Terms Of Service

YOU MUST BE AT LEAST 18 YEARS OLD TO ACCESS AND USE SIXTH BOXCAR’S WEBSITE AND SERVICES.

SUBSCRIPTION, END USER LICENSE AGREEMENT & TERMS OF SERVICE:

This Subscription, End User License Agreement & Terms of Service (the “Subscription Agreement”) is a binding contract between you, an individual user (“you”) and Sixth Boxcar LLC., a Wyoming limited liability company (“SIXTH BOXCAR”), governing your use of the Website and Service (defined in Section 4(a), below).

BY ACCESSING THE WEBSITE AND/OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS SUBSCRIPTION AGREEMENT. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE SERVICE. CONTACT LEGAL@SCENELOCKER.COM IF YOU WANT SIXTH BOXCAR TO SEND YOU A COPY OF THIS SUBSCRIPTION AGREEMENT AND SIXTH BOXCAR’S PRIVACY POLICY.

PERMISSIONS:

• When you use our Services, you provide us with things like your files, content, messages, contacts, and so on (“Your Content”). Your Content is yours. These Terms don’t give us any rights to Your Content except for the limited rights that enable us to offer the Services.
• We need your permission to do things like hosting Your Content, backing it up, and sharing it when you ask us to. Our Services may also provide you with features like commenting, sharing, searching, image thumbnails, document previews, optical character recognition (OCR), easy sorting and organization, and personalization to help reduce busywork. To provide these and other features, Sixth Boxcar accesses, stores, and scans Your Content. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

MATERIAL TERMS:

• As provided in greater detail in this Subscription Agreement (and without limiting the express language of this Subscription Agreement), you acknowledge the following: the Service is licensed, not sold to you, and that you may use the Service only as set forth in this Subscription Agreement;
• The use of the Service may be subject to separate third-party terms of service and fees, including, without limitation, your mobile network operator’s terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility.
• You agree not to reproduce, duplicate, copy, sell, distribute, rent, resell or exploit any portion of the Website, Service, use of the Service, or access to the Service; you consent to the collection, use, and disclosure of your personally identifiable information in accordance with SIXTH BOXCAR’s Privacy Policy;
• The Website and Service is provided “as is” without warranties of any kind and SIXTH BOXCAR’s liability to you is limited;
• Subscription to the Service is on an auto-renewal program which means the Subscription Fee will be charged either monthly, quarterly or annually and will continue until the Subscriber cancels pursuant to Section 5, below;
• The Subscriber may cancel his/her Subscription at any time subject to Section 10(b), below; some disputes arising hereunder will be resolved by binding arbitration. By accepting this Subscription Agreement, you and SIXTH BOXCAR are each waiving the right to a trial by jury or to participate in a class action;
• You further agree that any claims made against you by SIXTH BOXCAR for copyright, trademark and/or infringement of any of SIXTH BOXCAR’s intellectual property shall not be resolved by binding arbitration and you submit to the venue and jurisdiction of the courts of the State of Wyoming. THIS IS A MATERIAL TERM OF THIS AGREEMENT AND SHOULD YOU CHOOSE NOT TO ACCEPT SUCH YOU SHOULD IMMEDIATELY LEAVE THIS WEBSITE.

SCOPE OF LICENSE:

• The Service is licensed, not sold, to you for use only under the terms of this Subscription Agreement. SIXTH BOXCAR reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with the terms and conditions of this Subscription Agreement, SIXTH BOXCAR hereby grants you a personal, limited, revocable, non-transferable license to use the Service on a single compatible device that you own or control, solely for your own private, personal, non-commercial use.
• You may not make the Service available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, redistribute or sublicense the Service.
• Some of our Services allow you to download client software (“Software”) which may update automatically. You may not attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). If you breach these license restrictions or the restrictions set forth in Section 8(c), or otherwise exceed the scope of the licenses granted herein, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights. The terms of this Subscription Agreement will govern any updates provided to you by SIXTH BOXCAR that replace and/or supplement the original Service, unless such upgrade is accompanied by a separate license or revised Subscription Agreement, in which case the terms of that license or revised Subscription Agreement will govern.

