Probably Nothing, Inc.
Terms of Service
May 21, 2022
Probably Nothing Inc. (referred to herein as “Probably Nothing,” “We,” “Our,” or “Us”) is pleased to permit access to and use of the Disco web application and related software development kits, application programming interfaces, websites, mobile applications, communications, plugins, and other services that are offered by Us hereunder (collectively and including as they may be updated from time to time, “Disco”) to each individual who is at least 18 years of age, has registered and secured an account as provided herein (“User Account”) and is accessing or using Disco as Our guest (“User,” “You,” “Your”) according to these Disco Terms of Service (collectively, the “Terms”). Disco is not intended for individuals under 18 years of age. By accessing or using Disco You represent that You are at least 18 years of age.
1.1. Use of Disco is Subject to These Terms
Probably Nothing welcomes You to Disco! Your access to and/or use of Disco is available only through Your User Account and is subject to these Terms and all applicable laws and regulations. By accessing and/or using Disco, You accept and agree to abide by these Terms. If You do not accept and agree to these Terms, You are not authorized to access or otherwise use Disco.
We may modify these Terms from time to time by revising them and showing the revision date, as indicated above. Your continued use of Disco thereafter constitutes Your acceptance of any such revisions. These Terms may not be modified except by Us.
2. User Account
Users of Disco must have a unique User Account provided by Probably Nothing. You are responsible for maintaining the confidentiality of the public and private key pairing for Your User Account and for all activities that occur under or in connection with such User Account (regardless of whether or not You personally undertake or authorize such activities). Any public and private key pair for a User Account shall be for the individual use of such User only. You agree to notify Us immediately of any unauthorized use of Your public and private key pair of which You become aware.
2.2. Electronic Communications
By creating a User Account, You (1) consent to receive communications from Us electronically, and (2) agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. You specifically acknowledge and agree that We may communicate with You via email or by posting notices to Your User Account or otherwise through Disco.
Disco facilitates the sharing of information in many ways, including by allowing Disco Users to create, transmit, receive, and/or display Verifiable Credentials. Information and content that You choose to share may be seen by other Disco Users. Where information-sharing settings are available to You, Your use of same authorizes Disco to effect the choices You make about which Disco Users can access content or information You share. Except as required by law, We undertake no obligation to provide any information or content to any Disco User at any time and We can decline to do so, with or without notice.
2.4. Acceptable Use
Disco Users may use Disco to create, transmit, and/or receive Verifiable Credentials in a manner not otherwise prohibited by these Terms. Use of obscene or abusive language, images or content, harassment in any manner or form or activities in violation of law undertaken through Disco are strictly forbidden. Impersonation of others, including a Probably Nothing employee, agent, or representative, another User of Disco, or any other party is expressly prohibited. You may not upload to, distribute, or otherwise disseminate through Disco any information, image, communication, or content which is libelous, defamatory, obscene, threatening, infringing of proprietary rights, invasive of privacy or publicity rights, abusive, illegal, harmful to minors, or which may constitute or encourage a civil or criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not use any robot, spider, or other automatic device, process, or similar means to access or extract information from Disco (including for purposes of monitoring or copying any material or content available on or through Disco); disseminate information intended to deceive other Users or solicit personal or other sensitive information; post or introduce any virus, malware, ransomware, ‘worm,’ ‘bot,’ ‘time-bomb,’ ‘Trojan horse,’ ‘back door’ or other malicious code, functionality or security vulnerability that may cause damage or permit unauthorized access to Disco or any hardware, software or data of Probably Nothing or any other party (“Malware”); transmit or facilitate the transmission of, any advertising or promotional material (including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation) through Disco; or engage in any other conduct that restricts or inhibits any authorized use or enjoyment of Disco by other Users or which may harm Probably Nothing, Disco, or other Users.
For the avoidance of doubt, Users may not use Disco:
- in a way prohibited by law, regulation, governmental order, decree or sanction;
- to violate the rights of others;
- to try to gain unauthorized access to or disrupt any service, device, data, account or network;
- to send spam or distribute Malware;
- in a way that could harm Disco or impair anyone else’s use thereof;
- in any application or situation that could lead to the death, injury or harm of any person or damage to property or to the environment;
- in violation of these Terms; or
- to assist or encourage anyone to do any of the above.
