Terms of Service
GHOST
TERMS OF SERVICE
Last Updated: June 15th, 2025
Welcome to Ghost. These Ghost Terms of Service (“Terms of Service”) apply when you (referred to in these Terms of Service as “you” or “User”) access, use or visit the website located at GHST.IO (the “Site”) that is provided by Ghosts, Inc. (referred to in these Terms of Service as “the Company”, “we”, “us”, and “our”) and the services, content and other materials made available through the Site (these services, content, and materials, together with the Site, are referred to in these Terms of Service as the “Service”). We prepared these Terms of Service to help explain the terms that apply to your use of the Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING “ACCEPT“ AND/OR REGISTERING TO USE OR OTHERWISE ELECTING TO USE THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. If you’re agreeing to these Terms of Service on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms of Service. If at any time you do not accept the terms and conditions set forth in these Terms of Service, you must immediately stop using the Service.
Notice regarding arbitration and dispute resolution: YOU AND THE COMPANY AGREE THAT ANY FUTURE DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, UNLESS YOU OPT-OUT IN ACCORDANCE WITH SECTION 14.9. UNLESS YOU OPT-OUT OF ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING, AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOW THE OPT-OUT PROCEDURE SPECIFIED IN SECTION 14.9 BELOW.
1. Description of the Service. The Service provides a curated marketplace where sellers can list and sell, and buyers can purchase, various products (“Products”). Users who purchase Products through the Service are called “Buyers”, and Users who sell Products through the Service are called “Sellers”. Users may be both Buyers and Sellers for purposes of the Service. You are solely responsible for your evaluation of, and decision to use, the Service, to buy or sell Products through the Service, or to otherwise transact any business or communications on the Service, and you acknowledge and agree that your use of the Service is at your sole risk.
2. Updates to these Terms of Service. We may change, modify or amend these Terms of Service from time to time. We will notify you of material changes to these Terms of Service by posting the amended terms on the Service at least thirty (30) days before the effective date of the changes. If you have provided us with your email address, we will notify you of material changes to these Terms of Service by sending an email to the email address you provide to us at least thirty (30) days before the effective date of the changes. It is therefore important that you ensure that your email and account information is up to date. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Terms of Service take effect. If you continue using the Service after the new Terms of Service take effect, you will be bound by the modified Terms of Service.
3. Privacy Policy. In connection with your use of the Service, please review our Privacy Policy, located at ghst.io/privacy-policy (the “Privacy Policy”), to understand how we use information we collect from you when you access, visit, or use the Service. The Privacy Policy is part of and is governed by these Terms of Service and by agreeing to these Terms of Service, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.
4. Affirmative Representations Regarding Your Use of the Service. When you use the Service, you represent that: (A) the information you submit to the Service is truthful and accurate; (B) your use of the Service does not violate any applicable laws or regulations; and (C) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms of Service.
5. Registration and Accounts
5.1. User Accounts. In order to use the Service as a Buyer or a Seller, you will be required to register to use the Service and create a user account (“User Account”). If you sign up to become a registered user of the Service, you agree: (A) to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration process (the “Registration Data”); and (B) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
5.2. User Registration. If you create a User Account on the Service, you may be required to create a user I.D. and password that will be associated with your User Account. You may only create one user I.D. that will be associated with your User Account. You may not: (A) select or use as a user I.D. a name of another person with the intent to impersonate that person; (B) use as a user I.D. a name subject to any rights of a person other than you without appropriate authorization; or (C) use as a user I.D. a name that is otherwise offensive, vulgar or obscene. You will be responsible for maintaining the confidentiality of your user I.D. and password, and for any and all activities that occur under your User Account. We reserve the right to refuse registration of, or to cancel, a User Account, in our sole discretion.
