Stackings Terms of Service

Posted: September 27th , 2023

Effective: September 27th , 2023

These Terms of Service govern the use of the Armand Morin Network owned Stackings.com site and platform (“Stackings”)

These terms of service (“Terms”) cover your use and access to the services, client software and websites ("Services") of Stackings.ai owned by Armand Morin Network (“Stackings”). By using our Services, you’re agreeing to be bound by these Terms, our Privacy Policy, and Acceptable Use Policy.

Content Ownership & Permissions.

The content on the Website, including but not limited to text, graphics, images and other material (the “Content”) is owned by Stackings or its licensors and is protected by copyright and or other intellectual property laws.  You may not use the Content for commercial purposes or reproduce, republish, distribute, display or otherwise exploit the Content in any way without the prior written permission of Stackings.

Your Responsibilities

Your use of the “Stackings” website and Services must comply with our Acceptable Use Policy, found at the end of these Terms.  Content made available by Services may be protected by others’ intellectual property rights. You cannot copy, upload, download, or share content unless you have the right to do so.

“Stackings” may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. We aren’t responsible for the content people post and share via the Services.

You are fully responsible for any and all activities that occur on your account, even activates that might occur due to access by a third party due to illegal access to your account.  You are responsible for keeping your login details confidential and secure.

You may use “Stackings” Services only as permitted by applicable law, including export control laws and regulations. Finally, to use our Services, you must be at least 13 (or older, depending on where you live).

 

Services

The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title, or interest in the Services, others’ content in the Services, “Stackings” trademarks, logos and other brand features.

Copyright

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, “Stackings” will respond expeditiously to claims of copyright infringement committed using the Stackings Service if such claims are reported to “Stackings”’s Designated Copyright Agent identified in the sample notice below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to “Stackings”’s Designated Copyright Agent. Upon receipt of Notice as described below, “Stackings” will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.

  1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
  3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
    • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
    • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to “Stackings”’s Designated Copyright Agent:

Copyright Agent
Armand Morin Network, Inc.
1621 Central Ave
Cheyenne, WY 82001

 

Paid Accounts

Billing:  You will be charged for your chosen plan at the time you sign up for Service.  Billing cycles are either 30 days or 365 days.  You will automatically be billed on each periodic renewal until cancellation.  Cancellation must take place in writing to support@Stackings.ai

Refund policy:  You may cancel your Stackings account at any time, and you will not be charged further.  Access to your account will remain until the end of the current billing cycle in which you cancel. You must cancel your service PROIR to the next scheduled billing to avoid charge.  If charged, no refund is available.

Upgrades & Downgrades. You may upgrade or downgrade your service at any time by contacting support@Stackings.ai.  Upgrade: If you upgrade in the middle of a billing cycle you will start a new billing agreement and cycle and increased storage will be available immediately.  No refund or discount is available for any part of the service you are upgrading from.  Downgrading: If you downgrade in the middle of a billing cycle you will start a new billing agreement and cycle and decreased storage will be available immediately.  No refund or discount is available for any part of the service you are downgrading from.

Fee Changes. We may change the billing plan fees.  Account holders will be notified via the email associated with their account at least 3 months prior to the change.

Termination

You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:

(a) you’re in breach of these Terms,

(b) your use of the Services would cause a real risk of harm or loss to us or other users, or

(c) you don’t have a Paid Account and haven't accessed our Services for 12 consecutive months.

We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Stuff from our Services. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.

We won’t provide notice before termination where:

(a) you’re in material breach of these Terms,

(b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or

(c) we're prohibited from doing so by law.

Discontinuation of Services

We may decide to discontinue the Services in response to unforeseen circumstances beyond Stackings’s control or to comply with a legal requirement. If we do so before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven't received Services for.

Services “AS IS”

We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, STACKINGS AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR STACKINGS’S OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN’T ALLOWED, WE'RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.

IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, STACKINGS, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON’T BE LIABLE FOR:

  1. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR
  2. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.

THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT STACKINGS OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, STACKINGS, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY, STACKINGS, AND ITS AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.

OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $20 USD OR 100% OF ANY AMOUNT YOU'VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH STACKINGS.

Resolving Disputes

Before filing a claim against Stackings, you agree to try to resolve the dispute informally by contacting the Stackings team at support@Stackings.ai. We will do everything we can to resolve the dispute via email or escalate to phone contact if necessary.  If we are unable to resolve the dispute within 30 days of initial submission, you or Stackings may bring a formal proceeding.

You and ARMAND MORIN NETWORK, INC agree that these Terms shall be governed by and construed in accordance with the laws of the state of Wyoming, USA, and that any dispute between you and ARMAND MORIN NETWORK, INC concerning Stackings or arising out of or related to these Terms shall be resolved exclusively in the courts of the state of Wyoming, USA.

Except where prohibited by applicable law, any claim or cause of action by you concerning CreatorConnection or arising out of or related to these Terms must be filed within one year after such claim or cause of action arose, or be forever barred.

IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

You and Stackings agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.

The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the Cheyenne, WY USA.

The AAA rules will govern payment of all arbitration fees.

NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void.

Controlling Law

These Terms will be governed by Wyoming State law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn’t override those laws.

Entire Agreement

These Terms constitute the entire agreement between you and Stackings with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability & Assignment

No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Modifications

We may revise these Terms from time to time to better reflect:

(a) changes to the law,

(b) new regulatory requirements, or

(c) improvements or enhancements made to our Services.

If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.

If you don’t agree to the updates we make, please cancel your account before they become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.

Acceptable Use Policy

You agree not to misuse the Stackings services ("Services") or help anyone else to do so. Including:

  • probe, scan, or test the vulnerability of any system or network;
  • breach or otherwise circumvent any security or authentication measures;
  • access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you don’t have explicit permissible access to;
  • interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
  • access, search, or create accounts for the Services by any means other than our publicly supported interfaces (examples:, "scraping" or creating accounts in bulk);
  • send unsolicited communications, promotions or advertisements, or spam;
  • send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
  • promote or advertise products or services other than your own without appropriate authorization;
  • abuse referrals or promotions to get more storage space than deserved or to sell storage space received from referrals or promotions;
  • circumvent storage space limits;
  • sell the Services unless specifically authorized to do so;
  • publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence or terrorist activity, including terror propaganda;
  • advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment;
  • harass or abuse Stackings personnel or representatives or agents performing services on behalf of Stackings;
  • violate the law in any way, including storing, publishing or sharing material that's fraudulent, defamatory, or misleading; or
  • violate the privacy or infringe the rights of others.