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ABOUT US

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TERMS OF SERVICE

Updated and effective as of June 11, 2019

1. OVERVIEW

About the Company

Supermassive Corp. and its affiliates and subsidiaries, and their respective directors, officers, and employees, (collectively, “Supermassive,” the “Company,” “we,” “us” or “our”) operate the website located at supermassive.cc and other related websites, subpages, subdomains, mobile applications, content, products, offerings, information, tools, software and services, including any software provided to you that allows you to access such websites and mobile applications from a computer or mobile device (collectively, the “Site”).

Please read these Terms of Service carefully before accessing, viewing or using our Site. By accessing, viewing or using the Site or any part of it, including by signing up or registering for an account or by using or accessing any of the Services (as defined below), you agree to be bound by these Terms of Service and to all other terms, conditions, policies and notices that appear on the Site, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, and including any subscription fees or pricing terms contained on the Site at or about the point of sale, or that otherwise pertain to the terms and conditions of your contract with us (collectively, these “Terms of Service” or “Terms”).

These Terms of Service are a legal contract between the Company and you. If you do not wish to be bound by these Terms of Service or if you do not agree with all of the terms and conditions in these Terms of Service, you may not use the Site or the Services. Acceptance by you of these Terms of Service and agreement to be bound hereby is expressly conditioned upon your assent to all of the terms and conditions in these Terms of Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, merchants, advertisers, promoters, Customers (as defined below), and other users of any type.

Any new features, offerings, information, tools, software or services that are added to the Site shall also be subject to these Terms of Service. You can review the most current version of these Terms of Service at any time on this page.

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for updates or changes. Your continued use of or access to the Site following the posting of any updates or changes constitutes acceptance of those updates or changes.

Privacy Policy

The Company respects the privacy of its users. Please refer to the Company’s Privacy Policy (available at https://www.iubenda.com/privacy-policy/26365928) which explains how we collect, use, store, retain and disclose your information. When you access the Site or use the Services, you signify your agreement to this Privacy Policy, which is incorporated herein by reference. Any information, including any Submitted Content (as defined below) submitted in connection with your use of the Site or the Services is subject to our Privacy Policy.

2. DEFINITIONS

Capitalized terms used in these Terms of Service have the meanings assigned to such terms in the text of these Terms of Service or as set forth in this Section:

Supermassive Content” means any Content provided or made available to any user by Supermassive through (and including) the Site or as part of the Services.

Supermassive Materials” means the Site, the Services, the Supermassive Content, and any and all other information, data, documents, materials, works and other content, devices, methods, processes, hardware, software, know-how and other technologies and inventions, technical or functional descriptions, requirements, plans or reports, that are provided or used by Supermassive in connection with the Services or the Site or that otherwise comprise or relate to the Services, the Site or the Supermassive Systems. For the avoidance of doubt, Supermassive Materials include the Resultant Data and any information, data or other content derived from the Company’s monitoring of any Customer’s, Contract Party’s or other user’s access to or use of the Services or the Site; provided, however that Supermassive Materials do not include Submitted Content unless and to the extent otherwise expressly provided herein or assigned to Supermassive.

Content” means any software, technology, designs, materials, information, communications, opinions, records, messages, comments, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, videos, photos, images, reviews, ideas, applications, site functionality, widgets, buttons, labels, suggestions, proposals, blog posts, offers, plans, advertisements, promotions, articles and other data (including data that is or may be deemed Personal Information) or copyrightable or non-copyrightable materials or content, including the selection, arrangements, functionality, processes and user experiences in respect thereof.

Customer” means any user who registers for an account as a Customer with the Site and subscribes for, purchases, or is otherwise granted the right to use or access (including by way of a free trial or “no fee” subscription or one-time or other purchase arrangements that might be offered), the Services as a Customer.

Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, know-how, database protection or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world

Personal Information” means any information that, individually or in combination, does or can identify a specific individual or by or from which a specific individual may be identified, contacted or located. Personal Information includes all “nonpublic personal information” as defined under the Gramm-Leach-Bliley Act, “protected health information” as defined under the Health and Insurance Portability and Accountability Act of 1996, “Personal Data” as defined in the EU Data Protection Directive (Directive 95/46/EEC), “Personal Information” as defined under the Children’s Online Privacy Protection Act of 1998, and all rules and regulations issued under any of the foregoing.

