Terms of Service

PLEASE READ THESE TERMS OF SERVICE OF (HEREINAFTER THE “TERMS OF SERVICE”), THE TERMS OF SALE, AND THE PRIVACY POLICY REFERENCED HEREIN (THE “PRIVACY POLICY, AND COLLECTIVELY WITH THE TERMS OF SERVICE, THE "TERMS OF USE") CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS CAREFULLY PRIOR TO USING THE PELE WEBSITE (WWW.PELE.NETWORK; HEREINAFTER THE “WEBSITE”) AND ANY OTHER RELATED SERVICE PROVIDED BY PELE OR ITS AFFILIATES.

Table of Contents

  1. Introduction
  2. Age Requirement Section
  3. Use of Services and Modification of Services
  4. Privacy Policy
  5. Account
  6. Licensing
  7. Prohibited Content
  8. Copyright
  9. Company Proprietary Rights
  10. Termination
  11. Indemnification
  12. Dispute Resolution
  13. Disclaimer and Warranties
  14. Limitation to Liability
  15. Miscellaneous
  16. Contact Information

Introduction

BY READING THESE TERMS OF SERVICE, CREATING A PELE ACCOUNT, OR USING THESE SERVICES, YOU ARE ASSENTING TO AND ACCEPTING A BINDING CONTRACT.

Welcome to www.pele.network, including other media forms, media channels, mobile website or mobile application related or connected thereto run by PELE Network, Ltd. (but we like to call ourselves “PELE”, the “Company”, “we”, “us” interchangeably), a cryptocurrency-powered network that supports the evolution of content creation and allows audiences to interact more richly with creators. When using PELE, you will be subject to these Terms of Service, the Terms of Sale for purchasing PELE Tokens, and PELE’s Privacy Policy. Please read through them thoroughly and carefully. Website visitors, platform visitors, artists, and content creators are referred to collectively as “Users” or “you”, interchangeably.

These Terms of Service apply whether you are a User that registers an account with PELE, or an unregistered User simply browsing the website. You agree that by clicking “Create Account” or otherwise accessing, downloading, or using PELE, that you are entering into a legally binding agreement between you and PELE regarding your use of PELE’s services. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, we ask that you do not use any of our services.

If you are using PELE or creating an account with PELE on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative of that party with the authority to bind that party to these Terms of Service and grant licenses set forth herein; and agree to these Terms of Service on behalf of your party.

Age Requirement and Minors Use

Because PELE is designed for the democratization of content creation, Users may upload any content onto the website, so long as it does not expressly violate the Terms of Use. For that reason, viewer discretion is advised on all videos, and some videos may not be suitable for all audiences, including minors and persons under the age of majority in their jurisdiction. In order to comply with state and federal laws, we are required to give you these disclosures and conform our Terms of Service to those laws.

By creating an account or using PELE services, you represent that you are at least thirteen (13) years of age and that if you are under the age of majority in your jurisdiction that your parents or legal guardians have read and agreed to these Terms of Service (hereinafter the “Minimum Age”).

If you are a parent or legal guardian of Users under the Minimum Age, by allowing your child to use PELE’s services, you are subject to the Terms of Service in this agreement and are responsible for the actions of your child.

Use of Services and Modification of Services

We reserve the right to change this Terms of Service from time to time without notice by posting an updated copy of this Terms of Service to the Website. You acknowledge and agree that it is your responsibility to review this Terms of Service periodically to familiarize yourself with any modifications. Your continued use of this website after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Privacy Policy

PELE’s decentralized platform aims to take care of your personal information seriously. PELE uses blockchain technology in an effort to keep all information on the website safe. Please review our Privacy Policy found here: https://pele.network for more information.

Account

In order to open an account, you will be asked to provide PELE with certain information such as an account name, password, and email address. You are solely responsible for maintaining the confidentiality of your account, your password and for restricting access to your computer. You are responsible for any activity on your account, including if you share your information to other persons. Do not let others gain access to your account and practice Internet safety.

Unless expressly permitted in writing by PELE, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limiting, charging anyone for access to administrative rights on your account. PELE reserves all legal rights and remedies to prevent unauthorized use of PELE’s services.

Licensing

PELE’s services are owned and operated by PELE. All content, information, and other materials on PELE’s services are protected by relevant intellectual property and propriety rights and laws. All materials are the property of PELE. Please do not steal from us! Unless otherwise expressly stated in writing by PELE, by agreeing to these Terms of Service, you are granted a limited, non-sublicensable license to access and use PELE’s services for your personal use or internal business use only. The license is effectively PELE’s permission for the User to use the website, but that permission can be revoked.

