Terms of Service
Last Updated February 5, 2018.
Welcome to Steemit! These Terms of Service (“Terms”) apply to your access to and use of Steemit.com and any other products or services that link to these Terms (the “Service”). Steemit is provided by Steemit, Inc. (“Steemit”, the "Company", “we” or “us”). By accessing or using Steemit, you agree to be bound by these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 23, do not access or use the Service. 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 Steemit. Your continued use of Steemit will confirm your acceptance of the changes.
Steemit is not targeted toward, nor intended for use by, anyone under the age of 13. You must be at least 13 years of age to access or use Steemit. If you are between 13 and 18 years of age (or the age of legal majority where you reside), you may only access or use Steemit under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
3. Copyright and Limited License
We may retain data, text, photographs, images, video, audio, graphics, articles, comments, software, code, scripts and other content supplied by us, the Steem blockchain or our licensors, which we call “Steemit Content.” Steemit Content is protected by intellectual property laws, including copyright and other proprietary rights of the United States and foreign countries. Except as explicitly stated in these Terms, we do not grant any express or implied rights to use Steemit Content.
You are granted a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use Steemit and Steemit Content for your personal use. You retain ownership of and responsibility for Content you create or own ("Your Content"). If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.
4. Adult-Oriented Content
Steemit is intended for a general audience and, as a result, some Steemit Content may discuss or depict adult-oriented topics. We realize that this content may not be appropriate or desirable for some of our readers depending on their current location, age, background, or personal views. As a result, we will attempt to label this content as Not Safe For Work ("NSFW").
Marking Steemit Content as NSFW does not prevent you from being able to access this content but, instead, helps you make informed decisions about the type of content you view on Steemit.
"Steem", "Steemit", "SMTs", the Steemit logo and any other product or service names, logos or slogans that may appear on Steemit are trademarks of the Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “Steemit” or any other name, trademark or product or service name of Steemit without our prior written permission. In addition, the look and feel of Steemit, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Steemit and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned or used on Steemit are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by the Company.
6. Assumption of Risk, Limitations on Liability.
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 or associated with your Account, including, but not limited to your Private Key or Keys (as defined below at 10.2.). You accept and acknowledge that we 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 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, brute forcing 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 New York 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. Agreement to Hold Steemit Harmless
7.1. You agree to hold harmless Steemit (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 17 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 will pursue a settlement of any action or proceeding.
8. No Liability For Third-Party Services And Content
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. Account Registration
9.1. You need not use a Steemit Account. If you wish to use an Account, you must create a Steem Blockchain account 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 Account: (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. The Steemit Services
10.1. As described in more detail below, the Services, among other things, provide in software that 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. If you create an Account through Steemit, 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, provided however, that you may create an account to the Steem blockchain outside the bounds of the Steemit. The Private Key or Keys uniquely match 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 Keys and any password phrase associated with your Account. 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 your Account.
10.3. No Password Retrieval. The Company does not receive or store your Account password, nor your Private Keys. Therefore, we cannot assist you with Account password retrieval, reset, or recovery. 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 permanently 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 the Company. The Steem Network is operated by a decentralized network of independent third parties. The Company 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 affect 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 the Company 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 the Company 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. The Company 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 the Company 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. Fees for Using the Steemit Services
11.1. Company Fees Creating an Account. The Company 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. No Right To Cancel And/Or Reverse Steem Transactions
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.
13. Discontinuation of Services.
13.1. 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 Account.
13.2. 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.
14. Suspension or Termination of Service.
14.1. 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.
15. User Conduct
15.1. 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:
15.1.1. Use of 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;
15.1.2. Use our Services to pay for, support or otherwise engage in any activity prohibited by law, including, but not limited to illegal gambling, fraud, money-laundering, or terrorist financing activities.
15.1.3. Use or attempt to use another user’s Account without authorization;
15.1.4. 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;
15.1.5. Introduce to the Services any virus, Trojan, worms, logic bombs or other harmful material;
15.1.6. Encourage or induce any third party to engage in any of the activities prohibited under this Section.
16. Third-Party Content and Sites
The Company may include links and other content owned or operated by third parties, including advertisements and social “widgets” (we call these “Third-Party Content”). You agree that the Company is not responsible or liable for Third-Party Content and that you access and use Third-Party Content at your own risk. Your interactions with Third-Party Content are solely between you and the third party providing the content. When you leave Steemit, you should understand that these Terms no longer govern and that the terms and policies of those third-party sites or services will then apply.
You may submit questions, comments, feedback, suggestions, and other information regarding Steemit (we call this “Feedback”). You acknowledge and agree that Feedback is non-confidential and will become the sole property of the Company. The Company shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and is entitled to the unrestricted use and dissemination of this Feedback for any purpose, without acknowledgment or compensation to you. You agree to execute any documentation required by the Company to confirm such assignment to the Company.
18. Copyright Complaints, the DMCA, and Takedowns
18.1 We will respond to legitimate requests under the Digital Millennium Copyright Act ("DMCA"), and we retain the right to remove access to user content provided via Steemit that we deem to be infringing the copyright of others. If you become aware of user content on Steemit that infringes your copyright rights, you may submit a properly formatted DMCA request (see 17 U.S.C. § 512) to Steemit.