Process” means to take any action or perform any operation or set of operations that the Services are capable of taking or performing on any data, information or other content, including to collect, receive, input, upload, download, record, reproduce, store, organize, compile, combine, log, catalog, cross-reference, manage, maintain, copy, adapt, alter, translate or make other derivative works or improvements, process, retrieve, output, consult, use, perform, display, disseminate, transmit, submit, post, transfer, disclose or otherwise provide or make available, or block, erase or destroy. “Processing” and “Processed” have correlative meanings.

Resultant Data” means information, data and other Content that is derived by or through the Services from the Processing of Submitted Content and is sufficiently different from such Submitted Content that such Submitted Content cannot be reverse engineered or otherwise identified from the inspection, analysis or further Processing of such information, data or Content.

Services” means the proprietary system, Site, mobile applications, products, offerings, features, information, tools, software, and services provided by the Company, including, without limitation: (a) access to the Company’s Sites; (b) blogging, site building, communication and other tools (including, without limitation, the Site dashboard and various analytics and Third Party Applications (as defined below); (c) project management and document solutions and storage; (d) payment services; (e) marketing tools, metrics and analytics; (f) e-learning tools and applications; and (g) marketplaces.

Submitted Content” means any Content submitted, uploaded, transmitted, posted or otherwise made available on or through the Site.

user” or “you” or “your” means any person who views, accesses or uses the Site or the Services in any way.

3. THE SERVICES

About the Services

Supermassive provides a cloud-hosted application providing an on-line community and information and resources on hacking and related subjects and related functionality and offerings. The Site is a web-based blogging and general Content platform hosted and provided by the Company to build and engage a user base of Customers through rich, community-sourced and/or Customer-generated Content, brand marketing, communications and messaging, advertising and promotions and social networking, and provides Customers with access to proprietary and third-party data analytics and tools related to mutual topics of interest.

Customers who subscribe for Services are provided access to the Site and its functionality including Supermassive’s proprietary and third party licensed tools and software. Customers may view and use Content and in certain cases may create and submit Content to be posted on such Site or may otherwise transmit Content and communicate with the other Customers.

The Services also provide a platform for Customers to exchange messages, information, files and documents with each other, including messages, information, files and documents that are part of any Third Party Contract arranged or sourced through the Site. The Services also provide a means for Customers to tender payment to Supermassive for the Services, and for taking feedback from users.

Parts of the Site and the Services may involve or rely on third party applications to process data, perform analytics, make and process payments and for other functionality made available to users (collectively, “Third Party Applications”). The Site and the Services provide a conduit for users to access, indirectly through the Services, such Third Party Applications. Although we reserve the right to use Third Party Applications as part of the Services, our use of any such Third Party Applications does not imply approval or endorsement thereof by the Company. By agreeing to these Terms of Service, you give us express permission to use such Third Party Applications as part of the Services, including for the processing and managing of payments and the provision of certain data analytics tools and functionality available through the Site.

The Site may permit Customers to have the opportunity to enter into Third Party Contracts with Contract Parties sourced or first identified through the Site or otherwise facilitated by the Services. Third Party Contracts and the rights and obligations of the parties thereto and the Company in respect thereof are subject to the terms and conditions set forth in the Section below entitled “Third Party Contracts.”

General Disclaimers Regarding the Services

The Site and the Services are only a marketplace for Customers, Contract Parties and other users of the Site to participate in the offerings provided. All of the Customers other than Supermassive who engage and interact with Customers are independent service providers and are not affiliated in any respect with the Company (other than through these Terms of Service). Supermassive does not hire or employ Customers to provide Content and offerings to you, nor are we responsible or liable for any interactions between Customers, Contract Parties or other users who use the Site and the Services to communicate with each other, to post, view, access or use Content, and/or to enter into Third Party Contracts. Notwithstanding the foregoing, in certain cases, we may and we reserve the right to provide services on the Site.

