent to SfideX using your Registration Data to provide and tailor the Services you access or use, and for other purposes as outlined in these Terms of Use. If any information you provide is found to be inaccurate or outdated, or if SfideX reasonably believes that the information is inaccurate or outdated, we reserve the right to suspend or terminate your account and restrict any current or future access to the Services.

 

2. User Content

You retain ownership of all information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials that you make available through the Services (“User Content”). By making your User Content available on or through the Services, you grant SfideX a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content, as well as any name, username, or likeness provided in connection with your User Content. This license remains in effect until you delete your User Content or your account.

You are solely responsible for the User Content you provide and for any consequences that arise from our display or publication of such User Content. In relation to any User Content you submit, you affirm, represent, and warrant that: (i) you own or have secured all necessary licenses, rights, consents, and permissions to authorize SfideX to use all patents, trademarks, trade secrets, copyrights, or other proprietary rights associated with the User Content, to enable its inclusion and use as contemplated by the Services and these Terms of Use; and (ii) you have obtained the express consent, release, and/or permission of every identifiable individual person appearing in the User Content to use their name or likeness for the purposes of including and using the User Content as contemplated by the Services and these Terms of Use.

You acknowledge and agree that you are solely responsible for all User Content that you make available via the Services. SfideX does not take responsibility for, nor does it endorse, any User Content provided by you or others. Under no circumstances will SfideX be held liable for any User Content, and you accept all risks associated with the use of any User Content.

We do not actively or routinely screen or monitor User Content, but we reserve the right, at our sole discretion, to pre-screen, refuse to display, or remove any User Content from the Services. You agree and understand that you have no expectation of privacy concerning the transmission of your User Content, including but not limited to chat, text, or voice communications. Without limiting the foregoing, SfideX reserves the right to remove any User Content that, in its sole discretion, violates these Terms of Use or is deemed otherwise objectionable.

 

3. Conduct

The Services are intended for your personal and noncommercial use. You agree not to use the Services for any commercial or unauthorized purposes, including but not limited to sending or facilitating any commercial advertisement, solicitation, or spam, without obtaining explicit written consent from SfideX. In addition to any other limitations set forth in these Terms of Use, and without limiting such restrictions, you agree that while using the Services, you will not:

(a) Create unauthorized copies of, or derivative works based on, any content available through the Services;
(b) Use any hardware or software mechanisms to interfere with or attempt to disrupt the proper functioning of the Services;
(c) Attempt to decrypt, decompile, disassemble, or reverse engineer any of the software or source code that constitutes or is part of the Services;
(d) Frame or link to any content or information available on the Services without authorization;
(e) Modify, alter, or bypass any approved software through which the Services are provided; or
(f) Transmit any data or information that is harmful to the Services or any third-party networks, devices, applications, services, or websites, including but not limited to viruses, worms, or Trojan horses.

Furthermore, you are strictly prohibited from uploading, sharing, distributing, or storing any content, material, information, or data that:

(g) Is unlawful, obscene, defamatory, threatening, harassing, abusive, hateful, or that incites violence;
(h) Infringes, dilutes, misappropriates, or otherwise violates any rights of privacy, intellectual property, publicity, or other personal rights, including but not limited to copyrights, patents, trademarks, trade secrets, or other proprietary information (including unauthorized use of domain names);
(i) Is fraudulent or contains false, deceptive, or misleading information, such as “phishing”;
(j) Involves collecting or harvesting any information about an identified or identifiable individual, including usernames or any user data from the Services; or
(k) Violates any applicable federal, state, or local laws or regulations, or these Terms of Use.

Failure to adhere to these guidelines may result in the termination of your access to the Services, and may also subject you to civil or criminal penalties.

 

4. Copyright Infringement Complaints

If you are a copyright owner or an authorized representative and believe that any User Content or other content on the Services infringes your copyrights, you may file a notification under the Digital Millennium Copyright Act (“DMCA”) by providing our designated Copyright Agent with the following written information (see 17 U.S.C. § 512(c)(3) for further details):

(i) A physical or electronic signature of an individual authorized to act on behalf of the copyright owner of the exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work(s) claimed to be infringed, or if multiple copyrighted works are involved, a representative list of such works that are present at the online site covered by the notification;

(iii) Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material, including its URL or other identifying details;

(iv) Information reasonably sufficient to enable us to contact you, such as your address, telephone number, and, if available, an email address;

(v) A statement affirming that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement affirming that the information provided in the notification is accurate and that you are authorized to act on behalf of the copyright owner whose exclusive right is allegedly infringed, under penalty of perjury.

Our designated Copyright Agent for receiving notifications of alleged copyright infringement and other notices related to User Content or violations of these Terms of Use (including potential criminal law violations) is:

Email: copyright@SfideX.com

Please note that only DMCA notices and complaints regarding User Content or breaches of these Terms of Use should be directed to this Copyright Agent. For other inquiries such as feedback, comments, technical support requests, or general communications, please use our standard support contacts as specified on the Services.

 

5. Governing Law

All matters pertaining to any disputes related to the Services will be exclusively governed by and interpreted under the laws of the State of California. This jurisdiction will apply regardless of any conflicting legal principles. The United Nations Convention on Contracts for the International Sale of Goods will be explicitly excluded from governing such disputes, even if it might otherwise apply.

 

6. Dispute Resolution

6.1. General

You agree that any dispute arising from or related to the Services, whether arising from contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether the dispute arises during or after the term of these Terms of Use, will be settled through binding arbitration. By agreeing to these Terms of Use, you and SfideX expressly waive any right to a jury trial or participation in a class action lawsuit. Except where prohibited by applicable law, any claim or cause of action arising out of or related to the Services or these Terms of Use must be initiated within one (1) year of the date the claim arose, or it will be permanently barred.

