Terms of Use
1. Scope of Terms
The documents in this section constitute our STOmaker Terms. The website owner has created and maintains the STOmaker website (including other related websites, which are collectively known as STOmaker or we or us or our). The website’s purpose is to provide a SaaS service where users (you or your) and other senior managers, change managers, experts, product and service representatives, consultants and other interested parties (each, a user and collectively, users) can obtain information around and work in the area of digital transformation in finance (i.e. blockchain based financial instruments), finance focussed digital marketing and similar areas of interest that can be found on the STOmaker websites.
The website also provides access to learning material such as but not limited to tools, templates and online course material that can be alternatively accessed through external hosting providers where applicable, which contains partly free-of-charge and partly paid offers. The respective terms of our external hosting provider, in this case, become a part of these terms.
If you are accessing and/or using STOmaker on behalf of your employer or as a consultant or agent of an external third party (collectively your company), you represent and warrant that you have the authority to act on behalf of and bind your company to the terms of this ToU and everywhere in this ToU that refers to you or your, shall also include your company(s).
2. Terms Acceptance
Unless otherwise agreed to in a separate, written and signed agreement between your company and STOmaker your access and use of our website STOmaker, its (blog) content, learning materials, or any forums, wikis, or services provided on STOmaker (any services), are subject to this ToU. There might be additional disclaimers for your use of STOmaker and the services it provides may also incorporate further legal notices, affiliate and click-through agreements, or other legal agreements (collectively known as additional legal terms), which we may post on STOmaker, where applicable. This ToU and the applicable additional legal terms (collectively, overall terms) form a legally binding agreement between you and us regarding your access and our content and services.
Where there is a conflict between the terms in this ToU and any additional legal terms, the terms in the additional legal terms shall preside. By accessing or using STOmaker, you accept and agree to the terms of this ToU. If you do not agree to the terms of this ToU, you should not attempt to access or use STOmaker. Your access and use of any our materials or related documentation and software provided on STOmaker (together STOmaker materials) shall be subject to a separate software license agreement made available to you at the time you access or download..
3. Changes of ToU
STOmaker reserves the right to make changes to this ToU and to modify, alter or discontinue any part or all of our services at any time. STOmaker will notify you of changes to this ToU when you our website or receive our emails other than posting such updates of the ToU in the “Terms” section of our website. We may also make changes to our products and service offerings at any time without notice.
4. Scope of Use
You are permitted to access the STOmaker website and use the provided content, services and learning materials only for your personal, educational, informational and non-commercial purposes.
5. Copyright
According to internationally accepted laws it is an infringement of a copyright holder’s’ rights where are produce unauthorised copies, distribute, modify, publicly display copyrighted works. You agree that you will not use our website to infringe any of the intellectual property rights of STOmaker or other contributors and partners of our website. More specifically, you must not remove, overprint or deface any notice of copyrights, trademarks, logos or other notice of ownership from any originals or copies of our materials or any content accessed on our website. Intellectual property rights in the context of our website also means patents of any type, design rights and other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing. The copyrights extend to any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.
6. Intellectual Property Rights (IPR)
Intellectual property rights to any of STOmaker materials and the services shall belong to STOmaker. Nothing in this ToU shall be deemed to give you the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivatives from, transfer, or sell any STOmaker materials for any reason unless otherwise permitted by law or after obtaining STOmaker‘s consent in writing. You hereby agree to assign and do assign to STOmaker any modifications or derivative works of any our materials made by. Subject to agreement we may sublicense your modifications.
7. Confidentiality
Inbound Confidentiality – in your communication with us which is mainly through, but not limited to, email or commentary on our blog pages, you agree not to provide STOmaker or any other users with confidential or proprietary information that you or the owner of the information do not intend to become public. Communication with STOmaker will be deemed not to be confidential or proprietary, and you expressly agree that you waive any trade secret or other confidentiality rights with respect to publicly sharing such content.
Outbound Confidentiality – you agree not to reproduce any confidential information to which you are provided access through STOmaker in any form except when we authorise you to do so at the time of disclosure. Any reproduction of information from STOmaker‘s confidential information shall remain the property of STOmaker and shall contain any and all confidential or proprietary notices that appear on the original. You agree to take all reasonable steps (defined below) to keep all confidential information strictly confidential
to use confidential information solely as authorised at the time of disclosure, and
not to disclose any confidential information to any party without the prior written consent of STOmaker.
You do not acquire any rights in confidential information except the limited rights as described above. In no event shall you use confidential information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on our products and materials, or compete with STOmaker materials, products and services in whole or in part. As used herein, confidential information shall mean all trade secrets and other information or services which STOmaker or third parties protect against unrestricted disclosure to others which is either labelled confidential, accessed through a restricted area on our or our partner’s teachable website. This expressedly includes software downloads.
All communications and their content by you with STOmaker, whether as commentary into , for example, blog posts or as email, shall be at your own risk and STOmaker takes no responsibility for the use or misuse of any such information by any other user of STOmaker.
8. Links and Content on STOmaker
STOmaker is only responsible or liable for the content posted on our website to the extent required by English Law. STOmaker may contain links to external websites and information provided on such external websites by partners of STOmaker and third-party service providers. We shall not be responsible for the contents of any linked website, or any changes or updates to such sites. You further agree that STOmaker shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available on or through any such linked web site. Any article, information, data, code, text, software, documentation, graphics, image, marketing material, video, photograph, message, or posting to any forum, wiki, or blog on STOmaker (collectively content), whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the content.