We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to any conduct of Customers or other users, including, but not limited to, any disputes, claims, losses, injuries or damage relating to any Submitted Content on the Site, general use of or access to the Site, or any Customer’s or other user’s reliance upon any information provided by a other Customer or any other user.

The Company makes no representations, warranties or guarantees whatsoever, express or implied, regarding the quality, workmanship, suitability, appropriateness, relevance, value, authorship, accessibility, usability or completeness of the Site, any Submitted Content thereon, or of any goods, products, offerings or services offered or sold in on the Site. Furthermore, a user’s ability to use the Site and the Services, whether that user is a Customer, Contract Party or other user, is not an endorsement or recommendation of that user (in that applicable capacity as Customer or other user or otherwise) by the Company. We do not warrant that the quality of any Services, information, Content on the Site, or other material obtained by you will meet your expectations or be error-free, or that any errors in the Services or any Content on the Site will be corrected.

The Company makes no representations, warranties or guarantees whatsoever, express or implied, regarding the quality, workmanship, suitability, appropriateness, relevance, value, authorship, accessibility, usability, completeness, accuracy or truthfulness of any Submitted Content provided through the Site, or any credentials, titles, degrees, specialization, education, training, certifications, work history, experience, expertise or any other biographical or other information provided by any Customer or any other user displayed on or transmitted through the Site or the Services. Any such information displayed on the Site or transmitted through the Services whether by us or by any user, is based solely on information provided to us by such user, and we do not independently confirm, evaluate or review any such information.

Items of Content provided through the Site are not, and shall not be deemed to be, a representation, warranty, guarantee, model, sample or example of the quality, type, completeness, accuracy, relevance, workmanship, appropriateness, merchantability or fitness for intended purpose of any services, products, goods or offerings, including the Services, provided by any user or by the Company through the Site and/or the Services.

THE COMPANY SPECIFICALLY DISCLAIMS ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONTRACTUAL OBLIGATIONS OF ANY CUSTOMER, CONTRACT PARTY OR OTHER USER, INCLUDING, BUT NOT LIMITED TO: (i) ANY CLAIMS THAT ANY CONTENT PROVIDED ON THE SITE IS AN EXPRESS OR IMPLIED WARRANTY, REPRESENTATION OR GUARANTEE IN RESPECT OF ANY PRODUCTS, GOODS, SERVICES OR OTHER OFFERINGS, (ii) ANY CLAIMS AGAINST THE COMPANY INVOLVING OR RELATING TO ANY CONTRACTUAL, (iii) ANY CLAIMS AGAINST THE COMPANY RELATING TO TORTIOUS INTERFERENCE WITH ANY AGREEMENT, (IV) ANY CLAIMS THAT ANY SUBMITTED CONTENT INFRINGES UPON THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON, (V) ANY BREACH OF THESE TERMS BY ANY CUSTOMER OR OTHER USER, (VI) ANY VIOLATION OF LAW APPLICABLE TO ANY CUSTOMER OR OTHER USER IN CONNECTION WITH SUCH PERSON’S USE OF OR ACCESS TO THE SITE OR THE SERVICES.

4. USER ACCOUNTS

In order to access the Services offered on and through the Site, you must register either with the Site for an account and receive a password. To register for an account with the Site, you must submit the information requested through the account registration page on the Site, including any payment information as required.

Once you have created your account and provided a user-name, you are responsible for all activities that occur using your account to access the Site and the Services. You agree to notify the Company if you know of any other breach of security in relation to the Site.

All of the information that you provide when registering for an account or otherwise through the Site, including payment methods and related information, must be accurate, complete and up to date. You may change, correct or remove any information from your account by logging into your account directly and making the desired changes. You agree not to register for an account on behalf of an individual other than yourself, or register for an account on behalf of any group or entity unless you are authorized to bind such person, group or entity to these Terms of Service. By registering another person, group or entity you hereby represent that you are authorized to do so.

