Your Peersnest Username and Pages
If you create a page on the Peersnest platform, you are responsible for maintaining the security of your account, and you are fully and solely responsible for all activities that occur therein.
Peersnest reserves the right to reclaim any username that has not been active for one year or longer, violates any terms or conditions of these Terms or that was created for the sole purpose to resell to a verified user with that same name ( known as Cybersquatting page.)
Responsibility of Registered Users
You acknowledge that you are solely responsible for all activity that occurs through your pages or username and all of your activity on the Peersnest community. You acknowledge that you are solely responsible for keeping your account information (including your access credentials) secret and secure. You shall not sell, rent, lease, lend, transfer, license or assign your account, credentials, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Peersnest prohibits the creation of accounts on behalf of other persons or entities. Unless you are so authorized, you shall not create a Peersnest account on behalf of any other person or entity.
You also acknowledge that:
You are solely responsible for your interaction with other Users of the Services, whether online or offline. You agree that Peersnest is not responsible or liable for the conduct of any User. Peersnest reserves the right, but has no obligation, to become involved in disputes between you and other Users.
You shall not describe or assign keywords to your channel in a misleading or unlawful manner, including any manner which trades on the name or reputation of others. Peersnest reserves the right to change or remove any description or keyword that it considers unlawful or otherwise likely to cause Peersnest liability.
You shall immediately notify Peersnest of any unauthorized uses of your username, account or channel, or of any other breaches of security by reporting the accounts or emailing us at email@example.com.
If you operate a Blog, comment on a post, post material on Peersnest community, post links or create (or allow any third party to create) or otherwise make material available by means of Peersnest, including any text, photo, video, audio, code or other work of authorship (any such material, “User Content”), you are entirely responsible for the content of, and any liability resulting from or relating to that User Content or your conduct.
By using Peersnest , you represent and warrant that your User Content and conduct do not and will not violate these Terms (including our Content Policy), infringe the rights of any other person or entity (including intellectual property rights and privacy rights), or violate any applicable law, rule, or regulation as detailed in section 26.
By submitting User Content to Peersnest, you grant Peersnest a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, distribute, publish, process and adapt (each, a “Use”) your User Content for the purpose of providing the Services and promoting Peersnest and the Services, without any notice of, consent to or compensation for any such use, unless otherwise licensed by the User, through the Services.
You grant other Users permission to share your User Content on other Peersnest posts and add their own User Content to it (e.g., to Remind your User Content).
All User Content that is not otherwise marked by the license owner is licensed under the All Rights Reserved license.
If you delete User Content, Peersnest will use reasonable efforts to remove it from the Peersnest Community, but you acknowledge that caching or references to the User Content may not be made immediately unavailable.
By registering an account and making User Content available, you further represent and warrant that the user content does not violate the Peersnest Content Policy referenced in Section 15;
Your use of the Services and User Content will not infringe the rights of any other party (including intellectual property rights and privacy rights) or violate any applicable law, rule, or regulation;
Any Use by Peersnest of any User Content will not infringe the rights of any other party (including intellectual property rights and privacy rights) or violate any applicable law, rule, or regulation;
If any other party has rights to intellectual property you incorporate into any User Content, you have either (i) received permission from such other to so incorporate such intellectual property into such User Content, including but not limited to any software, or (ii) secured from such other party a waiver as to all rights in or to such User Content;
You have fully complied with any third-party licenses relating to all User Content and have done all things necessary to grant to Peersnest the license set forth under section 2(f) and to successfully grant to others any relevant rights under any such third-party licenses;
You also give other Users permission to share your Content under the legal terms outlined in the license you select, whether Creative Commons, All Rights Reserved, or any other available license.
You shall not use or access any of the Services
In any way that violates any applicable Zambian law, state or local law, rule, or regulation (including, without limitation, any intellectual property laws or privacy laws or laws regarding sanctions, or the export of data or software to and from Zambia or other countries);
To post unlawful, infringing, or other content not allowed under these Terms.