6.2. Exceptions

Despite the provisions of Section 6.1, nothing in these Terms of Use shall limit or preclude either party’s right to: (i) initiate an individual action in a small claims court; (ii) pursue enforcement actions through relevant federal, state, or local agencies if such actions are available; (iii) seek injunctive relief in support of arbitration from a court with appropriate jurisdiction; or (iv) file a lawsuit in court specifically for claims related to intellectual property infringement.

6.3. Arbitration Rules

Any arbitration between you and SfideX will be conducted under the Federal Arbitration Act and in accordance with the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) set forth by the American Arbitration Association (“AAA”), as adjusted by these Terms of Use. The arbitration will be administered by the AAA, and you can access the AAA Rules and necessary filing forms at www.adr.org. The arbitrator shall have exclusive authority to determine any issues related to the interpretation, applicability, or enforceability of this arbitration agreement.

6.4. Notice and Process

Before initiating arbitration, the party seeking arbitration must send a written notice of the dispute to the other party via email (“Notice”). SfideX’s address for receiving Notice is: disputes@SfideX.com. The Notice must include: (i) a detailed description of the claim or dispute; and (ii) the specific relief being sought. The parties will attempt to resolve the dispute amicably through direct negotiation. If no resolution is reached within 30 days of receiving the Notice, either party may then initiate arbitration proceedings.

6.5. No Class Actions

YOU AND SfideX AGREE THAT CLAIMS MUST BE BROUGHT INDIVIDUALLY AND NOT AS PART OF A CLASS OR REPRESENTATIVE ACTION. Further, unless agreed upon by both parties, the arbitrator will not be permitted to consolidate multiple claims or conduct any form of representative or class arbitration.

6.6. Changes to Arbitration Terms

If SfideX makes any changes to this arbitration provision in the future, you may reject such changes by providing written notice to SfideX within 30 days of the change being made, sent to the address provided for Notice. In such a case, the arbitration provision as it existed immediately prior to the rejected changes will remain in effect for any disputes between you and SfideX.

 

7. Physical Activity Disclaimer

By participating in athletic activities, including but not limited to dancing, you recognize and accept that such activities involve substantial and inherent risks of physical injury or death. You voluntarily assume all such risks, whether known or unknown, and regardless of whether they arise from the actions, omissions, or negligence of SfideX or any other parties. SfideX disclaims any responsibility for injuries, health issues, incapacitation, or death that may occur as a result of or in connection with your use of the Services or your inability to utilize them.

 

8. Limitation of Liability and Disclaimer of Warranties

8.1. No Warranties or Representations. SfideX, including its affiliates and their respective officers, directors, employees, agents, suppliers, and licensors, makes no representations or warranties regarding the Service or any content accessible through it. SfideX shall not be liable for the accuracy, reliability, or completeness of any information provided to users, nor for any disruptions or delays in the data or information transmission, regardless of the cause. Your use of the Service and its content is entirely at your own risk. You are fully responsible for any content you upload to the Service.

8.2. No Guarantee of Error-Free Operation. SfideX does not guarantee that the Service will be free from errors or that it, including any content, is devoid of harmful components such as viruses. If the use of the Service or its content leads to the need for repair or replacement of equipment or data, SfideX shall not be liable for such costs.

8.3. “As Is” Basis. The Service and all associated content are provided on an “as is” and “as available” basis, without any warranties of any kind. SfideX explicitly disclaims all warranties, including but not limited to implied warranties of title, merchantability, non-infringement, and fitness for a particular purpose.

8.4. Limitation of Liability. SfideX shall not be liable for any special, indirect, punitive, incidental, or consequential damages, including lost profits or damages related to lost data or business interruptions arising from the use or inability to use the Service or any content provided, regardless of the legal theory invoked, even if SfideX has been advised of the potential for such damages. In no case shall SfideX’s liability exceed the greater of the amount you have paid us or $100 USD.

 

9. Amendments

SfideX retains the unilateral right to revise these Terms of Use at its discretion and at any time. Should there be significant updates or modifications, SfideX will inform you of these changes. Continued use of the Services following notification of any amendments constitutes your acceptance of the revised Terms of Use. If you find the new Terms of Use unacceptable, your sole remedy is to discontinue use of the Services.

Additionally, SfideX, along with its third-party partners, may alter or enhance the Services, including changes to products, features, applications, and pricing, at its discretion. The mobile application may automatically download and install updates, upgrades, and additional features designed to refine and advance the Services. SfideX also reserves the right to modify or terminate the Services, or any segment thereof, either temporarily or permanently, with or without prior notice. You acknowledge and agree that SfideX shall not be liable for any impact resulting from such modifications, interruptions, or terminations of the Services.

 

10. Account Termination

SfideX maintains the unilateral right to alter the Terms of Use at any time, without limitation, at its sole discretion. If significant changes are made, SfideX will notify you accordingly. Continued use of the Services after such notification constitutes acceptance of the updated Terms of Use. Should you disagree with the revised terms, your sole option is to discontinue using the Services.

SfideX may, at its discretion and without prior notice, terminate your account and/or restrict your access to the Services under specific circumstances. Reasons for such termination include, but are not limited to: (a) violations or breaches of the Terms of Use or related policies; (b) directives from law enforcement or government entities. Termination may result in the removal of your access to all Services, including the deletion of your personal data, files, and any User Content linked to your account. You acknowledge that all terminations are at SfideX’s discretion and that SfideX is not liable to you or any third party for any consequences arising from the termination of your account or access to the Services. Post-termination, the following sections will continue to apply: User Content (Section 2), Governing Law (Section 5), Dispute Resolution (Section 6), and Limitation of Liability and Disclaimer of Warranties (Section 8).