NOSTR.BUILD

Terms of Service

Overview

Effective December 24, 2022

Using our website, api or any connected apps (Damus, Amethyst, NoStrudel, Coracle, Snort, Iris, etc.) to do anything other than access the links to this "Terms" page or accessing any page of our website other than our home page and this "Terms" page constitutes your consent to these terms of use and to our Privacy Policy. If you do not consent, do not use our website. Your use of our website to do anything beyond simply accessing/viewing it (that is, uploading, downloading, commenting, etc.), constitutes not merely your consent, but also your electronic signature, meaning that you are contractually bound by these terms and by our Privacy Policy. Summary of Arbitration Provisions These Terms contain a binding arbitration provision and class action waiver terms. Unless you opt out or there is a suit in small claims court, you and we agree to submit disputes to a neutral arbitrator and not to sue in court in front of a judge or jury. Please see the arbitration section below for details. Our community rules These Terms of Use are our contract with you. We also have community rules, developed thanks to input from the nostr.build community, that serve as rules for using nostr.build publicly. Stuff not to do If someone else might own the copyright to it, don't upload it. Don't upload gore, "hate speech" (i.e. demeaning race, gender, age, religious or sexual orientation, etc.), or material that is threatening, harassing, defamatory, or that encourages violence or crime. Don't upload illegal content such as child porn or nonconsensual ("revenge") porn. Don't hotlink to adult content or to file-sharing, gambling, torrent, warez, or nostr.build rip-off sites. Don't impersonate someone else. Also, don't use nostr.build to host image libraries you link to from elsewhere, content for your website, advertising, avatars, or anything else that turns us into your content delivery network. If you do – and we will be the judge – or if you do anything illegal, in addition to any other legal rights we may have, we will ban you along with the site you're hotlinking from, delete all your media, report you to the authorities if necessary, and prevent you from viewing any media hosted on nostr.build. We mean it. Stuff to do, please Please have tons of fun! That's what nostr.build is all about. If something isn't fun -- if you see anything on our site that shouldn't be there because it violates our policies, is illegal (e.g. revenge porn or child porn), or for some other reason, please let us know by emailing us at admin@nostr.build pr @nostr.build on nostr.

About Media you upload

You can upload media anonymously and share them online with only the people you choose to share them with. If you upload using nostr's free service, they may be featured in the gallery or View All section. If you share an image publicly with nostr, Facebook, Twitter, Digg, Reddit, etc., then it may also end up in the View All or Gallery section.

Details

12/24/2022 Intellectual Property By uploading a file or other content or by making a comment, you represent and warrant to us that (1) doing so does not violate or infringe anyone else's rights; and (2) you created the file or other content you are uploading, or otherwise have sufficient intellectual property rights to upload the material consistent with these terms. With regard to any file or content you upload to the public portions of our site, you grant nostr.build a non-exclusive, royalty-free, perpetual, irrevocable worldwide license (with sublicense and assignment rights) to use, to display online and in any present or future media, to create derivative works of, to allow downloads of, and/or distribute any such file or content. To the extent that you delete any such file or content from the public portions of our site, the license you grant to nostr.build pursuant to the preceding sentence will automatically terminate, but will not be revoked with respect to any file or content nostr.build has already copied and sublicensed or designated for sublicense. Also, of course, anything you post to a public portion of our site may be used by the public pursuant to the following paragraph even after you delete it. USE OF nostr.build CONTENT By downloading an image or copying other user-generated content (UGC) from nostr.build, you agree that you do not claim any rights to it. The following conditions apply: You may use UGC for personal, non-commercial purposes. You may use UGC for anything that qualifies as fair use under copyright law, for example journalism (news, comment, criticism, etc.), but please include an attribute ("nostr.build" or "courtesy of nostr.build") next to where it is displayed. You may not use UGC for non-journalistic commercial purposes. Your use of UGC is at your own risk. nostr.build MAKES NO WARRANTIES OF NON-INFRINGEMENT, and you will indemnify and hold nostr.build harmless from any copyright infringement claims arising out of your use of the UGC. (See our general disclaimers below.) You may not copy or use any portions of our site that are not UGC except within the limits of fair use. NOTICES OF CLAIMED COPYRIGHT INFRINGEMENT (OR OTHER TYPES OF INFRINGEMENT) If you see anything on our site that you believe infringes your copyright rights, you may notify our Digital Millennium Copyright Act ("DMCA") agent by sending the following information: Identification of the copyrighted work or works claimed to have been infringed. IMPORTANT: please include your copyright registration number. If your work is not yet registered, please include a copy of the application to register the work that you filed with the Copyright Office. A copyright infringement claim based on a U.S. work can only be filed if the work has been registered (http://www.copyright.gov/eco/). Registration currently takes about seven months. Identification of the material on our servers that is claimed to be infringing and that is to be removed, including the URL or other information to enable us to locate the material. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you as copyright owner, or by your agent, or by law. A statement that the information in your notice is accurate, and under penalty of perjury, that you are the owner (or authorized to act on behalf of the owner) of the exclusive copyright right that is allegedly being infringed. Your physical or electronic signature, or of someone authorized to act on your behalf. Instructions on how we may contact you: preferably email, but also address and phone. Because a high percentage of DMCA takedown notices are not valid, nostr.build reserves the right to ignore DMCA notifications based on unregistered works. Email: admin@nostr.build.