Misrepresentations of infringement can result in liability for monetary damages. You may want to consult an attorney before taking any action pursuant to the DMCA. A DMCA request can be sent to us via the contact information below:
Copyright Agent Steemit, Inc. 251 Little Falls Drive Wilmington, DE 19808
Please send our Copyright Agent the following information:
The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
Identification of the copyrighted work claimed to have been infringed, or a representative list of such works;
The URL or Internet location of the materials claimed to be infringing or to be the subject of infringing activity, or information reasonably sufficient to permit us to locate the material;
Your name, address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
18.2 Your right to file a counter-notice
If we remove your user content in response to a copyright or trademark notice, we will notify you. If you believe your user content was wrongly removed due to a mistake or misidentification of the material, you can send a counter-notice to our Copyright Agent (contact information provided above) that includes the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled;
A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.
Upon receiving a counter-notice we will forward it to the complaining party and tell them we will restore your content within 10 business days. If that party does not notify us that they have filed an action to enjoin your use of that content on Steemit before that period passes, we will consider restoring your user content to the site.
It is Steemit's policy to deny use of the Service to users we identify as repeat infringers. We apply this policy at our discretion and in appropriate circumstances, such as when a user has repeatedly been charged with infringing the copyrights or other intellectual property rights of others.
All the things you do and all the information you submit or post to Steemit remain your responsibility. Indemnity is basically a way of saying that you will not hold us legally liable for any of your user content or actions that infringe the law or the rights of a third party or person in any way.
Specifically, you agree to hold Steemit, its affiliates, officers, directors, employees, agents, and third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of Steemit, your violation of this user agreement, and/or your violation of the rights of any third party or person.
To the fullest extent permitted by applicable law, Steemit and the Steemit content are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement and any warranties implied by any course of performance or usage of trade. The company does not represent or warrant that Steemit and the Steemit content: (a) will be secure or available at any particular time or location; (b) are accurate, complete, reliable, current or error-free or that any defects or errors will be corrected; and (c) are free of viruses or other harmful components. Your use of Steemit and the Steemit content is solely at your own risk. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
21. Limitation of liability
To the fullest extent permitted by applicable law, in no event shall the company or the any related party to the company, that includes but is not limited to, subsidiaries, vendors, or contractors, be liable for any special, indirect, incidental, consequential, exemplary or punitive damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including, but not limited to, negligence) or otherwise, arising out of, or in any way connected with, the use of, or inability to use, Steemit or the Steemit content. To the fullest extent permitted by applicable law, in no event shall the aggregate liability of the company or any related party, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to: (a) the use of or inability to use Steemit or the Steemit content; or (b) these terms exceed any compensation you pay, if any, to the company for access to or use of Steemit.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.
22. Modifications to Steemit
The Company reserves the right to modify or discontinue, temporarily or permanently, Steemit, or any features or portions of Steemit, without prior notice. You agree that the Company will not be liable for any modification, suspension or discontinuance of Steemit, or any part of Steemit.
Please read the following section carefully because it requires you to arbitrate certain disputes with Steemit and limits the manner in which you can seek relief from Steemit.
23.1. Binding Arbitration
Except 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 the Company: (a) waive your right to have any and all disputes or Claims arising from these Terms or the Company (collectively, “Disputes”) resolved in a court; and (b) waive your right to a jury trial. Instead, you and the Company 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).
23.2. No Class Arbitrations, Class Actions or Representative Actions
You and the company agree that any dispute is personal to you and Steemit 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 Steemit 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.
23.3. Federal Arbitration Act
You and the Company agree that these Terms affect interstate commerce and that the enforceability of this Section 14 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.
You and the Company 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 the Company shall be provided by sending an email to email@example.com. 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 the Company cannot agree how to resolve the Dispute within thirty (30) days of the Company receiving the notice, either you or Company may, as appropriate pursuant to this Section 14, commence an arbitration proceeding or file a claim in court. You and the Company agree that any arbitration or claim must be commenced or filed within one (1) year after the Dispute arose; otherwise, you and the Company 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 the Company agree that: (a) any arbitration will occur in New York County, New York; (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 New York 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.
23.5. Authority of Arbitrator
As 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.
23.6. Rules of JAMS
The 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.
If any term, clause or provision of this Section 14 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.
24. Applicable Law and Venue
These Terms and your access to and use of Steemit and the Steemit Content will be governed by, and construed in accordance with, the laws of New York, without resort to its conflict of law provisions. To the extent the arbitration provision in Section 14 does not apply and the Dispute cannot be heard in small claims court, you agree that any action at law or in equity arising out of, or relating to, these Terms shall be filed only in the state and federal courts located in New York County, New York and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
The Company reserves the right, without notice and in our sole discretion, to terminate your license to access and use Steemit and to block or prevent your future access to, and use of, Steemit.
If any term, clause or provision of these Terms is deemed to be unlawful, void or for any reason unenforceable, then that term, clause or provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
This Agreement is the entire agreement between you and us concerning Steemit. It supersedes all prior or contemporaneous agreements between you and us. We may modify this user agreement at any time. If we make changes to this agreement that materially affect your rights, we will provide advance notice and keep this edition available as an archive on the Steemit website. By continuing to use Steemit after a change to this agreement, you agree to those changes.
28. Contact Information
DMCA requests to Steemit, Inc should be directed to firstname.lastname@example.org.
All other notices to Steemit, Inc should be directed to email@example.com.