GENERAL:

• Description of Services. The “Service(s)” means, collectively, SIXTH BOXCAR’s: (a) allows for the storage of any file type. Any file that can be stored on a hard drive can be stored on SceneLocker. File sharing is accomplished through one time use download links sent via email. (the “Service”), whether available through our website located at http://scenelocker.com (the “WebSite”) or through any software applications made available for mobile devices (“Service Applications”);
• all software, external players, buttons and widgets, data, text, images, sounds, video, graphics and photos made available by SIXTH BOXCAR through any of the foregoing; and
• any updates, new versions, new releases, additional features and functionality that SIXTH BOXCAR may offer in connection with the foregoing ((a)-c) collectively, the “Content”).

CONSIDERATION:

• You understand and agree that this Subscription Agreement is entered into in consideration of your payment of the Subscription Fee (defined below) for your access to and use of the Service pursuant to this Subscription Agreement (the “Subscription”), and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Any end user who accesses and uses the public-facing portions of the Service will be referred to herein as a “Visitor,” and any end user who registers for a Subscription will be referred to herein as a “Subscriber”. The term “Users” refers to Visitors and Subscribers collectively.
• Changes to the Service. SIXTH BOXCAR may at its sole discretion and from time to time change, add or remove features and functionality of the Service without any notice to you. SIXTH BOXCAR reserves the right to discontinue some or all of the features of the Service at any time at its sole discretion. You acknowledge and agree that SIXTH BOXCAR will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. If you are dissatisfied with any changes to the Service, then your sole option is to discontinue or terminate your use of the Service as described herein. Notwithstanding anything in this Subscription Agreement to the contrary, if you have signed up for a Subscription and SIXTH BOXCAR cancels your Subscription without cause, you will not receive a refund for the prorate portion of the Subscription Agreement previously paid.
• Changes to this Subscription Agreement. The Service is owned and operated by SIXTH BOXCAR, and SIXTH BOXCAR reserves the right to revise this Subscription Agreement in an immaterial manner its sole discretion at any time and without prior notice to you other than by posting the revised Subscription Agreement on the Service. Unless otherwise stated in the Service, revisions to this Subscription Agreement are effective upon posting and your continued use of the Service after a revised version of this Subscription Agreement has been posted by SIXTH BOXCAR to the Service constitutes your binding acceptance of such revised Subscription Agreement. This Subscription Agreement will be identified as of the most recent date of revision.
• Notwithstanding the preceding sentences of this Section 5, no revisions to this Subscription Agreement will apply to any dispute between you and SIXTH BOXCAR that arose prior to the effective date of such revision.

BETA SERVICES:

• We sometimes release products and features that we’re still testing and evaluating (“Beta Services”). Beta Services are labeled “alpha,” “beta,” “preview,” “early access,” or “evaluation” (or with words or phrases with similar meanings) and may not be as reliable as SIXTH BOXCAR’s other services. Beta Services are made available so that we can collect user feedback, and by using our Beta Services, you agree that we may contact you to collect such feedback.
• Beta Services are confidential until official launch. If you use any Beta Services, you agree not to disclose any information about those Services to anyone else without our permission.

THIRD-PARTY FEATURES:

• The Services may give you the option to link to third-party features and integrations. SIXTH BOXCAR does not own or operate any such features or integrations. If you access or use any third-party features or integrations, you are responsible for this access and use, and SIXTH BOXCAR is not responsible for any act or omission of the third party or the availability, accuracy, the related content, products or services of third parties.

