Last Updated November 9, 2016
These Terms of Service (“Terms”) apply to your access to and use of eSteem and any other products or services that link to these Terms (“eSteem”). By accessing or using eSteem, you agree to be bound by these Terms. If you do not agree to these Terms do not access or use eSteem. If we make changes to these Terms, we will provide notice of those changes by updating the “Last Updated” date above or posting notice on eSteem. Your continued use of eSteem will confirm your acceptance of the changes. You understand and agree that these Terms apply solely to your access to, and use of, eSteem and that, when you use other eSteem services such as steemapp.io, the terms and policies particular to those services apply.
6.1. You accept and acknowledge that there are risks associated with utilizing an Internet- based STEEM account service including, but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Account, including, but not limited to your Private Key (as defined below at 10.2.). You accept and acknowledge that eSteem will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused.
6.2. We will use reasonable endeavours to verify the accuracy of any information on the Service but we make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents of the Service, information and functions made accessible through the Service, any hyperlinks to third party websites, nor for any breach of security associated with the transmission of information through the Service or any website linked to by the Service.
6.3. We will not be responsible or liable to you for any loss and take no responsibility for and will not be liable to you for any use of our Services, including but not limited to any losses, damages or claims arising from: (a) User error such as forgotten passwords, incorrectly constructed transactions, or mistyped STEEM addresses; (b) Server failure or data loss; (c) Corrupted Account files; (d) Unauthorized access to applications; (e) Any unauthorized third party activities, including without limitation the use of viruses, phishing, bruteforcing or other means of attack against the Service or Services.
6.4. We make no warranty that the Service or the server that makes it available, are free of viruses or errors, that its content is accurate, that it will be uninterrupted, or that defects will be corrected. We will not be responsible or liable to you for any loss of any kind, from action taken, or taken in reliance on material, or information, contained on the Service.
6.5. Subject to 7.1 below, any and all indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under law.
6.6. We will not be liable, in contract, or tort (including, without limitation, negligence), other than where we have been fraudulent or made negligent misrepresentations.
6.7. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under United States law.
7.1. You agree to hold harmless eSteem (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable legal fees, arising out or relating to:
7.1.1. Your use of, or conduct in connection with, our Services;
7.1.2. Any feedback or submissions you provide (see 19 below);
7.1.3. Your violation of these Terms; or
7.1.4. Violation of any rights of any other person or entity.
7.2. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
8.1. In using our Services, you may view content or utilize services provided by third parties, including links to web pages and services of such parties (“ Third Party Content”). We do not control, endorse or adopt any Third-Party Content and will have no responsibility for Third Party Content including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction. In addition, your dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and you understand that your use of Third Party Content, and your interactions with third parties, is at your own risk.
9.1. You need not use an eSteem Account. If you wish to use an Account, you must create an Account with eSteem to access the Services (“Account”). When you create an Account, you are strongly advised to take the following precautions, as failure to do so may result in loss of access to, and/or control over, your Wallet: (a) Create a strong password that you do not use for any other website or online service; (b) Provide accurate and truthful information; (c) Maintain and promptly update your Account information; (d) maintain the security of your Account by protecting your Account password and access to your computer and your Account; (e) Promptly notify us if you discover or otherwise suspect any security breaches related to your Account.
9.2. You hereby accept and acknowledge that you take responsibility for all activities that occur under your Account and accept all risks of any authorized or unauthorized access to your Account, to the maximum extent permitted by law.
10.1. As described in more detail below, the Services, among other things, provide in-browser (or otherwise local) software that (a) generates and stores STEEM ACCOUNT Addresses and encrypted Private Keys (defined below), and (b) Facilitates the submission of STEEM transaction data to the Steem network without requiring you to access the STEEM command line interface.