The Company may use tools and authentication processes provided by third party social media platforms and other third party sites for purposes of login and authentication of users, and each user who registers for a user account with the Site consents to such use of social media access and login credentials by the Services, and agrees to provide the Company at the time of registration or login with any such applicable account information for such purposes.

5.  FEES

Subscription Fees

As a Customer with a registered account on the Site, you may purchase access to the Site on a subscription basis, provided that we reserve the right to change our offerings at any time. The subscription fees for our Services are set forth on the Site. Any purchase of a subscription to our Services must be made through the Site using Site functionality to accept, submit and process your order. The pricing terms of any subscription offered or sold through our Site are incorporated herein by reference. By submitting your purchase of any subscription to our Services through the Site using Site functionality (e.g., by clicking the “Submit” or any similar button or acceptance mechanism at the point of sale on the Site), you agree to these Terms and you agree in all respect to the pricing terms and fees due in respect of your subscription.

We may offer subscriptions on a monthly or annual basis or otherwise. If you purchase a subscription to the Services, whether on a monthly or annual basis or otherwise, your subscription will automatically renew for the applicable subscription period at the then- current rate for such subscription, unless and until you notify us of your decision to terminate your subscription. If you would like to turn off automatic renewal, cancel your subscription, or extend your subscription for additional periods, please contact us at support@supermassive.cc. Alternatively, you may turn off automatic subscription renewal, manage your subscription and means of payment and other items, or cancel or suspend your subscription using Site functionality and links from your “my account” page on the Site.

BY PLACING YOUR ORDER FOR A SUBSCRIPTION, YOU AUTHORIZE US TO CHARGE YOUR CREDIT CARD, PAYPAL ACCOUNT, OR OTHER APPROVED PAYMENT METHOD ON FILE FOR AUTOMATIC RENEWALS OR AUTOMATIC UPGRADES OF YOUR SUBSCRIPTION FOR THE APPLICABLE SUBSCRIPTION PERIOD AT THE THEN-CURRENT APPLICABLE RATE UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO ANY SUCH RENEWAL.

Subscriptions can be canceled by the Customer at any time by way of Site functionality or by contacting us in the manner provided above. However, we do not provide refunds for any unused periods at the time of cancelation of your subscription. We reserve the right to modify the fees we charge for subscriptions, or the terms of any subscriptions we offer, from time to time in our sole discretion. Before you purchase any subscription for Services, please review any applicable pricing information and other applicable terms available on the Site. When you purchase any subscription to our Services, you acknowledge your agreement with any such pricing terms or other applicable terms relating to your purchase, as any such terms are a part of the agreement between you and us.

We may, in the future, monetize our Services through other means, charges and fees, and to the extent we do, we will notify all users through the Site.

Payment of Fees

You agree to pay all fees or charges to your account in accordance with the fees, charges, pricing and billing terms in effect at the time of any purchase by you on the Site. By providing the Company with your credit card number or PayPal account details and associated payment information, or details regarding any other approved payment method, you agree that the Company is authorized to immediately invoice or charge your account or payment method on file for all fees and charges due and payable to the Company hereunder and that no additional notice or consent is required.

If a user fails to pay amounts due and payable to the Company for Services, including subscription fees, or any other amounts due under these Terms of Service, whether by canceling its credit or debit card, initiating an improper chargeback, or any other means, the Company may suspend or close the user’s account and revoke the user’s access to the Site, including the user’s authority to use the Site to process any additional payments, or obtain any additional Services. Without limiting other available remedies, the user must pay the Company upon demand for amounts owed under these Terms of Service, plus interest on the outstanding amount at the lesser of one and one-half percent (1.5%) per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law. To the extent permitted by applicable law, the Company, at our discretion, may make appropriate reports to credit reporting agencies and law enforcement authorities in cases of non-payment.

If your payment method fails or your account is past due, then we may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block your access to any Services pending resolution of any amounts due by you to the Company.

The amount of the subscription fees that we collect for transactions on the Site, and any other fees that we collect or may collect for the Services are subject to change without prior notice. We reserve the right at any time to modify or discontinue the Services (or any part thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, subscription fee change, or other price change, suspension or discontinuance of the Services.