THE WEBSITE AND SERVICE:

• Privacy Policy. Your use of the Website and Service is subject to the Privacy Policy, which is hereby incorporated by reference into this Subscription Agreement. By using the Website and/or Service, you agree that you have read, understood, and agree to the data collection, use, and disclosure provisions set forth in the Privacy Policy.
Mobile Services. The Service includes certain services that are available via a mobile device, including:
1. the ability to use the Service from a mobile device; and
2. the ability to access certain features of the Service through Service Applications downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent that you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply, and you acknowledge that you are solely responsible for all such fees and charges. In addition, your carrier may restrict downloading, installing, or using certain Mobile Services, and not all Mobile Services may work with all carriers or devices.
• Service Security. You are prohibited from violating, or attempting to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the Service, at SIXTH BOXCAR’s sole discretion. SIXTH BOXCAR reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Service. You agree to promptly notify SIXTH BOXCAR if you learn or reasonably suspect that any security breach related to the Service has occurred.

REGISTRATION AND ELIGIBILITY:

• Account. You may access the public-facing portions of the Service as a Visitor. To access certain additional features and functionality of the Service, you must register an account with SIXTH BOXCAR. All information provided to SIXTH BOXCAR during registration will be held and used in accordance with SIXTH BOXCAR’s Privacy Policy. When registering for an account, You will be required to undergo identity verification. You will be asked to provide a photo ID along with a self-photograph of your face. These identification documents will processed by AgeChecker.net, a third-party age verification service. SceneLocker will not have access these documents and will receive a report from AgeChecker.net. If your account passes verification, SIXTH BOXCAR will receive a report providing us with your legal name, date of birth, and zip code. This information will remain confidential for commercial purposes but may be shared with law enforcement. You may access the public-facing portions of the Service as a Visitor. You are responsible for maintaining the confidentiality of your log- in credentials in order to use the Service and are fully responsible for all activities that occur through the use of your credentials. You agree to notify SIXTH BOXCAR immediately of any unauthorized use of your log-in credentials or any other breach of security with respect to your account. SIXTH BOXCAR will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying SIXTH BOXCAR of such unauthorized use or loss of your credentials.
• b. Accuracy of Information. You agree to provide true, accurate, current, and complete information about yourself as requested in any registration forms and to update the information about yourself promptly, and as necessary, to keep it current and accurate.
• Subscriptions. You may sign up for either a monthly, or annual paid Subscription to the Service at any time. You will be required to register an account with SIXTH BOXCAR and you will gain full access to Content made available through the Service as long as you maintain an active Subscription. Please refer to Section 10 below for additional information about Subscription plans, payment, and cancellation. Pricing for the Service is separated into two tiers, Basic and Standard. Basic tier includes five hundred (500) gigabytes of storage and is billed at a rate of $9.99 billed monthly or $95.88 billed annually. Standard includes three (3) terabytes of storage and is billed at a rate of $24.99 billed monthly or $239.88 billed annually. Additional storage can be purchased for the Standard plan at a rate of $12.99 per terabyte billed monthly or $119.88 billed annually or $24.99 per (3) terabytes billed monthly or $299.88 billed annually. The Professional tier includes (10) terabytes of storage and three user accounts with (500) gigabytes of storage each. The Professional tier is billed at a rate of $129.99 billed monthly or $1,199.88 billed annually. Additional storage can be purchased for the Professional plan at a rate of $12.99 per terabyte billed monthly or $119.88 billed annually or $24.99 per (3) terabytes billed monthly or $299.88 billed annually. Additional user accounts can be purchased for the professional plan at a rate of $4.99 billed monthly or $53.88 billed annually. For the purposes of Company’s Service tiers, a byte is defined as eight binary bits, a gigabyte is one billion bytes, and a terabyte is one thousand gigabytes.
• THE DAY WHEN YOU REGISTER FOR AND PURCHASE OR ACTIVATE YOUR SUBSCRIPTION (“ACTIVATION DATE”) IS THE FIRST DAY OF YOUR BILLING CYCLE. BY PROVIDING YOUR PAYMENT METHOD AND OBTAINING A SUBSCRIPTION TO THE SERVICE, YOU AUTHORIZE OUR PAYMENT PROCESSOR TO CHARGE TO YOUR DESIGNATED PAYMENT METHOD THE APPLICABLE MONTHLY OR ANNUALLY RECURRING SUBSCRIPTION FEES, AND ANY APPLICABLE SALES, TELECOMMUNICATION, EXCISE, VALUED-ADDED OR SIMILAR TAXES (“SUBSCRIPTION FEE”). THE SUBSCRIPTION FEE IS EXCLUSIVE OF ANY APPLICABLE FEDERAL, STATE, PROVINCIAL, VAT OR MUNICIPAL TAXES OR DUTIES.
• UNLESS YOU NOTIFY US OF YOUR DECISION TO TERMINATE YOUR SUBSCRIPTION, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION TERM AT THE THEN- CURRENT SUBSCRIPTION FEE. (“BILLING DATE”) BASED ON THE TYPE OF SUBSCRIPTION (E.G., ON A PARTICULAR DATE EACH MONTH FOR A MONTHLY SUBSCRIPTION). A RENEWED SUBSCRIPTION WILL HAVE THE SAME TERM AS THE IMMEDIATELY PRECEDING SUBSCRIPTION. AT THE TIME OF RENEWAL, YOUR PAYMENT METHOD WILL BE CHARGED THE SUBSCRIPTION FEE. THE SUBSCRIPTION FEE IS PAYABLE IN U.S. DOLLARS ONLY.

