Terms and Conditions
1. Acceptance of Contractual Relationship
1.2. Sigma1 SL may, at its sole discretion, amend or supplement the Terms related to the Services from time to time. Amendments will be effective upon Sigma1 SL’s posting of such amended or supplemented Terms on the Website. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
1.3. Where the user is accessing this site on behalf of a business or legal entity then that business or legal entity shall be bound herein and the party agreeing to these Terms warrants that they are possessed of the necessary rights, power and authority to legally bind the legal entity to these Terms.
1.4. Sigma1 SL may further terminate these Terms with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
2. Your Use of the Services
2.1. In order to use the Services you must create a user account. You agree to maintain accurate, complete, and up-to-date information on your user account. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services.
2.2. You may not authorize third parties to use your user account. You may not assign or otherwise transfer your user account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes.
2.3. In order to use any aspect of the Services you must be at least 13 years of age and if you are over 13 years of age you cannot allow access to these Services to any person under the age of 13.
2.4. You are responsible for all activity that occurs under your user account, and you agree to maintain the security and secrecy of your user account username and password at all times.
2.5. Should any loss or damage arise to Sigma1 SL or any other user of the Services as a result of any unauthorized use of your user account or failure to comply with your obligations in terms of Paragraphs 2.1 to 2.4 above, you shall be liable, jointly and severally, to Sigma1 SL and all other affected users.
2.6. The Service may contain links to third party websites that are not owned or controlled by Sigma1 SL. Sigma1 SL has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. By using the Service, you expressly relieve Sigma1 SL from any and all liability arising from your use of any third party website.
3. General Use of the Service
3.1. Sigma1 SL grants you permission to use the Services as set forth in these Terms provided that:
3.1.1. you shall not alter or modify any part of the Service;
3.1.2. the Embed feature on your website may not be modified to block any functionality of the Embed feature including, but not limited to, any link back to the Website or any other Services, as determined by Sigma1 SL from time to time;
3.1.3. you shall not engage in any activities which could have the effect of artificially increasing page views, likes or subscribers through the use of “bots”, “spiders” or “offline readers; and
3.1.4. you shall not collect or harvest any personally identifiable information, including, user account names, from the Service, nor use any communication systems provided by the Service for any commercial purpose.
4.1. For the purpose of these Terms “Content” shall include texts, images, links, user comments and all other content you may view on, access through, or contribute to the Service and a “Content Creator” is any person over the age of 18, who submits and publishes Content through the Services.
4.2. You specifically warrant acknowledge and agree that all Content uploaded on the Website or contributed to the Service:
4.2.1. is made available for public viewing and use and Sigma1 SL does not have any obligation to keep such Content confidential;
4.2.2. is owned by you or you have obtained the necessary permissions, rights or licenses and consents of use if it is not owned by you; and
4.2.3. does not infringe any copyright, trademark or other proprietary rights of any other party.
4.3. Sigma1 SL does not claim any rights of ownership over any Content submitted through the Services and cannot verify the lawful ownership of all of the Content submitted, accordingly, and notwithstanding any other limitation of liability contained in these Terms, Sigma1 SL is indemnified and held harmless against any liability arising from any infringement of any intellectual property rights held by a third party over any Content, as a result of publication of such Content through the Services by any user thereof.
4.4. Should any party demonstrate that any Content published through the Services, infringes any intellectual property right or any other legal right of a third party, then Sigma1 SL at its sole and absolute discretion may remove the Content from the Services, after notification, notwithstanding the provisions of Paragraph 7 (Copyright and DMCA procedure) of these Terms.
5.1. In order to promote, publicize, market and further the success of your Content you grant Sigma1 SL a non-exclusive worldwide, perpetual, irrevocable, transferable, royalty-free license, for the purposes of publicly displaying and exploiting such content in all formats and distribution channels now known or hereafter devised, for the benefit of the Content Creator and Sigma1 SL jointly.
5.2. Sigma1 SL will not place any restrictions on the ordinary use of Content published through the Services, unless stated in additional terms or in other service, products or offerings made available to and, used by the Content Creator, by Sigma1 SL. Without any limitation to any other provision in these Terms and for the sake of clarity, the Content Creator may post their Content on other third party platforms without any restriction.
5.3. Sigma1 SL shall not sell or redistribute your Content to any third parties.
5.4. Without any limitation to any other right granted to us by you to your Content, Sigma1 SL is granted a royalty-free license to make use of your name, likeness and biographical information for promotional purposes, including, but not limited to activities such as creating advertising campaigns or granting the operators of public search engines permission to use “spiders” to copy certain Content for the sole purpose of and to the extent necessary of creating publicly available searchable indices of such Content.
6. Content Creator Support Programme, Credits and Payment
6.1. Support Programme and Purchasing Credits
6.1.1. All users of the Services can use currencies such as US Dollars, British Pounds or Euros, etc. to purchase credit packages from Sigma1 SL, as determined by Sigma1 SL from time to time. Credit packages are advertised exclusive of VAT and other applicable taxes, accordingly, prices at check-out may differ from advertised prices when VAT and other applicable taxes are included.
6.1.2. Credits packages purchased will be credited to your user account and can be exchanged for purchasing access to a Content in accordance with the payment terms as set out by the Content Creator, on a monthly subscription basis as published on their profile, or any other purpose as determined by Sigma1 SL, in its sole discretion, from time to time.
6.1.3. Credits do not have any real world application and can only be used in accordance with these Terms and payment terms as set out by Sigma1 SL, which are subject to change, from time to time, without any further notice to you. Further as the credits are not a real world currency they are not redeemable from Sigma1 SL or any other party against payment of real world currency.