PELEreserves all intellectual property rights to not expressly granted in these Terms of Service. Any use of PELE’s services except as specifically authorized in these Terms of Service, without the prior written permission of PELE, is strictly prohibited and may violate intellectual property rights or other laws. PELE can terminate this license at any time for any reason.

Prohibited Content

In addition to the generate restrictions in these Terms of Service, the following additional restrictions and conditions apply specifically to your use of PELE’s services. While PELE believes in the free dissemination of content, there are certain International and United States State and Federal rules, regulations, and laws that PELE must comply with in order to avoid legal repercussions. Please closely review the prohibited uses below, and using our services means you assent to and understand these additional terms that you will not:

  • Violate any rule, regulation, or law or encourage or provide instructions to another to do so;
  • Violate any contract between User and PELE;
  • Violate intellectual property rights of any individual or entity, which includes but is not limited to: copyright, trademark, or patent laws;
  • Commit any tort, whether intentional or otherwise;
  • Create any content that is unlawful, an invasion of privacy or publicity rights;
  • Act in any manner that negatively affects other users’ ability to use the website, including but not limited to: deleting, removing, modifying, or circumventing any security-related feature of PELE’s services, features that prevent or restrict use of copying or any content accessible through the PELE services, features that enforce limitation on the use of the PELE services, or the copyright or other proprietary rights notices on the PELE services;
  • Manipulate PELE Token blockchain in any form that includes destroying, changing, or otherwise tampering with the source code;
  • Use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. The Company reserves the right to bar any such activity;
  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or the Company’s systems or networks, or any systems or networks connected to the Website or to the Company;
  • Lease, sell, copy, sublicense, transfer, or assig any information, intellectual property, goods, or services provided on the Website;
  • Attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Company server, or to any of the Services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
  • Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
  • Reverse look-up, trace or seek to trace any information on any other User of or visitor to the Website, or any other User of the Company, including any Company account not owned by you, to its source, or exploit the Website or any content made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website;
  • Use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;
  • Attempt to circumvent any content filtering techniques PELE employs; and/or
  • Collect or store information of other users.

Additionally, PELE recognizes that free and decentralized content means a User may upload certain content to PELE in order to use PELE’s services, these Terms of Service explicitly prohibit the following actions:

  • Posting any content that depicts sexual conduct of any person under the age of 18, or under the age of consent within the jurisdiction where the content is created, whichever is greater (child pornography);
  • Posting any content that depicts sexual content of any person without maintaining written documentation sufficient to confirm that all subjects of your posts are over the age of 18 or older than the age of consent within the jurisdiction where the content is created, and have proper consent to use their image and likeness in your content; and/or
  • Posting any content depicting underage sexual activity, non-consensual sexual activity, revenge porn, blackmail, intimidation, snuff, torture, death, violence, incest, racial slurs, or hate speech.

You are responsible for the acts of others utilizing your access to the Website and will be held responsible for violations of the Website by persons who gain access to the Website using your account or shared access. Any use or access to the Service by anyone under the Minimum Age is strictly prohibited and in violation of this Agreement. The Website and Platform is not available to any Users previously removed from the Service by the Company.

In order to comply with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, PELE has an email for Users or other third-parties to submit notices and complaints to. If you believe, in good faith, that your content is being stolen or violated by another User on PELE’s website, please submit all requests here .

Company Proprietary Rights

Except for your User Content and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of the Company and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any the Company Content. Use of the Company Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to, or we may invite you to submit comments or ideas about PELE, including without limitation about how to improve PELE (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Company under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, the Company does not waive any rights to use similar or related ideas previously known to the Company, or developed by its employees, or obtained from sources other than you.

NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, USER ACCOUNT HISTORY AND USER ACCOUNT CONTENT RESIDING ON THE COMPANY’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN THE COMPANY’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. THE COMPANY DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON THE COMPANY’S SERVERS.

Termination

PELE reserves the right to unilaterally and without prior notice remove content that it deems in violation of these Terms of Service, or terminate your account if you are found in violation of these Terms of Service. Further, PELE reserves the right to prevent you from accessing or purchasing any products or services that PELE offers, such as PELE Token.

Indemnification

You agree to indemnify, defend, and hold harmless PELE from any claims, losses, damages, demands, expenses, costs, and liability arising out of or related to your access, use, or misuse of PELE’s services.

Dispute Resolution

Disputes with Other Users. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. the Company shall have no liability for your interactions with other Users, or for any User’s action or inaction.