6.GENERAL USE OF THE SERVICES – PERMISSIONS AND RESTRICTIONS

The Company hereby grants you permission to access, view and use the Site and the Services in accordance with these Terms of Service, provided that you agree that you will not, under any circumstances:

1.  distribute in any medium, publicly display, publicly perform, communicate to the public, or create derivative works from any part of the Site, the Services or the Content without our prior written authorization, unless the Company makes available the means for limited distribution through functionality offered on the Site or through the Services;

2. alter, copy, modify, reverse engineer, reproduce, deface, tarnish, mutilate, hack, interfere with, or otherwise use and exploit the Site, any Services, or any Content, except as permitted by these Terms of Service;

3. access Content through any technology or means other than as provided for on the Site or through the Services;

4. use the Site or the Services for any commercial uses without our express written approval or not otherwise contemplated by these Terms of Service, or rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any Services or Content to any person (other than users as permitted and authorized hereunder), including on or in connection with the internet or any time-sharing, service bureau, software as-a-service, cloud or other technology or service;

5. use or launch any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site or the Services in a manner that sends more request messages to the Company’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the Company grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole and limited purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials; provided, further, that the Company reserves the right to revoke these exceptions either generally or in specific cases.

6. use any software, technology or device to collect, scrape, crawl, manipulate or harvest any Personal Information or other data, including account names, from the Site or the Services;

7. use any communication systems provided by the Site or the Services (e.g., comments, email, sharing functions) for any commercial solicitation purposes, or solicit, for commercial purposes, any users of the Site with respect to any of their Submitted Content, unless otherwise permitted under and in accordance with these Terms of Service;

8. transmit any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously or otherwise objectionable and offensive;

9. attempt to harass, abuse or harm another person or group;

10. use another user’s account without permission or impersonate another person;

11. provide false or inaccurate information (or information that is misleading or incomplete or intended to deceive any person) when registering for a user account, or interfere or attempt to interfere in any way with the proper functioning of the Site or the Services;

12. upload, submit, transmit, post or link to malicious content intended to damage or disrupt another user’s browser or computer;

13. attempt to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site, the Services or the Content therein;

14. use the Site or the Services for any unlawful purpose or for the promotion of illegal activities;

15. access or use the Site or the Services in any manner or for any purpose that infringes, misappropriates or otherwise violates any Intellectual Property Right or other right of any third party, or that violates any applicable law;

16. access or use the Site or the Services for purposes of competitive analysis of the Site or the Services, the development, provision or use of a competing software service or product or any other purpose that is to the Company’s detriment or commercial disadvantage; or

17. otherwise access or use the Site or the Services beyond the scope of the authorization to use the Site and Services granted hereunder.

A breach or violation of any of the above terms or any of the terms and conditions in these Terms of Service may, at our sole discretion, result in an immediate termination of your access to the Site and the Services. We reserve the right to refuse Services to, or to terminate access to the Site and the Services to, anyone for any reason at any time, or to discontinue any part of the Services or all of them at any time. We reserve the right to communicate with and provide information, including any Submitted Content, to law enforcement personnel in situations that we deem appropriate.

7.ADDITIONAL CUSTOMER REPRESENTATIONS AND COVENANTS

As a Customer, in addition to any of the obligations and duties applicable to you as a user under these Terms and Conditions, you represent, warrant and covenant that:

1. All information provided, submitted, posted or transmitted by you to us or any other user or otherwise through the Site or the Services as a Customer, including any bank account, PayPal account, or other payment information or account information, is accurate, complete, up to date at all times during your use of the Site as a Customer, and not otherwise designed to mislead, defraud or deceive us or any user;

2. You shall not post, submit or transmit any Submitted Content (and you shall immediately notify the Company upon the posting, transmission or submission of any Submitted Content) that is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates or allegedly violates any person’s Intellectual Property Rights or these Terms of Service, or that is reasonably intended to be confidential information, and you shall promptly edit or remove any such Submitted Content from the Site;

8.    PROPRIETARY RIGHTS

Grant of Rights to Use Content

Subject to the other terms and conditions herein, Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws.