9. Termination and Accountability
In the event you are in material breach of this ToU, STOmaker may, at its sole discretion refuse you any current or future use of our website. STOmaker may remove any content posted on STOmaker‘s blog posts on our sole discretion. We shall not be liable to you or any third party for any termination or change to STOmaker and/or the services. If you send or upload content that is confidential or proprietary of a third party without that third party’s permission, or, if you transmit or upload content that is intended to infect, corrupt or otherwise disrupt the operation of STOmaker or any other users computer system, STOmaker may report you to the relevant authorities to ensure you are held accountable to the fullest extent of applicable laws.
More specifically, you agree not to use STOmaker to:
1. Publish, upload, post, email, transmit or otherwise make available any content that (a) you do not have the right to make available (b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (c) infringes any intellectual property rights of any party, (d) includes any unsolicited or unauthorised advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise, or (e) contains a software virus, Trojan horse, worm, time bomb, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property;
2. Defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity;
3. Impersonate any person or entity, including, but not limited to, STOmaker officials, STOmaker employees, or any other third party, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. Forge email headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the services;
5. Download any file or content posted by another user that you know, or reasonably should know, should not be legally reproduced, displayed, performed and/or distributed in such manner;
6. Interfere with or disrupt the services, servers, or networks which support the services, or disobey any requirements, procedures, policies or regulations of networks connected to the services;
7. Violate any applicable local, regional, national or international law and any regulations;
8. Harvest, collect, or store personal information or data of other users.
You acknowledge that by breaching this provision, you would commit a criminal offence under the computer misuse act.
10. Indemnification
You agree to indemnify and hold STOmaker, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your content or your usage of STOmaker‘s materials and services. This indemnification includes your breach of this ToU or STOmaker’s copyright or privacy statements, or your alleged violation of any other rights of a third party.
11. Limitation of Liability
To the extent allowable by applicable English law, STOmaker and its affiliates, subsidiaries, officers, employees, agents, partners, and licensors are not liable to any user for any direct, indirect, incidental, special, punitive, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, revenue, goodwill, use, data, or other intangible losses (even if STOmaker has been advised of the possibility of such damages), however caused, whether in contract, tort, or otherwise, arising out of or resulting from:
1. the use or the inability to use STOmaker, STOmaker materials, or services;
2. the cost of procurement of substitute goods and services arising out of your use or inability to use any STOmaker materials, content, or services purchased or obtained during transactions conducted on STOmaker;
3. unauthorised access to or alteration of your transmissions or data;
4. statements, messages, or conduct of any third party on STOmaker; or
5. any other matter relating to STOmaker materials or our services.
Notwithstanding anything to the contrary herein, these limitations shall not apply in case of intent or gross negligence by STOmaker and in case of STOmaker statutory liability for personal injury and defective products.
12. Exclusions of Software Warranties
STOmaker‘s materials, content and services are being provided to you as is. STOmaker does not guarantee or warrant any features or qualities of STOmaker, content, or services or give any undertaking with regard to any other quality. Statements and explanations to STOmaker materials, content, software, products and services in promotional material or on STOmaker and in the documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by a user from any published STOmaker description of or advertisement except to the extent STOmaker has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of STOmaker‘s management.
STOmaker does not represent or endorse the accuracy or reliability of
1. any links to web-pages of third parties contained on STOmaker, or the content obtainable on such web-pages or
2. any information provided by third parties on STOmaker.
STOmaker only reviews whether the content of such webpages at the time it was linked, and information provided by third parties on STOmaker evidently contains illegal contents or infringements against intellectual property rights. STOmaker will not permanently control and/or review the linked webpages and the information provided by third parties but upon sufficiently proven indication will remove the respective link and/or information. STOmaker shall not be liable for damages caused by the use of the content and/or information, unless such damages have been caused by STOmaker wilful misconduct, gross negligence or STOmaker failure to fulfil its duty to review as stipulated herein.
13. Applicable law
Information appearing on this website is provided in accordance with and subject to English law, and the laws of England and Wales govern the conduct and operation of this website. The courts of England and Wales have exclusive jurisdiction over all claims or disputes arising in relation to, out of, or in connection with these terms and conditions of use, the information contained on this website, and any use made of that information. Any such claims or disputes shall be resolved in accordance with the laws of England and Wales.
You also agree to comply with all laws from the country in which you reside that are applicable to the transmission of data on the internet, including, but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.
14. Survival
Your confidentiality obligations hereunder shall survive termination of your access rights. Upon any termination of your account, or STOmaker’s written request, you must cease use of confidential information, discoveries, and/or services and return or destroy all confidential information in your possession or control.15. Waiver and severability
The failure of STOmaker to exercise or enforce any right or provision of this ToU shall not constitute a waiver of such right or provision. To the extent that any provision in this ToU shall be found to be unenforceable, such provision shall be modified in such a manner so as to make this ToU as modified, legal and enforceable under applicable laws and the balance of the provisions of this ToU shall not be affected thereby.
Version: May 2023