REFUND POLICY:

• IF YOU FAIL TO PAY THE APPLICABLE SUBSCRIPTION FEE WHEN DUE, THEN YOUR ACCOUNT MAY BE DOWNGRADED, SUSPENDED OR CANCELLED, AT SIXTH BOXCAR’S SOLE DISCRETION. IF YOUR ACCOUNT IS SUSPENDED, THEN SIXTH BOXCAR MAY, BUT IS NOT OBLIGATED TO, MAINTAIN YOUR ACCOUNT AND/OR RELATED CONTENT AND INFORMATION STORED IN YOUR ACCOUNT, IN ORDER TO ALLOW YOU TO PAY THE PAST-DUE CHARGES AND RESTORE YOUR ACCOUNT. IF THE CHARGES ARE NOT PAID, THEN YOUR ACCOUNT MAY BE CANCELLED. ONCE THE ACCOUNT IS CANCELLED ALL OF YOUR INFORMATION WILL BE PERMANENTLY DELETED FROM OUR SERVERS AND YOU WILL BE UNABLE TO RETRIEVE SUCH INFORMATION OR FILES.
• YOU MAY CANCEL YOUR SUBSCRIPTION TO THE SERVICE AT ANY TIME FOR ANY OR NO REASON. IF YOU CANCEL YOUR SUBSCRIPTION, THEN YOU WILL HAVE ACCESS TO THE FULL SERVICE UNTIL THE DATE THAT WOULD HAVE BEEN YOUR NEXT BILLING DATE. TO CANCEL AN ONGOING SUBSCRIPTION, PLEASE CONTACT US AT SUPPORT@SCENELOCKER.COM ONCE YOU HAVE CANCELLED YOUR SUBSCRIPTION, WE WILL STOP BILLING YOUR APPLICABLE PAYMENT METHOD.

CHILDREN:

• The Website, Service, and Mobile Service is not intended for children and you agree that you are over the age of 18 years and that you will not use, display, show or otherwise use the Service in the presence of children. The Service is not intended for children. IF YOU ARE UNDER 18 YEARS OF AGE, THEN YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. You must be at least the age of majority in your jurisdiction to use the Service. By using the Service, you affirm that you are (a) either above the age of majority in your jurisdiction; and (b) are fully able and competent to enter into and abide by the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Subscription Agreement.