If we receive a DMCA takedown demand for material you posted that we believe constitutes fair use, we will attempt to notify you if we have your contact info; otherwise we are under no obligation to notify you regarding the removal. We reserve the right to refuse to remove any material that in our view constitutes fair use. If we identify you as a "repeat infringer," we will block or remove your media and terminate any accounts you have with us. (If we notify you of a DMCA removal and you respond with a legitimate counter-notice, that won't count toward being a repeat infringer.) Keep in mind that we reserve the right to remove any content at any time whether or not it infringes or violates any of our policies. Use of Trademark Any uses of our name, trademarks, and logos must follow our Trademark Use Policy. Agreement to Arbitrate and Class Action Waiver You and we agree to resolve any and all disputes with binding individual arbitration before a single arbitrator appointed by the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA") and not to sue in court in front of a judge or jury. The neutral arbitrator will decide the dispute, and the arbitrator's decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, requests for public injunctive relief, and any other proceeding or request for relief where someone acts in a representative capacity are not permitted. The term "dispute" shall be understood to be as broad as it can be. It includes any disputes, controversies, claims, etc., arising from or relating to your use of nostr.build, your relationship with nostr.build, and these Terms, under any legal theory including contract, warranty, tort, statute, or regulation. Arbitration Procedure To initiate an arbitration, you must submit a Demand for Arbitration to the email address of admin@nostr.build. The AAA will conduct any arbitration under its Consumer Arbitration Rules (unless you are not an individual or the value of the dispute is more than $75,000 in which case it will adopt the Commercial Arbitration Rules). For more information, see www.adr.org. These Terms govern to the extent they conflict with any applicable AAA rules. In a dispute involving $25,000 or less, any hearing will be telephonic or by videoconference unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or, if a business, your principal place of business). The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim but not relief that would affect non-parties. The arbitrator shall have the power to rule on all issues except that a court has exclusive authority (i) to decide arbitrability, as well as formation, existence, scope, validity, and enforceability of this arbitration agreement; (ii) to enforce the prohibition on class, representative, private attorney-general, or combined actions or proceedings, or public injunctive relief; and (iii) to enjoin an arbitration from proceeding if it does not comply with this provision. Arbitration Fees and Payments. For individuals, we will promptly reimburse your filing fees and pay the AAA's and arbitrator's fees and expenses if the dispute involves less than $75,000. Otherwise, including for individual disputes involving $75,000 or more, the AAA rules will govern payment of filing fees and the AAA's and arbitrator's fees and expenses. Small Claims Court Exception. Instead of proceeding with arbitration, either you or we may sue the other party in small claims court seeking only individualized relief, so long as the action meets the small claims court's requirements and remains an individual action seeking individualized relief. The small claims court must be in your county of residence (or, if a business, your principal place of business). Severability. If, after exhaustion of all appeals, a court finds any part of this section unenforceable as to any claim or request for a remedy, then the parties agree to arbitrate all