Any disagreement or dispute regarding or arising out of these Terms, except a threat to or breach of the Company’s Proprietary Rights hereof (which threat or breach shall be subject to remedies at law or at equity in a court of competent jurisdiction, including but not limited to injunctive relief) shall be subject the following dispute resolution process. In the event of such a disagreement or dispute, the Parties shall first attempt to negotiate directly, in good faith, a resolution.  Should the Parties not achieve resolution by such means, the Parties shall submit to third-party mediation by a reputable mediation service, or, if the Parties are unable to agree upon a mediator, by a mediator selected by the American Arbitration Association. If such mediation fails, the Parties may invoke arbitration.  Such arbitration shall be held in Sheridan, Wyoming and shall be conducted by an arbitrator agreed to by the Parties, or, if the Parties are unable to agree upon an arbitrator, by an arbitrator provided by the American Arbitration Association.  Company may require that such an arbitrator sign a certification stating that said arbitrator is not acquainted with either of the Parties or either of the Parties’ counsel.

In the event the Company brings any action at law or at equity for the enforcement of any rights hereunder or in connection with any claim, controversy, or dispute arising from or in connection with this Agreement, the Company shall be entitled to collect from the User, in addition to any damages, all costs, fees, and expenses incurred in such dispute, including but not limited to reasonable attorneys’ fees.

EACH PARTY WAIVES ITS RESPECTIVE RIGHTS TO A TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY IN ANY ACTION, PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY ANY PARTY AGAINST THE OTHER PARTY OR ANY AFFILIATE OF SUCH OTHER PARTY, WHETHER WITH RESPECT TO CONTRACT CLAIMS, TORT CLAIMS OR OTHERWISE. THE PARTIES AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION SHALL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT OR ANY PROVISION HEREOF. THIS WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO THIS AGREEMENT. EACH PARTY ACKNOWLEDGES THAT IT HAS RECEIVED THE ADVICE OF COMPETENT COUNSEL.

With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s Claims. You agree that, by entering into this Agreement, you and The Company are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind

Disclaimer and Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE PELE SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY PELE; (B) PELE DISCLAIMS ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE PELE SERVICES, INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) PELE RECOGNIZES THAT CONTENT CREATION COMES IN MANY FORMS, AND THEREFORE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THE PELE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) PELE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE PELE ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE PELE SERVICES SAFE, PELE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE PELE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PELE OR THROUGH THE PELE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL PELE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE PELE’S SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM PELE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION; NATURAL DISASTERS, WARS; CIVIL OR MILITARY DISTURBANCES; ACTS OF TERRORISM; SABOTAGE; STRIKES; EPIDEMICS; PANDEMICS; RIOTS; POWER FAILURES; COMPUTER FAILURE AND ANY SUCH CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL AS MAY CAUSE INTERRUPTION, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PELE’S RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PELE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE PELE’S SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING PELE’S SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, PELE SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREETHAT THE WEBSITE CREATOR AND OFFICERS SHALL NOT BE LIABLE FOR CONTENT OR FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Miscellaneous

Severability: If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited, eliminated, or construed as narrowly as possible and will not impact the enforceability or validity of the remainder of the contract.

Governing Law: All claims arising out of relating to these terms will be governed by Wyoming law.

Jurisdiction and Venue: You irrevocably submit to the exclusive jurisdiction of any State or Federal court sitting in Sheridan County Wyoming (collectively, the “Designated Courts”), for the purposes of any suit, legal action, dispute or other proceeding arising out of or relating to this Agreement and the transactions contemplated hereby, and to the non-exclusive jurisdiction of the Courts for the enforcement of any judgment obtained thereunder. You hereby waive objection to the personal jurisdiction of the Designated Courts. You further agree that service of any process, summons, notice or other document by U.S. registered mail to the address provided to us in connection with the Registration Information shall be effective service of process for any action, suit or proceeding in the Courts with respect to any matters to which you have submitted to jurisdiction as set forth above. You irrevocably and unconditionally waive any objection to the laying of venue of any dispute, action, suit or proceeding arising out of this Agreement or the transactions contemplated hereby in the Designated Courts, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such Designated Court that any such dispute, action, suit or proceeding brought in any such Court has been brought in an inconvenient forum or venue.

Assignment.  PELE may assign our rights and obligations under this Terms of Service. This Terms of Service will inure to the benefit of our successors, assigns and licensees.

Waiver: If PELE fails to exercise or enforce any right or provision of these Terms of Service as a result of a User violating the contract, it will not constitute a waiver of the right of provision violated. Any waiver by PELE must be obtained and be effective through writing and signed by all relevant parties.

Interpretation: In these terms, “include” or “including” means “including by not limited to,” and any examples we give are for illustrative purposes.

Contact Information

If you have any questions or comments about this Terms of Service as outlined above, you can contact us at:

Email us at hello@pele.io or fill out the form at: https://pele.network/contact

The information contained in this web site is subject to change without notice. Copyright © 2021 PELE Network, Ltd. All rights reserved.

Effective as of July 4, 2021.