To impersonate, attempt to impersonate, or falsely imply that you are associated with Peersnest, another User, or any other person or entity;
In any manner that could disable, alter, overburden, damage, or impair the Services or the Peersnest Community, or engage in any other conduct that restricts or interferes with any other party’s use, which, as determined by us, may harm Peersnest or Users of the Services or expose them to liability, including but not limited to transmitting any worms, viruses, spyware, malware or any other code of a destructive, malicious, intrusive, or disruptive nature intended to cause denial of service;
To use, distribute, modify, create derivative works from, or copy the Services or any feature of the Services or any User account or Profile (including any User Content) in whole or in part, or decompile, reverse engineer, disassemble, attempt to derive the source code or underlying algorithms of the Services or any feature of the Services, except as may be permitted under any license applicable to the Services.
To create accounts or access data (including User information) through unauthorized means, by using an automated device, caching, script, bot, spider, crawler or scraper or any such weaponized capability intended as a malware threat to Peersnest;
To attempt to gain unauthorized access, or permit unauthorized access, to the Services or any feature of the Services (including any User account or channel) or any of our related systems or networks, or bypass any measures we take to restrict access to the Services or related systems or networks;
To substantially replicate products or services offered by Peersnest in an impersonating manner, including by republishing Peersnest content or creating a separate publishing platform; or
Without limiting any of the above representations or warranties or obligations, Peersnest reserves the right to, in Peersnest’ sole discretion, (i) reject or remove any User Content that, in Peersnest’ reasonable opinion, violates any term or condition of these Terms or policies of Peersnest or is in any way unlawful under Cyber Security laws of Zambia (ii) ban and remove any account that, in Peersnest’ reasonable opinion, violates any term or condition of these Terms or policies of Peersnest or is in any way unlawful or (iii) terminate or deny access to and use of the Services to any person or entity whose use of Peersnest and its Services is unlawful.
In the event an account is banned due to the breach of these Terms, and the channel owner no longer has access to the channel, Peersnest will have no obligation to provide a refund of any kind including refund of any outstanding wallet amounts such as token balances or any amounts previously paid.
Intellectual Property Rights
We grant you a limited, non-exclusive, non-sub licensable, non-transferable license to access and use the Services for lawful purposes in accordance with these Terms. The Services contain materials owned or licensed by Peersnest, including name, logo, source code and executable code, text, images, audio/visual works, icons and scripts and other intellectual property (collectively, “Peersnest Content”). Peersnest Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Peersnest, Peersnest owns and retains all rights in Peersnest Content and the Services.
You shall not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Peersnest Content, and you shall not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit any Peersnest Content or the Services, except as may be permitted by these Terms.
You will own all intellectual property rights in User Content you create using the Services except to the extent they incorporate Peersnest Content or other intellectual property owned or licensed by Peersnest.
Reporting Copyright Infringement, DMCA Policy and Other Violations
Peersnest prohibits Users of our Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights. To report allegations of infringement, please contact Peersnest at Peersnest@copyright.com.
As Peersnest asks others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to by Peersnest violates your copyright, you are encouraged to notify Peersnest in accordance with Peersnest’ Digital Millennium Copyright Act (“DMCA”) Policy. Peersnest will respond to all such notices in accordance with applicable law. Peersnest will ban or terminate a channel’s access to and use of the Services if, under appropriate circumstances, that channel is determined to be a repeat copyright or intellectual property rights infringer. In the case of such ban or termination, Peersnest will have no obligation to provide access to any Services.
Monitoring and Enforcement; Ban and Termination
We have the right to:
Modify, ban or terminate the Services for any reason, without notice, at any time, and without liability to you;
Refuse, terminate, or suspend your access to all or part of the Services for any or no reason, including, without limitation, any violation of these Terms; and
Force forfeiture of any username for any reason.