ADVERTISEMENTS:

• Third Party Advertisements. SIXTH BOXCAR may display advertisements for the goods and services of third parties or other promotional materials on the Service. Your dealings with, or participation in, promotions of any third-party advertisers on the Service, are solely between you and such third party, and your participation is subject to any terms and conditions associated with that advertisement or promotion. SIXTH BOXCAR does not endorse or represent such third parties, and by using the Service, you agree that SIXTH BOXCAR is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or the presence of such third parties on the Service.
• Third Party Sites. The Service may also include links to third party websites or third-party services that are not owned or operated by SIXTH BOXCAR (collectively, “Third-Party Sites”). SIXTH BOXCAR does not endorse or represent such third parties and SIXTH BOXCAR is not responsible for the availability of these Third-Party Sites, or any products, services and/or content contained therein. You agree that we are not responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as a result of your use of or reliance on any Third-Party Sites. Certain functionalities of the Service may also require that you agree to additional terms and conditions of Third Party Sites. You agree that you are solely responsible for your acceptance of and compliance with such terms and conditions whenever you use or access such Third-Party Sites.

REPRESENTATIONS AND WARRANTIES WITH RESPECT TO YOUR CONTENT:

• Except for materials provided to you by SIXTH BOXCAR through the Service, you represent, warrant, and covenant that (1) you either are the sole and exclusive owner of all of your User Content, or you have all rights, licenses, consents, and releases that are necessary to grant to SIXTH BOXCAR the rights in your User Content as contemplated under this Subscription Agreement; and (2) neither your User Content nor your creation of, accessing, posting, submission or transmission of your User Content will (x) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights; (y) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise); or (z) require SIXTH BOXCAR to obtain any licenses from or make any payments in any amounts to any third party throughout the world.
• Proof of Rights Clearance. SIXTH BOXCAR may require you to provide sufficient evidence of having all necessary rights, licenses, authorizations, permissions, and clearances for any of Your Content that you Post to the Service, and if you fail to provide such evidence within a reasonable period of time (as determined by SIXTH BOXCAR in its sole discretion), then SIXTH BOXCAR may remove some or all of Your Content from the Service and/or terminate your account, without any liability to you. You are solely responsible for keeping copies of such evidence.
• Monitoring. SIXTH BOXCAR has the right, but not the obligation, to monitor the Service, and Your Content, and may remove any of Your Content from the Service for any reason in its sole discretion at any time, without notice and without any liability to you. You acknowledge that SIXTH BOXCAR may establish general practices and limits concerning use of the Service without notice to you, including, without limitation, the maximum period of time that Your Content will be retained by the Service and the maximum storage space that will be allotted on SIXTH BOXCAR’s servers on your behalf. You acknowledge and agree that SIXTH BOXCAR may preserve any Content and may also disclose any Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process, applicable laws or government requests; (2) enforce this Subscription Agreement; (3) respond to claims that any content violates the rights of third parties; or (4) protect the rights, property, or personal safety of SIXTH BOXCAR, its Users and the public. You understand that SIXTH BOXCAR does not guarantee any confidentiality with respect to Your Content and will have no responsibility or liability for Your Content that is deleted from the Service.

USE RESTRICTIONS ACCEPTABLE USE POLICY:

Your rights to use the Service are expressly conditioned on the following:

• You may access the Service as permitted under this Subscription Agreement;
• You may not copy, distribute, re-sell, alter, modify, create derivative works of, sell, license or in any way exploit any part of the Service;
• You agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without SIXTH BOXCAR’s prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without SIXTH BOXCAR’s prior express written consent:
• altering, defacing, mutilating or otherwise bypassing any approved software through which the Service is made available; and
• using any trademarks, service marks, design marks, logos, photographs or other content belonging to SIXTH BOXCAR or obtained from the Service;
• You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine SIXTH BOXCAR Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage;
• You agree not to undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Service or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by this Subscription Agreement, the authorized features of the Service, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by SIXTH BOXCAR;
• You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, or any portion thereof, through any other application or website, unless and solely to the extent SIXTH BOXCAR makes available the means for embedding any part of the Service;
• You agree not to access, tamper with, or use non-public areas of the Service, SIXTH BOXCAR’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of SIXTH BOXCAR’s providers;
• You agree not to harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including SIXTH BOXCAR employees;
• You agree not to provide any false personal information to SIXTH BOXCAR or any third party age verification services;
• You agree not to create a false identify or impersonate another person or entity in any way;
• You agree not to create a new account with SIXTH BOXCAR, without SIXTH BOXCAR’s express written consent if SIXTH BOXCAR has previously disabled, suspended or terminated an account of yours for any reason whatsoever;
• You agree not to solicit, or attempt to solicit, personal information from other Users;
• You agree not to restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about Users of the Service;
• You agree not to use the Service, without SIXTH BOXCAR’s express written consent, for reselling, distributing, or communicating or facilitating any commercial advertisement or solicitation;
• You agree not to gain unauthorized access to the Service, to other Users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service;
• You agree not to post, transmit or otherwise make available, including in any of Your Content, any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service;
• You agree not to Post any User Content that is or could be interpreted to be defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, objectionable, or hateful, or that promotes discrimination, bigotry, racism, or hatred, as determined by SIXTH BOXCAR in its sole discretion;
• You agree not to Post any Content that does or could be claimed to infringe any third party intellectual property or other rights, including the rights of privacy, publicity and confidentiality;
• You agree not to interfere with or disrupt the Service, networks or servers connected to the Service or violate the regulations, policies or procedures of such networks or servers;
• You agree not to violate any applicable federal, state or local laws or regulations (including, without limitation, any traffic laws and rules applicable when you use the Service in a vehicle) or this Subscription Agreement through the use of the Service;
• You agree not to assist or permit any persons in engaging in any of the activities described above.

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, SIXTH BOXCAR 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. For example, these disclaimers do not override the legal protections, including statutory warranties, granted to consumers by EU law.

INDEMNITY:

• You agree to indemnify and hold SIXTH BOXCAR, and its officers, directors, employees, agents, successors, and assigns harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (a) your access, use, or misuse of the Service; (b) your User Content; or (c) your violation of this Subscription Agreement. SIXTH BOXCAR will use reasonable efforts to notify you of any such claim, action or proceeding for which it seeks an indemnification from you upon becoming aware of it, but if SIXTH BOXCAR is unable to communicate with you in a timely manner because of an inactive e-mail address for you, your indemnification obligation will continue notwithstanding SIXTH BOXCAR’s inability to contact you in a timely manner. SIXTH BOXCAR reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this Section. In such case, you agree to cooperate with any reasonable requests to assist SIXTH BOXCAR’s defense of such matter. You agree not to settle any matter without the prior express written consent of SIXTH BOXCAR.

LIMITATION OF LIABILITY:

• NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, AND ANY CONTENT OR MATERIALS AVAILABLE THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT, THIRD PARTY CONTENT AND/OR YOUR CONTENT), ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SIXTH BOXCAR HEREBY DISCLAIMS, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS, ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, AND ANY CONTENT OR MATERIALS AVAILABLE THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT, THIRD PARTY CONTENT AND/OR YOUR CONTENT), WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SIXTH BOXCAR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR NOT INTERFERE WITH YOUR USE OR ENJOYMENT OF ANY OTHER APPLICATIONS ON THE DEVICE ON WHICH THE SERVICE IS ACCESSED OR INSTALLED, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SIXTH BOXCAR OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS SUBSCRIPTION AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
• LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SIXTH BOXCAR OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT OR MATERIALS AVAILABLE THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT, THIRD PARTY CONTENT AND/OR YOUR CONTENT), HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SIXTH BOXCAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL SIXTH BOXCAR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE LESSER OF (A) THE AMOUNT YOU PAID TO SIXTH BOXCAR IN THE PRECEDING 12 MONTHS; OR (B) ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
• THIRD PARTY DISPUTES. SIXTH BOXCAR IS NOT AFFILIATED WITH ANY MOBILE CARRIER, RADIO STATION OR OTHER THIRD PARTY SERVICE PROVIDER, AND ANY DISPUTE YOU HAVE WITH ANY SUCH THIRD PARTY SERVICE PROVIDER OR ANY OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE SIXTH BOXCAR (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, EMPLOYEES, SUCCESSORS, AND ASSIGNS) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