10.2. Account Names and Private Keys. When you create an Account, the Services generate and store a cryptographic private and public key pair that you may use to send and receive STEEM and Steem Dollars via the Steem network.. The Private Key uniquely matches the Account Name and must be used in connection with the Account Name to authorize the transfer of STEEM and Steem Dollars from that Account. You are solely responsible for maintaining the security of your Private Key and any password phrase associated with your wallet. You must keep your Account, password phrase and Private Key access information secure. Failure to do so may result in the loss of control of Steem, Steem Power and Steem Dollars associated with the Wallet.
10.3. No Password Retrieval. eSteem does not receive or store your Account password, nor the unencrypted keys and addresses. Therefore, we cannot assist you with Account password retrieval. The Services cannot generate a new password for your Account. You are solely responsible for remembering your Account password. If you have not safely stored a backup of any Account Names and password pairs maintained in your Account, you accept and acknowledge that any STEEM, Steem Dollars and Steem Power you have associated with such Account will become inaccessible if you do not have your Account password.
10.4. Transactions. In order to be completed, all proposed Steem transactions must be confirmed and recorded in the Steem public ledger via the Steem distributed consensus network (a peer-to-peer economic network that operates on a cryptographic protocol), which is not owned, controlled or operated by eSteem. The Steem Network is operated by a decentralized network of independent third parties. Blockchain has no control over the Steem network and therefore cannot and does not ensure that any transaction details you submit via the Services will be confirmed via the Steem network. You acknowledge and agree that the transaction details you submit via the Services may not be completed, or may be substantially delayed, by the Steem network. You may use the Services to submit these details to the network.
10.5. No Storage or Transmission of STEEM, Steem Dollars or Steem Power. Steem, in any of its forms (STEEM, Steem Dollars and Steem Power) is an intangible, digital asset. They exist only by virtue of the ownership record maintained in the Steem network. The Service does not store, send or receive Steem. Any transfer of title that might occur in any STEEM, Steem Dollars or Steem Power occurs on the decentralized ledger within the Steem network and not within the Services. We do not guarantee that the Service can effect the transfer of title or right in any Steem, Steem Dollars or Steem Power.
10.6. Relationship. Nothing in these Terms is intended to nor shall create any partnership, joint venture, agency, consultancy or trusteeship, you and eSteem being with respect to one another independent contractors.
10.7. Accuracy of Information. You represent and warrant that any information you provide via the Services is accurate and complete. You accept and acknowledge that eSteem is not responsible for any errors or omissions that you make in connection with any Steem transaction initiated via the Services, for instance, if you mistype an Account Name or otherwise provide incorrect information. We strongly encourage you to review your transaction details carefully before completing them via the Services.
10.8. No Cancellations or Modifications. Once transaction details have been submitted to the Steem network via the Services, The Services cannot assist you to cancel or otherwise modify your transaction details. eSteem has no control over the Steem Network and does not have the ability to facilitate any cancellation or modification requests.
10.9. Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions you for which you have submitted transaction details via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that eSteem is not responsible for determining whether taxes apply to your Steem transactions or for collecting, reporting, withholding or remitting any taxes arising from any Steem transactions.
11.1. Company Fees Creating an Account. eSteem does not currently charge fees for any Services, however we reserve the right to do so in future, and in such case any applicable fees will be displayed prior to you using any Service to which a fee applies.
12.1. If you use a Service to which Steem, Steem Dollars or Steem Power is transacted, you will not be able to change your mind once you have confirmed that you wish to proceed with the Service or transaction.
15.1. We may, in our sole discretion and without cost to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services. You are solely responsible for storing, outside of the Services, a backup of any Account and Private Key pair that you maintain in your Wallet.
15.2. If you do not maintain a backup of your Account data outside of the Services, you will be may not be able to access Steem, Steem Dollars and Steem Power associated with any Account Name maintained in your Account in the event that we discontinue or deprecate the Services.
16.1. We may suspend or terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your Account and all related information and files in such without cost to you, including, for instance, in the event that you breach any term of these Terms. In the event of termination, your access to funds will depend on your access to your backup of your Account data including your Account Name and Private Keys.