Upon any such refusal, termination or suspension of your access to the Services, all licenses and other rights granted to you under these Terms will immediately cease.
We may update our Services on regular basis, but they will not necessarily be complete or up-to-date at any given time. Any of the material in the Services may be out of date at any given time, and we are under no obligation to update such material.
You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such, except as may be required by applicable law.
Although it is Peersnest’s intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled or unscheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or software or hardware.
Peersnest reserves the right to remove any content from the Services that is deemed in violation of these Terms, without prior notice. Content removed from the Services may continue to be stored by Peersnest, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order.
First time user responsibility
Peersnest has not reviewed, and cannot review, all of the material, including computer software, posted to our website, and cannot therefore be responsible for that material’s content, use or effects. By operating our website, Peersnest 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.
Our website may contain content posted by others that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, fake news, propaganda, satire, or other errors.
Our Website may also contain material posted by others 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.
Peersnest Content Review Policy
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Peersnest.com links, and that link to Peersnest.com. Peersnest does not have any control over such other websites and is not responsible for their contents or their use. By linking to any such other website, Peersnest does not represent or imply that it endorses such website. 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. Peersnest disclaims any responsibility for any harm resulting from your use of such other websites and webpages.
If we adopt a new policy relating to the Services that is material, Peersnest will inform you by posting on your news feed, by sending you an email or other communication before the new policy takes effect. The notice will designate a reasonable period of time after which such new policy will take effect. If you disagree with such new policy, then you should stop using the Services within the designated notice period. Your continued use of the Services indicates your acceptance of such new policy, and your continued use of the Services will be subject to such new policy.
Disclaimer of Warranties and Limitation of Liability
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.
VIOLATION OF THESE TERMS MAY, IN PEERSNEST’ SOLE DISCRETION, RESULT IN TERMINATION OF YOUR ACCOUNT. YOU UNDERSTAND AND AGREE THAT PEERSNEST CANNOT AND WILL NOT BE RESPONSIBLE FOR THE CONTENT POSTED ON THE SERVICES AND YOU USE THE SERVICES AT YOUR OWN RISK. IF YOU VIOLATE THE LETTER OR SPIRIT OF THESE TERMS, OR OTHERWISE CREATE RISK OR POSSIBLE LEGAL EXPOSURE FOR PEERSNEST, WE CAN STOP PROVIDING ALL OR PART OF THE SERVICES TO YOU.
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAWS, PEERSNEST OFFERS THE SERVICES “AS-IS” AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COMPATIBILITY WITH ANY SOFTWARE OR HARDWARE.
PEERSNEST DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT PEERSNEST’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH USE OR DOWNLOADING MATERIAL FROM THE SERVICES.
PEERSNEST DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
YOUR USE OF THE SERVICES AND ITS CONTENT IS AT YOUR OWN RISK. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL PEERSNEST, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“THE PEERSNEST PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE PEERSNEST PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PEERSNEST SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CLAIMS OF INFRINGEMENT RELATING TO THE SERVICES, FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE SERVICES OR RELATING TO THE SERVICES.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF PEERSNEST AND THE PEERSNEST PARTIES (JOINTLY), IN ANY ACTION OR CLAIM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, OR THE SALE OR USE OF, OR INABILITY TO USE, PEERSNEST TOKENS IN CONNECTION WITH THE SERVICES, EXCEED THE AMOUNT YOU PAID TO US FOR PEERSNEST TOKENS AND USE OF THE SERVICES WITHIN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH ACTION OR CLAIM.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE PEERSNEST PARTIES FROM AND AGAINST ANY AND ALL LOSS, EXPENSES, DAMAGES, AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, RESULTING, WHETHER DIRECTLY OR INDIRECTLY, FROM YOUR VIOLATION OF THESE TERMS. YOU ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS THE PEERSNEST PARTIES FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE SERVICES.