5.3. Sales Accounts and Validation. To ensure the quality of Sellers, Buyers, and Products on the Service, if you want to become a Seller or Buyer on the Service, when you register for a User Account in accordance with Section 6.2, you must apply for a Seller or Buyer account, as the case may be (a “Sales Account”). If you apply for a Sales Account through the Service, prior to granting you access to the Service as a Seller or Buyer, the Company will conduct a validation process to verify that you meet the Company’s requirements to buy and sell Products through the Service (the “Company Requirements”). This validation process may include requiring you to provide links to verified social media accounts and other authenticated online marketplace accounts, providing additional information about your business and products, and/or other validation methods that the Company may implement from time to time. After the Company has successfully validated that you meet the Company Requirements, the Company will activate your Account, which will enable you to complete your User Account registration and access the Service for purposes of selling or buying Products. The Company has the right to determine in its sole discretion whether you meet the Seller Requirements. If the Company determines that you do not meet the Company Requirements, you will not be permitted to create a Sales Account. In addition, following the validation and activation of your Sales Account, the Company shall have the right to terminate your Sales Account at any time if the Company determines that you no longer meet the Company Requirements, or if the Company otherwise has cause for terminating your Sales Account. Subject to validation of your Sales Account in accordance with this Section 6.3, the Company grants you a limited, revocable, non-exclusive, non-transferable right to receive, access and use the Service for purposes of selling or buying, as the case may be, Products through the Service.
5.4. Company Compliance. As part of the Company Requirements, in connection with your use of the Service, you represent and warrant that (a) you will comply with all applicable foreign or domestic anti-corruption and anti-bribery laws, as in effect from time to time, including, but not limited to, the United States Foreign Corrupt Practices Act of 1977, as amended, the UK Bribery Act 2010, and any laws intended to implement the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, (b) you are not currently the subject or target of any sanctions administered or enforced by the U.S. government (including, without limitation, the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”) or the U.S. Department of State and including, without limitation, the designation as a “specially designated national” or “blocked person”), the United Nations Security Council, the European Union, Her Majesty’s Treasury, or other relevant sanctions authority (collectively, “Sanctions”), nor are you located, organized or resident in a country or territory that is the subject or the target of Sanctions, including, without limitation, the Crimea Region, the so-called Donetsk People's Republic, the so-called Luhansk People's Republic, Cuba, Iran, North Korea, Russia or Syria, and if at any time you become subject to any Sanctions you will immediately cease use of the Service, and (c) you will conduct your business in connection with the Service at all times in compliance with all applicable financial recordkeeping and reporting requirements, including those of the Currency and Foreign Transactions Reporting Act of 1970, as amended, the applicable anti-money laundering statutes of all jurisdictions where you conduct business, the rules and regulations thereunder and any related or similar rules, regulations or guidelines issued, administered or enforced by any governmental agency.
6. Purchase and Sale of Products
6.1. Seller Obligations. Prior to listing Products for sale through the Service, you will be required to provide certain information about the applicable Products to the Company so that the Company can determine whether the Products are eligible to be listed on the Service. For more information about Product requirements, please reach out to your point of contact on the Ghost Sales team. Once applicable Products have been approved by the Company for sale through the Service, the Company will create a listing for the Products based on the Product information that you provide to the Company and will post that listing on the Service. When a Buyer purchases one of your Products through the Service, you are contractually and legally bound to deliver that exact Product for the specified price. Sellers must make applicable Products available for shipping within one week of approving a purchase. The default setting for cancel dates will be one (1) week after order confirmation, subject to change by agreement of Buyer and Seller with individual Purchase Orders (“PO”), (the “Cancel Date”). If a Seller fails to have the Products ready in full on the Cancel Date, Ghost and/or the Buyer may cancel the applicable Purchase Order immediately by providing written notice to the Seller. In such instances of cancellation, Ghost nor the Buyer shall be responsible for taking receipt of the goods, nor bear the burden of any costs the Seller may incur associated with restocking, unpacking the shipment, etc. Delayed shipments (that are not cancelled) will be subject to a penalty of 1.0% of the total order value per week. Additionally, for each order the Seller must verify their business address and any loading requirements for shipping. Ghost will not be liable for any damages or additional shipping charges associated with incorrect address entry. Sellers must properly pack and mark the Products as instructed by Ghost, including in accordance with the Buyer’s requirements that are communicated to Seller in association with the issuance of a PO or in another writing (email to suffice), and otherwise in accordance with applicable law, industry standards, and all other terms set forth herein. Sellers shall be responsible for all chargebacks and damages associated with Seller’s failure to follow such shipping requirements. If Seller provides a number of units of the Products that is less than the quantity listed in a PO, Buyer shall be responsible for accepting such quantities if the short-shipment is by less than 10% of the total number of units ordered for that SKU. However, Buyer shall only be obligated to pay for the actual quantity received, and Seller shall promptly issue a refund or credit for any unshipped units, regardless of the short-shipment percentage. If the number of units of a single SKU of Product provided to Buyer falls