Engaging in any of the foregoing prohibited uses or other illegal or unethical activity on or through Disco may subject You and Your User Account to immediate suspension or termination, at Probably Nothing’s sole discretion, with or without notice.
2.5. Intellectual Property
Disco, including its functionality, design, appearance and the compilation of all information, images and content comprising same, and, except as otherwise specified, all intellectual property rights (including all patent, copyright, trademark, trade secret and other proprietary rights) in and to the foregoing are the property of Probably Nothing or its licensors and content suppliers and subject to protections under United States and international intellectual property laws. Except as expressly permitted under these Terms, You agree not to copy, download, or print any content from Disco without Probably Nothing’s prior written consent or to change or remove any copyright, trademark or other proprietary rights notices from Disco or from materials copied, downloaded or printed from Disco.
2.6. Notification of Copyright Infringement Under the Digital Millennium Copyright Act
We respect the intellectual property rights of others and require that Users of Disco do the same. We may terminate access and/or use privileges of Disco Users who are infringers of intellectual property rights. Users may not submit, post, store, transmit or otherwise disseminate any material or content on or through Disco in any manner that infringes another party’s intellectual property rights, specifically including rights under copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may, pursuant to provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA"), report alleged infringements to Us. If You believe in good faith that Your copyright-protected work has been copied or distributed through Disco in a way that constitutes copyright infringement, please send the following information (or statement conforming with the DMCA) to us at DMCA@Disco.xyz:
1. Your name, address, telephone number, and email address;
2. A description of the copyrighted work that You claim has been infringed on or through Disco;
3. A description of the allegedly infringing material or content and information reasonably specific and sufficient to permit Us to locate it;
4. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed; and
6. A statement by You that the foregoing information in Your notice to Us is accurate and, under penalty of perjury, that You are the copyright owner or authorized to act on the copyright owner’s behalf.
3. Disclaimer and Limit of Liability
3.1. No Warranty
DISCO IS PROVIDED “AS-AVAILABLE” AND “AS-IS,” WITHOUT WARRANTY OF ANY KIND. PROBABLY NOTHING IS ONLY PERMITTING YOUR ACCESS TO AND OPPORTUNITY TO USE DISCO. PROBABLY NOTHING MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR QUIET ENJOYMENT REGARDING DISCO OR YOUR ACCESS TO DISCO OR USE THEREOF. PROBABLY NOTHING DOES NOT REPRESENT OR WARRANT THAT DISCO OR ANY FEATURES OR FUNCTIONS THEREOF WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS THEREIN WILL BE CORRECTED, OR THAT DISCO WILL BE FREE FROM HACKING, RANSOMWARE, DENIAL OF SERVICE OR OTHER ATTACKS, VIRUSES OR OTHER MALICIOUS CODE. YOU ACCEPT ALL RISKS ASSOCIATED WITH USING DISCO.
3.2. Verifiable Credentials
Disco allows Users to create, transmit, and/or receive Verifiable Credentials in a manner not otherwise prohibited by these Terms. However, DISCO DOES NOT VERIFY THE AUTHENTICITY OF ANY CREDENTIAL NOR DOES DISCO MAKE ANY NORMATIVE STATEMENTS REGARDING THE ACCURACY OF ANY CLAIMS IN OR CONTENT OF ANY CREDENTIAL. By using and/or accessing Disco, You agree to rely on information obtained or accessed through Disco AT YOUR OWN RISK. Prior to relying on any Verifiable Credential, We strongly encourage Disco Users to analyze at least: (1) what type of claim is being made; (2) what claim is being made; (3) when the claim is being made (4) whether the identities of the parties asserting the claim and purporting to assert the claim match; and (5) who the subject of the claim is.
3.3. Errors, Inaccuracies, and Omissions
Occasionally there may be information on or accessed via Disco that contains errors, inaccuracies, or omissions that may relate to service descriptions, including Disco availability, credentials, and/or Disco Users. Occasionally, information may also be inadvertently omitted from Disco. We reserve the right, but have no obligation, to correct any errors, inaccuracies, or omissions and to change or update information accessible through Disco, at any time and without prior notice.