You shall be solely responsible for your own Submitted Content, including its legality and appropriateness, and the consequences of submitting and transmitting your Submitted Content on the Site and through the Services. You affirm, represent and warrant that you own or have the necessary licenses, rights, consents and permissions to transmit any Submitted Content you transmit, upload, post, share or submit.

You further agree that none of your Submitted Content will contain third party copyrighted material, or material that is subject to other third party Intellectual Property Rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled and authorized to transmit the material and to grant the Company all of the license rights granted by you herein. The burden of determining whether any material is protected by any such right, or whether you have the authority to grant such license, is on you.

You further agree that you will not submit through the Services any Submitted Content that is or that we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates or allegedly violates any person’s Intellectual Property Rights or these Terms of Service, and we may, but have no obligation to, monitor, edit and remove any such Submitted Content for any reason we deem reasonably appropriate in our sole discretion, with or without prior notice to you.

You shall be liable, and the Company shall not have any liability, for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy, or publicity rights or any other harm resulting from any transmission you make of your Submitted Content.

Unless otherwise explicitly stated herein or in our Privacy Policy, you agree that any Submitted Content provided by you in connection with the Site or the Services is provided on a non-proprietary and non-confidential basis. We expressly disclaim any and all liability in respect of any Submitted Content, including any liability arising because of a breach of any confidentiality obligations, securities laws or any other obligations of a similar nature, or the transmission of Personal Information in violation of any law or in breach of these Terms of Service, in connection with the submission or transmission of Submitted Content.

You hereby grant to the Company, to the extent permitted under applicable law, a non- exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute your Submitted Content, or any portion thereof, in any form, medium or distribution method now known or hereafter existing or developed, and authorize other users to use the Submitted Content. We may modify or adapt your Submitted Content in order to transmit, display or distribute it over computer networks or to Third Party Applications and in various media and/or make changes to the Submitted Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. You hereby expressly represent and warrant that you have all of the rights, power and authority to make the grant of license to the Company contained in this paragraph. For the avoidance of any doubt, the license granted by you to the Company under this paragraph shall survive any termination, expiration or cancellation of your user account, subscription to Services, or rights to access and use the Site and the Services.

The Company hereby grants to you as a user of the Site and the Services in good standing and only during the time period in which your user account remains active, a limited, non-exclusive, non-transferable right to access and use Submitted Content and Supermassive Content, for which you have paid all applicable required fees and for which you have been granted access, solely for your personal and authorized business purposes through the Services, in accordance with these Terms of Service. All other uses are expressly prohibited absent our express written consent. Furthermore, each Customer hereby grants to each of its authorized and registered to any other users, a limited, non- exclusive, non-transferable right to access and use Submitted Content, including Submitted Customer Content, for which such Customer or user has been granted access, solely for such Customer’s or user’s personal and authorized business purposes, and in any event in accordance with these Terms of Service.

No Customer or other user shall have any right to use any Content, Services or Supermassive Materials outside the applicable Site for which the use of such materials is authorized and intended, or in any way that is beyond the scope of the rights granted under this Section. For the avoidance of any doubt, without the written consent of the Company, Submitted Content may not be used, displayed, transmitted, published or reproduced in any form or medium or on any website other than on the Site to which such Submitted Content was posted or submitted, and Supermassive Content may not be used, displayed, transmitted, published or reproduced in any form or medium or on any website other than on the Site. No Submitted Content, Supermassive Content or any Supermassive Materials shall be sold, assigned, granted, transferred, licensed or otherwise conveyed to any person in any form or for any purpose whatsoever without the express written consent of the Company.

You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Supermassive Content, or any Supermassive Materials, unless we give you explicit permission to do so. Submitted Content and Supermassive Content is licensed, and not sold, to you.

Though the Company strives to enforce these Terms of Service, you may be exposed to Submitted Content that is inaccurate, objectionable or harmful. The Company does not endorse any Submitted Content submitted through the Services by any user or other licensor, or any opinion, recommendation or advice expressed therein.