Dispute Resolution, Arbitration; Jurisdiction
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH PEERSNEST AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Binding Arbitration. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either Party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Peersnest
(i) waive your and Peersnest’ respective rights to have any and all Disputes arising from or related to these Terms resolved in a court, and
(ii) Waive your and Peersnest’ respective rights to a jury trial. Instead, you and Peersnest will arbitrate Disputes through binding arbitration pursuant to the (Act of the constitution) to the maximum extent permitted by applicable law. (This includes the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
No Class Arbitrations, Class Actions or Representative Actions. Any Dispute arising out of or related to these Terms is personal to you and Peersnest and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Notice; Informal Dispute Resolution. Each Party will notify the other Party in writing of any Dispute within thirty (30) calendar days of the date it arises, so that the Parties can attempt in good faith to resolve the Dispute informally. Notice to Peersnest shall be sent by email to Peersnest at firstname.lastname@example.org. Notice to you shall be by email to the then-current email address in your Account. Your notice must include:
Your name, postal address (if applicable), email address and telephone number,
Description in reasonable detail of the nature or basis of the Dispute.
The specific relief that you are seeking. If you and Peersnest cannot agree how to resolve the Dispute within thirty (30) calendar days after the date notice is received by the applicable Party, then either you or Peersnest may, as appropriate and in accordance with these Terms, commence an arbitration proceeding or, to the extent specifically provided for in these Terms, file a claim in court.
Process. Arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference. The state and federal courts located in the State of Connecticut will have exclusive jurisdiction over (i) any appeals and the enforcement of an arbitration award, or (ii) any claim filed in court where permitted in these Terms.
Authority of Arbitrator.As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitral, and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
Injunctions and Court Proceedings.With respect to any action or proceeding for which courts are an expressly permitted method of adjudication hereunder (set forth below), the exclusive jurisdiction and venue for all such actions or proceedings arising out of, or related to, these Terms will be in an appropriate state or federal court located in the State of Connecticut. (the “Designated Courts”), and the Parties hereby irrevocably consent to the personal and subject matter jurisdiction of such court, waive any claim that such courts do not constitute a convenient and appropriate venue for such actions or proceedings, and waive the right to a trial by jury. Each Party consents to service of process upon itself by means of any of the methods for delivery of notice that are specified in these Terms.
To the extent that arbitration pursuant to the terms of this section is not permitted under applicable law, a Party may seek resolution of any dispute in the Designated Courts.
To the extent the Parties mutually-agree to forego arbitration for a dispute, the Parties shall seek resolution of such dispute in the Designated Courts.
Permitted appeals and/or enforcement of an arbitration award shall take place in the Designated Courts.
Certain breaches of these Terms by a User may, by its gravity or nature, cause immediate and irreparable injury to Peersnest that cannot be adequately compensated for in damages, including, without limitation, infringement of Peersnest’ intellectual property rights. Accordingly, notwithstanding anything to the contrary in these Terms, in the event of any such breach and in addition to all other remedies available herein, Peersnest may seek solely injunctive relief from the Designated Courts without posting a bond or other security.
These Terms will be governed by and construed and enforced in accordance with the laws of Zambia, without regard to conflict of law rules or principles (whether of the Zambia or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.
Waiver and Severability
No waiver by Peersnest of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Peersnest to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
Notice to you: We may provide any notice to you under these Terms by: (A) posting a notice on our website; or (B) sending an email to the email address then associated with your account. Notices we provide by posting on our website will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive or read the email.
Notice to us:To give us notice under these Terms, you must contact Peersnest by email at email@example.com or contacting our customer care lines. We may update this email address for notices to us by posting a notice on our website or sending an email to you. Notices to us will be effective when received by us.
Language: All communications and notices to be made or given pursuant to these Terms must be in the English language.
Peersnest and its affiliates will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, war, changes in block chain technology, changes in the Ethereal or Peersnest protocols or any other force, event or condition outside of our control.