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

DISPUTE RESOLUTION:

• Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND SIXTH BOXCAR AND EACH OF OUR RESPECTIVE CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, PERMITTED ASSIGNS, AND ANY OTHER PARTIES ON WHOSE BEHALF YOU ARE ACCESSING THE SERVICE AGREE TO ARBITRATION, AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS SUBSCRIPTION AGREEMENT OR THE SERVICE. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.

  • Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, if you do not provide a mailing address to SIXTH BOXCAR, to you via any other method available to SIXTH BOXCAR, including via e-mail. The Notice to SIXTH BOXCAR should be addressed to SIXTH BOXCAR. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (the “Demand”). If you and SIXTH BOXCAR do not reach an agreement to resolve the claim within 90 days after the Notice is received, then you or SIXTH BOXCAR may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org. If you are required to pay a filing fee to commence an arbitration against SIXTH BOXCAR, then SIXTH BOXCAR will promptly reimburse you for your confirmed payment of the filing fee upon SIXTH BOXCAR’s receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $100.00 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.
  • Arbitration Proceeding. The arbitration will be conducted in the English language. A single independent and impartial arbitrator will be appointed pursuant to the Rules, as modified herein. You and SIXTH BOXCAR agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (b) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  • No Class Actions. YOU AND SIXTH BOXCAR AGREE THAT YOU AND SIXTH BOXCAR MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THIS ONLY THIS SECTION A3 OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
  • Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 180 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of Wyoming in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this Subscription Agreement.
• Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, or patents. You acknowledge that, in the event of a breach of the Subscription Agreement by SIXTH BOXCAR or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against SIXTH BOXCAR, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in the Subscription Agreement.
• Claims. You and SIXTH BOXCAR agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to this Subscription Agreement or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
• Improperly Filed Claims. All claims you bring against SIXTH BOXCAR must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section will be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, SIXTH BOXCAR may recover attorneys’ fees and costs up to $100,000, provided that SIXTH BOXCAR has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
• Modifications. In the event that SIXTH BOXCAR makes any future change to the Mandatory Arbitration provision (other than a change to SIXTH BOXCAR’s Arbitration Notice Address), you may reject any such change by sending us written notice within thirty (30) days of the change to SIXTH BOXCAR’s Arbitration Notice Address, in which case your account with SIXTH BOXCAR and your license to use the Service will terminate immediately, and this Dispute Resolution provision, as in effect immediately prior to the amendments you reject, will survive the termination of the Subscription Agreement.
• Severability. If any part of this “Mandatory Arbitration Provisions” section is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class or representative arbitration, this “Mandatory Arbitration Provisions” section will be unenforceable in its entirety. If you are found to have a non-waivable right to bring a particular claim or to request a particular form of relief that the arbitrator lacks authority to redress or award according to this “Mandatory Arbitration Provisions” section, including public injunctive relief, then only that respective claim or request for relief may be brought in court, and you and we agree that litigation of any such claim or request for relief shall be stayed pending the resolution of any individual claim(s) or request(s) for relief in arbitration.

CONTROLLING LAW:

• These Terms will be governed by Wyoming law except for its conflicts of laws principles.

ENTIRE AGREEMENT:

• These Terms constitute the entire agreement between you and SIXTH BOXCAR 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. Our past, present, and future affiliates and agents can invoke our rights under this agreement in the event they become involved in a dispute with you. Otherwise, these Terms do not give rights to any third parties.

• WAIVER, SEVERABILITY & ASSIGNMENT:
• SIXTH BOXCAR’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. SIXTH BOXCAR may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

• MODIFICATIONS:
• We may revise these Terms to better reflect:
• • changes to the law,
  • new regulatory requirements, or
  • 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 and stop using the Services before the updated Terms 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.