17.1. When accessing or using the Services, you agree that you will not commit any unlawful act, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
17.1.1. Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
17.1.2. Use our Services to pay for, support or otherwise engage in any illegal activities, including, but not limited to illegal gambling, fraud, money- laundering, or terrorist activities.
17.1.3. Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
17.1.4. Use or attempt to use another user’s Wallet without authorization;
17.1.5. Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
17.1.6. Introduce to the Services any virus, Trojan, worms, logic bombs or other harmful material;
17.1.7. Develop any third-party applications that interact with our Services without our prior written consent;
17.1.8. Provide false, inaccurate, or misleading information; or
17.1.9. Encourage or induce any third party to engage in any of the activities prohibited under this Section.
17.1.10. Reverse engineer any aspect of eSteem or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any eSteem Content, area or code of eSteem.
24.1. Binding ArbitrationExcept for disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, you and eSteem: (a) waive your right to have any and all disputes or Claims arising from these Terms or eSteem (collectively, “Disputes“) resolved in a court; and (b) waive your right to a jury trial. Instead, you and eSteem will arbitrate Disputes through binding arbitration (which is 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).
24.2. No Class Arbitrations, Class Actions or Representative ActionsYOU AND ESTEEM AGREE THAT ANY DISPUTE IS PERSONAL TO YOU AND ESTEEM AND THAT ANY SUCH DISPUTE 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. NEITHER PARTY AGREES TO CLASS ARBITRATION OR TO AN ARBITRATION IN WHICH AN INDIVIDUAL ATTEMPTS TO RESOLVE A DISPUTE AS A REPRESENTATIVE OF ANOTHER INDIVIDUAL OR GROUP OF INDIVIDUALS. FURTHER, YOU AND ESTEEM AGREE THAT 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.
24.3. Federal Arbitration ActYou and eSteem agree that these Terms affect interstate commerce and that the enforceability of this Section 24 shall be governed by, construed and enforced, both substantively and procedurally, by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) to the maximum extent permitted by applicable law.
24.4. ProcessYou and eSteem agree that you will notify each other in writing of any Dispute within thirty (30) days of when it arises so that the parties can attempt, in good faith, to resolve the Dispute informally. Notice to eSteem shall be provided by sending an email to firstname.lastname@example.org. Your notice must include: (1) your name, postal address and email address; (2) a description of the nature or basis of the Dispute; and (3) the specific relief that you are seeking. If you and eSteem cannot agree how to resolve the Dispute within thirty (30) days of eSteem receiving the notice, either you or eSteem may, as appropriate pursuant to this Section 24, commence an arbitration proceeding or file a claim in court. You and eSteem agree that any arbitration or claim must be commenced or filed within one (1) year after the Dispute arose; otherwise, you and eSteem agree that the claim is permanently barred (which means that you will no longer have the right to assert a claim regarding the Dispute). You and eSteem agree that: (a) any arbitration will occur in San Francisco County, California; (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (c) the state or federal courts in California will have exclusive jurisdiction over the enforcement of an arbitration award and over any Dispute between the parties that is not subject to arbitration. You may also litigate a Dispute in small claims court located in the county where you reside if the Dispute meets the requirements to be heard in small claims court.
24.5. Authority of ArbitratorAs limited by the FAA, these Terms and applicable JAMS rules, the arbitrator will have: (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute; and (b) the authority to grant any remedy that would otherwise be available in court. 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.
24.6. Rules of JAMSThe rules of, and additional information about, JAMS are available on the JAMS website at http://www.jamsadr.com/, as may be updated from time to time. By agreeing to be bound by these Terms, you either: (a) acknowledge and agree that you have read and understand the rules of JAMS; or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
24.7. SeverabilityIf any term, clause or provision of this Section 24 is held invalid or unenforceable, it will be so held to the minimum extent required by law and all other terms, clauses or provisions will remain valid and enforceable. Further, the waivers set forth in Section 24.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.