short by more than 10% of the ordered quantity, Ghost and/or Buyer shall have the right to terminate the entire PO with respect to such SKU and recover all damages associated with such termination, including but not limited to expenses related to the return of such Products ("Damages"). Note that in the event that a shortage exceeds 10% and Ghost/the Buyer opt to not cancel the order, the Seller may be assessed a fee of 1.0% of the updated order value. If Seller provides a number of units of the Products that is greater than the quantity listed in a Purchase Order, Buyer shall have the option of paying for and accepting such quantities or of returning them to the seller at the seller’s cost. Neither Ghost nor Buyer will be obligated to accept or pay for any unordered Products, substitute goods, counterfeit, inauthentic, or fake goods, or for Products that do not conform to, or comply with, the terms and conditions of this Agreement or a Purchase Order. Sellers are responsible for ensuring that they are in compliance with all laws and regulations applicable to the sale of their Products through the Service. As a Seller, you acknowledge and agree that (A) you hereby represent and warrant that (i) all Products you provide may be sold in compliance with all governing laws; (ii) you are the owner of any Products that you offer for sale through the Service, free and clear of any liens or encumbrances; your distribution and sale of applicable Products does not violate any applicable law or regulation, (iii) all Products shall fully conform with all specifications or other descriptions provided by you, and (iv) you shall not falsify or misrepresent any Products, nor engage in any fraudulent activities with respect to the offer and sale of Products through the Service; (B) you hold title to all Products that you offer and sell through the Service; (C) you are solely responsible for the accuracy of any information you provide with respect to each Product; and (D) any Product listing may be modified or deleted in the Company’s sole discretion. Please visit [LINK] to see the list of prohibited items that cannot be listed/sold via the Service.
6.2. Buyer Obligations. By using the Service as a Buyer, you acknowledge and agree that: (A) you are solely responsible for reading the full Product listing before purchasing a Product; (B) when you submit an offer to purchase a Product and the applicable Seller accepts your offer, you enter into a legally binding contract with the applicable Seller to purchase the applicable Product in accordance with these Terms of Service; (C) you shall work with Ghost to ensure that an invoice has been paid (in line with the payment terms laid out in the "Payments" section below or on the Purchase Order if alternative terms are being used for that specific transaction) and the Products are picked up or shipped from the Pick-Up Location within three (3) business days after the date that the Seller has indicated that the Products are ready for pick up (note that if Buyer fails to pay a deposit and/or have the Products picked up or shipped within the aforementioned time frame, Ghost and/or Seller may cancel the applicable purchase order immediately); for each order the Buyer must verify their business address and any drop-off requirements for shipping. Ghost will not be liable for any damages or additional shipping charges associated with incorrect address entry; (D) the Company does not make any representations or warranties with regard to any Products made available through the Service; and (E) the Company does not supervise, direct, control or monitor the Products and expressly disclaims any responsibility and liability for the Product, including but not limited to any warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code.
6.3. Shipping; Returns. While the terms of individual POs may vary, the default arrangement is that the Buyer shall be responsible for coordinating the pickup of the Products with Ghost and for paying the cost of such pickup (unless agreed to in writing by Ghost). Ghost shall communicate any of Buyer’s reasonable packaging guidelines and/or requirements to Seller that were provided to Ghost prior to Buyer authorizing Ghost to enter into the PO for the applicable Products (“Buyer Guidelines”). Ghost cannot ensure that, and expressly disclaims any responsibility for whether, any applicable Seller will be able to meet or follow the Buyer Guidelines. However, Ghost will provide Buyer with reasonable assistance in helping Buyer to collect chargebacks and damages associated with Seller’s failure to comply with the Buyer Guidelines. While Ghost will provide an upfront estimate as to the cost of shipping, this is an estimate only and Buyer agrees that Ghost is not responsible for changes in cost of shipping that arise from the carriers. In the event that a change does occur, the party initially deemed responsible for paying the cost of shipping will still be responsible for paying the updated cost. In instances where goods are being transported across international borders, Ghost will specify any customs documentation needed and all projected associated costs (the default is that the Buyer will pay these, but this will depend on the individual PO). In instances where improper documentation / information is provided, it is possible that the Product will be seized by the relevant customs agencies; in such instances, Ghost will work in good faith to help resolve the issue, but Buyer and/or Seller agree and acknowledge that Buyer and/or Seller, as may be specified in the PO, will bear any costs incurred as a result of a Product’s seizure by relevant customs agencies. Buyer and Seller expressly represent and warrant that Ghost shall not be responsible for any such costs. . For each shipment, insurance must be procured to cover: (i) the cost of the Product (in case of damage, etc.), (ii) theft, (iii) damage/harm to the transporter of the Product (Ghost will not be liable for any harm to the transporter). The default will be that the party responsible for paying for shipping will also be responsible for covering the cost of insurance; Ghost can help arrange this, but not be responsible for this cost, absent an agreement to the contrary in writing with Ghost. Any customer service issues with respect to any Products purchased/sold through the Service should be directed to Ghost (Users should reach out to their point of contact on the Ghost Sales team). Sellers and Buyers shall be solely responsible for complying with all laws and regulations applicable to any sale, purchase or shipment of Products. All sales of Products through the Service are binding, final and not eligible for any return or refund of any nature whatsoever.