Intellectual Property Rights

All right, title and interest in and to the Supermassive Materials, including all Intellectual Property Rights therein, are and will remain with the Company and any of its applicable third party licensors.

No user has any right, license or authorization with respect to any of the Supermassive Materials except as expressly set forth in herein or the applicable third party license. All other rights in and to the Supermassive Materials are expressly reserved by the Company and its applicable third party licensors. In furtherance of the foregoing, each user hereby unconditionally and irrevocably grants to the Company an assignment of all right, title and interest in and to any and all Resultant Data, including all Intellectual Property Rights relating thereto.

As between any user and the Company, such user is and will remain the sole and exclusive owner of all right, title and interest in and to all Submitted Content submitted, posted and transmitted by such user, including all Intellectual Property Rights relating thereto, subject to the immediately following paragraph.

Notwithstanding the foregoing, the Company shall have the right to Process data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, Submitted Content and data derived therefrom), and the Company will have all necessary rights and permissions (i) to use such information and data to derive the Resultant Data and/or to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other offerings, and (ii) to disclose such data solely in aggregate or other de-identified form in connection with its business; provided, however, that the Company’s use of such data and information will not reveal to other persons the identity, whether directly or indirectly, of any individual or specific data entered by any individual into the Services. In no event shall any such aggregated data or information include any Personal Information unless otherwise stated herein or in our Privacy Policy.

9. THIRD PARTY LINKS

The Site and the Services may contain links to third party websites or applications that are not owned or controlled by the Company, or may make use of one or more Third

Party Applications on the Site or through the Services. The Company has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third party websites or Third Party Applications. In addition, the Company will not and cannot censor or edit the content of any third party site. By using the Site and the Services, you expressly agree and acknowledge that you, and not the Company, shall be solely liable and responsible for any and all liability arising from your use of any third party website or any Third Party Applications made available to you through the Services.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third- party websites or any Third Party Applications. Please review carefully the applicable third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third- party services or any Third Party Applications and products should be directed to the applicable third party. You acknowledge and agree that we provide access to Third Party Applications “as is” and “as available” without any warranties, representations, guarantees or conditions of any kind and without any endorsement.

10. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible for Content available on the Site that is not accurate, complete or current. The Content on the Site is provided for general information only and should not be relied upon for any reason without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the Content on the Site is at your own risk.

The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site, including any changes we make to these Terms of Service.

Occasionally, there may be Content available on our Site or through the Services that contains typographical errors, inaccuracies or omissions that may relate to the Services, other users, pricing, promotions and other offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Site or on any related website is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify any Content available on the Site or through the Services or on any related website, except as required by law. No specified update or refresh date applied to the Site or the Services or on any related website should be taken to indicate that any information available on the Site or through the Services or on any related website has been modified or updated.

11. ACCOUNT TERMINATION POLICY

The Company will terminate a user’s access to the Services and cancel and terminate a user’s account if, under appropriate circumstances, the user is determined to have breached these Terms of Service. The Company reserves the right to decide whether Submitted Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, because such Submitted Content is or may be interpreted or deemed to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, of excessive length or otherwise objectionable. The Company may at any time, without prior notice and in its sole discretion, terminate a user’s account for submitting such material in violation of these Terms of Service, or for any other breach or violation of these Terms of Service or applicable law, or the infringement or threatened or alleged infringement of any Intellectual Property Rights of any person.

If a user wishes to terminate his or her account at any time, the user should send a request to terminate the account to support@supermassive.cc.

If a Customer wishes to cancel or suspend its subscription, such Customer may do so using Site functionality or by contacting us as described above.

12. DIGITAL MILLENNIUM COPYRIGHT ACT

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

·  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
·  Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
·  Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
·  Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number and, if available, an electronic mail;
·  A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and · A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may direct copyright infringement notifications to our copyright agent at the Company’s address at the end of these Terms of Service (with attention to copyright agent), or by email at: support@supermassive.cc.

Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owners agent, or pursuant to applicable law, to post and use the material in your Content, you may send a counter-notice containing the following information to our copyright agent:

·  Your physical or electronic signature;
·  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;
·  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
·  Your name, address, telephone number and e-mail address, a statement that you consent to the jurisdiction of the federal courts in Delaware, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.