claims and remedies subject to arbitration before litigating in court any remaining claims or remedies (such as a request for a public injunction remedy, in which case the arbitrator issues an award on liability and individual relief before a court considers that request). Otherwise, if any other part of this section is found to be unenforceable, the remainder will remain in effect (with an arbitration award issued before any court proceeding begins). Disclaimer of Warranties, Limitations of Remedies, Indemnity Although of course we strive to make nostr.build as dependable as possible, nostr.build's services are provided on an AS IS – WITH ALL FAULTS basis. Your use of our service is entirely at your own risk. We do not guarantee the availability of our service at any given time, or the reliability of our service when it is running. We do not guarantee the integrity of, or the continued availability of, files on our servers. Whether we make backups, and if so, whether restoration of those backups will be available to you, is at our discretion. nostr.build DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY. NOTWITHSTANDING ANYTHING ELSE STATED IN THESE TERMS, AND IRRESPECTIVE OF WHETHER nostr.build TAKES OR DOES NOT TAKE MEASURES TO REMOVE INAPPROPRIATE OR HARMFUL CONTENT FROM ITS SITE, nostr.build HAS NO DUTY TO MONITOR ANY CONTENT ON ITS SITE. nostr.build DOES NOT ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, OR HARMLESSNESS OF ANY CONTENT APPEARING ON nostr.build THAT IS NOT PRODUCED BY nostr.build, INCLUDING BUT NOT LIMITED TO USER CONTENT, ADVERTISING CONTENT, OR OTHERWISE. Your sole remedy for the loss of any services and/or of any images, media or other data you may have stored on nostr.build's service is to discontinue your use of our service. nostr.build WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, nostr.build'S SERVICES, EVEN IF nostr.build HAS BEEN ADVISED OF OR REASONABLY SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. NO CAUSE OF ACTION ARISING OUT OF YOUR USE OF nostr.build'S SERVICES MAY BE BROUGHT MORE THAN ONE YEAR AFTER IT OCCURS. YOU WILL INDEMNIFY AND HOLD nostr.build AND ALL OF ITS PERSONNEL HARMLESS FROM ALL LOSS, LIABILITY, CLAIMS, DAMAGES AND EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, ARISING OUT OF OR RELATED TO YOUR VIOLATION OF THESE TERMS, YOUR INFRINGEMENT OF ANY THIRD PARTY'S RIGHTS, AND ANY HARM CAUSED TO ANY THIRD PARTY AS A RESULT OF YOUR UPLOADING OF FILES, COMMENTS, OR ANYTHING ELSE TO OUR SERVERS. Miscellaneous "nostr.build" or "we" refers to nostr.build, Inc., a Delaware corporation, and its successors and assigns. "You" refers to any person who has consented to these terms or has become contractually bound to them, whether such person is identified or not at the time. These terms are governed by California law, excluding its conflicts of law principles, and if there is a lawsuit between you and nostr.build, jurisdiction and venue will lie exclusively in the State where the defendant is located, if within the United States, or in Santa Clara County, California otherwise. If any part of these terms is invalid, the remaining provisions will be unaffected. These Terms of Use constitute the entire agreement among the parties relating to this subject matter, and they will continue to govern any issues that arise out of your use of nostr.build's services even after you discontinue using them. We may revise these terms from time to time without notice. Whenever we do so, we will so indicate by changing the version date at the top. Any changes apply as of the time they are posted. nostr.build is not meant for use by children under age 13; if your child is younger than 13 please allow him or her to use it only under your supervision. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. See e.g. www.toptenreviews.com/software/security/best-internet-filter-software.