6.1.4. Should your credits in your user account be depleted, then Sigma1 SL is expressly authorized to debit your bank account for the purchase of the same credit package which was previously purchased by you, in the event that you wish to continue to tip or purchase access to the Content of a Content Creator. The user may opt out of the automatic renewal of credit package purchases at any time after the date of the previous purchase and prior to the date of any subsequent purchase, automatic or otherwise.
6.1.5. In addition to purchasing access to Content, users can tip additional credits to Content Creators.
6.1.6. All income generated by Content Creators through the Service shall be paid and split between the parties in the following ratio:
126.96.36.199. 15% to Sigma1 SL as fees for marketing, advertising, development, hosting, processing, driving traffic to the Content and all other necessary administration fees; and
188.8.131.52. 85% to the Content Creator.
6.1.7. Users shall not be permitted to request a refund for the purchase of any credit packages under any circumstances, unless required by applicable law.
6.2. Payments of Content Creators
6.2.1. Content Creators must be over the age of 18 to participate in the support programme and receive any payments from Content submitted and published through the Services. Should you be under the age of 18 (or the legal age of majority in the country where you reside if the age is higher than 18), then you will be automatically disqualified from participating in the support programme and receiving any payment from the Services.
6.2.2. As a result of users residing in various parts of the world Content Creators are required to maintain an active Paypal Account, in order to request and receive payments from income generated through the Services. When payments are requested it may take between 3-5 days for a payment to be reflected in your Paypal account, accordingly and notwithstanding any other limitation of liability contained in these Terms, Sigma1 SL is indemnified against any loss or damage arising from any issues with the transfer of monies from Sigma1 SL to Paypal (unexpected delays, failure of remittance of funds, etc.).
6.2.3. Payments made through Paypal may incur fees and other costs as charged by Paypal from time to time and for the sake of clarity the Content Creator is advised that those fees and costs are for the account of the Content Creator. Sigma1 SL shall not under any circumstances be liable to make payment of or reimburse the Content Creator for those fees and costs.
6.2.4. Content Creators expressly acknowledge and agree that they are solely responsible for any tax obligation they have to any government in the world, accordingly, Sigma1 SL will not withhold any taxes from payments to Content Creators as a result of income generated through the Services. If there is a legal obligation to withhold any taxes, outside of the United States, it is the obligation of the Content Creator to notify Sigma1 SL immediately. If your income from the Service exceeds $600, you will receive a W-9 for Content Creators who are US citizens and W-8BEN for international Content Creators.
6.2.5. Payments will only be effected to Content Creators when the revenue generated by the Content Creator is equal to or greater than $5 (Five US Dollars) and payments will be withheld indefinitely until the value of $5 (Five US Dollars) is reached.
7. Copyright Violations and DMCA Procedure
7.1. Should you be of the view that copyright protected work owned by you was published and submitted through the Services then you may submit a copyright infringement notification in terms of the Digital Millennium Copyright Act of 1998 (“DMCA”) to firstname.lastname@example.org.
7.2. The submission of a DMCA infringement notice is the initiation of a legal process and prior to the submission of any DMCA infringement notices you are legally obligated to ensure that:
7.2.1. you, or the party you represent, is the legal owner of the Content, as false claims can lead to liability arising from loss or damages as made reference to in the DMCA; and
7.2.2. the Content is not covered under fair use, fair dealing or similar exception in the DMCA.
7.3. A DMCA notice must be submitted in writing and is legally required to contain the following information:
7.3.1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that is alleged to have been infringed;
7.3.2. identification of the copyrighted work claimed to have been infringed and information reasonably sufficient to permit Sigma1 SL to locate the material;
7.3.3. information reasonably sufficient to permit Sigma1 SL to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
7.3.4. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner; and
7.3.5. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the copyright that is allegedly infringed.
7.4. A counter notice can be submitted to Sigma1 SL should you wish to challenge the legitimacy of any DMCA infringement notice submitted. The counter notice must contain:
7.4.1. your physical or electronic signature;
7.4.2. identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
7.4.3. a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
7.4.4. your name address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the Laws of Spain and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
7.5. Should the party who initiated the infringement notice fail to initiate legal proceedings in response to the counter notice, within 10 business days from the date of receipt thereof, the Content may be replaced or restored, at Sigma1 SL’s sole and absolute discretion.
8. Disclaimers; Limitation of Liability; Indemnity
SIGMA1 SL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SIGMA1 SL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
8.2. LIMITATION OF LIABILITY
SIGMA1 SL SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SIGMA1 SL SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY CONTENT CREATOR OR OTHER USER, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE COMPANY’S REASONABLE CONTROL. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold Sigma1 SL and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; or (iv) your violation of the rights of any third party.
9. Governing Law; Arbitration
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of The Republic of Spain. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be Sigma 1 SL’s office situated at Calle Balmes, 173, 08006, Barcelona, Republic of Spain, The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
10. Other Provisions
Sigma1 SL may give notice by means of a general notice to the email address in your user account, or by written communication sent to your address as set forth in your user account. You may give notice to Sigma1 SL by written communication to Sigma1 SL's address at Calle Balmes, 173, 08006 Barcelona, The Republic of Spain.
10.2.1. You may not assign or transfer these Terms in whole or in part without Sigma1 SL’s prior written approval. You give your approval to Sigma1 SL for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Sigma1 SL’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Sigma1 SL or any third party provider as a result of the contract between you and Sigma1 SL or use of the Services.
10.2.2. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to”.
You can contact us with any queries at email@example.com.