If a counter-notice is received by our copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, Customer or user, the removed Content may be replaced, or access to it restored, in ten(10) to fourteen (14) business days or more after receipt of the counter-notice, at the Company’s sole discretion.

13. WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE SITE, THE SERVICES AND ANY OTHER SUPERMASSIVE MATERIALS OR SUBMITTED CONTENT THAT YOU ARE AUTHORIZED TO USE HEREUNDER, SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, THE SERVICES (INCLUDING THIRD PARTY APPLICATIONS), ANY SUPERMASSIVE MATERIALS OR ANY SUBMITTED CONTENT AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE SITE OR TRANSMITTED THROUGH THE SERVICES OR THE CONTENT OF ANY SITES LINKED TO THE SITE OR ANY THIRD PARTY APPLICATIONS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND OUR SERVICES, ANY CONTENT, AND ANY SUPERMASSIVE MATERIALS (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR OTHER SUPERMASSIVE SYSTEMS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE SUBMISSION OR USE OF ANY CONTENT SUBMITTED, POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON THE SITE AND/OR VIA THE SERVICES. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES (INCLUDING THIRD PARTY APPLICATIONS OR UNDER THIRD PARTY CONTRACTS) OR ANY HYPERLINKED SERVICES, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES (EXCEPT TO THE EXTENT OF THE COMPANY’S LIMITED ROLE AS CONTRACTING AGENT UNDER ANY THIRD PARTY CONTRACT). AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

14. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (i) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND OUR SERVICES, ANY CONTENT, AND ANY SUPERMASSIVE MATERIALS, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR OTHER SUPERMASSIVE SYSTEMS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (v) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE SUBMISSION OR USE OF ANY CONTENT SUBMITTED, POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON THE SITE AND/OR VIA THE SERVICES, AND/OR (VII) ANY THIRD PARTY APPLICATIONS OR ANY THIRD PARTY CONTRACTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

NOTWITHSTANDING ANYTHING IN THESE TERMS OF SERVICE TO THE CONTRARY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY TO ANY USER ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY SUCH USER IN CONSIDERATION FOR THE COMPANY’S SERVICES DELIVERED DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD.

The Services are controlled and offered by the Company from its facilities in the United States of America. The Company makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

15. INDEMNIFICATION

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company, its affiliates and subsidiaries, and their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Site and the Services; (ii) your breach or violation of any term of these Terms of Service; (iii) your breach or violation or alleged or threatened breach or violation of any third party right, including without limitation any Intellectual Property Rights of any person; (iv) any claim that your Submitted Content, caused damage to a third party; or (v) your violation of any applicable law. This defense and indemnification obligation will survive these Terms of Service and any termination, expiration, suspension or cancellation of your user account and rights to use and access the Site and the Services.

16. ABILITY TO ACCEPT TERMS OF SERVICE

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Services are not intended for children under 13. If you are under 13 years of age, then please do not use the Services.

17. ELECTRONIC NOTICE

You consent to receive communications from the Company in an electronic form via the email address you have submitted upon registration, and you agree that these Terms of Service, and all other agreements, notices, disclosures and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

18. ASSIGNMENT

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.

19. GOVERNING LAW

The Site and the Services shall be deemed to be solely based in California and shall be deemed to be a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and the Company that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in California.

For any claim or cause of action (i) raised by a resident of a country other than the United States of America; or (ii) where the total amount of the award sought is less than twenty five thousand dollars (US$25,000), you agree that the Company may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event the Company elects arbitration, you hereby agree to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through an established alternative dispute resolution (“ADR”) provider chosen by the Company. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Arbitration expressly excludes claims for injunctive or other equitable relief.

20. GENERAL

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements, including pricing terms, published or posted by the Company on the Site, shall constitute the entire agreement between you and the Company concerning the Site and the Services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. The Company reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Site or the Services following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

21. CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at support@supermassive.cc or at:

Supermassive Corp.2338 East 8th St Los Angeles, CA 90021, United States