By accessing or using Disco, You acknowledge that We cannot update, amend, delete, or restrict access to (except, in some instances, through Disco) information Disco Users have chosen to store on a decentralized network (such as a Ceramic network). By accessing or using Disco, You further acknowledge that We undertake no obligation to update, amend, or restrict access to information accessible through Disco. We may, however, at Our sole discretion or where required by law, update, amend, or restrict access to certain information through Disco.
3.4. Limitation of Liability
YOUR ACCESS TO AND USE OF DISCO IS AT YOUR OWN RISK. BY ACCESSING OR USING DISCO, YOU AGREE THAT NEITHER PROBABLY NOTHING NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS ARE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF DISCO OR INABILITY TO ACCESS OR USE DISCO, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER DOCTRINE OR THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL PROBABLY NOTHING’S LIABILITY TO YOU FOR ANY AND ALL CLAIM(S) EXCEED THE AMOUNT OF FEES PAID BY YOU TO PROBBALY NOTHING FOR YOUR USE OF DISCO DURING THE THREE (3) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO ANY SUCH CLAIM(S).
You agree that any claim by You against Probably Nothing must be brought within one (1) year of the event(s) first giving rise to such claim.
3.5. Third Party Links
Certain content, resources and services available via Disco may include materials from third parties including, but not limited to other Disco Users.
Links on or through Disco may direct You to third party web apps, websites, mobile apps, user interfaces, products, services, content, information or features (“Third Party Features”) that are not affiliated with Probably Nothing. We are not responsible for, do not warrant, and will not have any liability or responsibility for any Third Party Features or for any harm or damages related to the purchase or use of services, resources, content, or any other transactions made in connection with same. Please review any terms, conditions, or policies applicable to such Third Party Features and make sure You understand them before You engage in any transaction involving same. Complaints, claims, concerns, or questions regarding Third Party Features should be directed to the relevant third party.
By using Disco, You agree to indemnify, defend, and hold harmless Probably Nothing and its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of the law or these Terms by You or any activity related to Your User Account (specifically including any negligent, prohibited or wrongful conduct).
5. Governing Law; Dispute Resolution
These Terms of Service and any separate agreements whereby We provide You services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to principles of conflict of laws.
In the event of a dispute between You and Probably Nothing, including any dispute over the validity, enforceability, or scope of these Terms, including this dispute resolution provision (each a “Dispute”), other than with respect to claims for injunctive relief, the Dispute will be resolved by binding arbitration before a single arbitrator pursuant to the rules of the American Arbitration Association Commercial Arbitration Rules. The place of the arbitration shall be in Brooklyn, New York. You and Probably Nothing shall each bear its own expenses in arbitration and shall share equally the fees of the arbitrator. In the event that there is any Dispute between You and Probably Nothing that is determined not to be subject to arbitration pursuant to the preceding sentence, or in the event this arbitration provision is held unenforceable or invalid by a court of competent jurisdiction, You agree to submit to the exclusive jurisdiction and venue of the courts of the State of Delaware located in New Castle County or the United States District Court for the District of Delaware. You agree that this Agreement and the relationship between You and Probably Nothing shall be governed by the Federal Arbitration Act and the laws of the State of Delaware without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. Notwithstanding the foregoing, Probably Nothing may apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.
Any proceedings to resolve or litigate any Dispute in any forum may be conducted on Your behalf solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of a Dispute with other arbitrations or lawsuits, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general or is so represented by another are not permitted and are waived by You, and an arbitrator will have no jurisdiction or authority to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other part of this dispute resolution provision is found to be illegal or unenforceable, that part will be severed with the remainder of this provision remaining in full force and effect.
6.1. No Third Party Beneficiaries
No provision of these Terms shall be deemed to confer on any third party any claim, remedy, liability, reimbursement, cause of action on, other right hereunder, whether against Probably Nothing or otherwise, and, consistent therewith, there are no third party beneficiaries, express or implied, of these Terms.
6.2. Contact Probably Nothing
You may contact Probably Nothing at ContactUs@Disco.xyz.
By contacting Probably Nothing at ContactUs@Disco.xyz, You agree that We may contact You by replying to Your message, by using the e-mail address provided through Your User Account, or by contacting You directly through Your User Account.
Copyright 2022 Probably Nothing Inc. ALL RIGHTS RESERVED.