6.4. Pricing; Product Descriptions; Availability. Prices for Products will be specified in the applicable Product listings. Because Products and Product descriptions are provided by Sellers of the applicable Products, we cannot guarantee the accuracy or timeliness of any Product listings or descriptions made available through the Service. Listings for Products on the Service may contain typographical errors, inaccuracies or omissions. If any information on the Service is inaccurate, we reserve the right, but do not have the obligation, to correct any errors, inaccuracies or omissions, change or update information or cancel any transactions through the Service at any time without prior notice. Please also note that the colors of Products offered on the Service may depend on the settings of your monitor or screen, and therefore the color of Products on your display may differ from the Products that you actually receive. The availability of Products offered on the Service may change at any time, without prior notice.
6.5. 3rd-Party Platform Relationships. Buyers on Ghost may at times aspire to resell their purchased goods on 3rd-party platforms (e.g., Amazon). Buyers are not entitled to cancel a Ghost PO in the event that they lose access to sell on their desired platform; rather; it is the Buyer’s responsibility to maintain this access. In general, Ghost will not be responsible for helping to “ungate” 3rd-party platforms for Buyers; this will be solely the responsibility of the Buyer themselves.
6.6. You acknowledge and agree that all transactions between Buyers and Sellers must be facilitated through the Service. You shall not directly or indirectly circumvent, or attempt to circumvent, the Service or the Company in any manner, including but not limited to by contacting, soliciting, negotiating with, or entering into any transaction with any Seller or Buyer (or any representative or affiliate thereof) introduced to you through the Service outside of the Service for the purchase or sale of any Products listed on the Service or that are substantially similar to or competitive with Products listed on the Service. Any such circumvention or attempted circumvention shall constitute a material breach of these Terms of Service.
7. Payments. Seller shall issue an invoice to Ghost after the completion of delivery of the Products. Unless otherwise set forth in a PO, payment shall be made as follows: thirty percent (30%) within five (5) days of order confirmation; thirty percent (30%) upon the pick up or shipment of the Products from the Pick Up Location; and the remainder after the Buyer completes a Receiving Report, which includes description, count and initial visual inspection of the Products as well as the date the products were received and the name, title, contact information of the person who received the Products. Unless otherwise indicated, Ghost will have 28 calendar days to confirm receipt and count of goods with the Buyer. Ghost shall pay all undisputed invoiced amounts due to Seller within five days after the latest of (i) receipt of an invoice, and (ii) the completion of the applicable aforementioned Receiving Report. Seller will submit invoices to Ghost by electronic mail to accounting@ghst.io. Ghost shall issue an invoice to the Buyer after the packing list is sent from the Seller. Unless otherwise communicated by Ghost to Buyer, payment from Buyer to Ghost shall be made as follows: thirty percent (30%) deposit made within forty eight (48) hours after Buyer, or Buyer’s agent, has accepted the Offer; seventy percent (70%) after Ghost receives the Seller’s packing list but prior to the pick up or shipment of the Products from the Pick Up Location. Upon receipt of payment, Ghost will work with Seller to have your goods shipped immediately, pending any stipulations. Buyer will have fourteen (14) calendar days from the time of delivery of the goods to flag to Ghost any inventory disputes that differ from the packing list. For any discrepancies, Buyer should provide: (i) An itemized receiving report, which lists everything that was received, including UPCs, SKUs, item scan data where applicable, sizes, colors, style names, carton numbers, etc. (ii) Images of pallets being unloaded, damages at the time of unpacking, etc.; in such instances the Seller should attempt to provide an itemized packing list including UPCs, SKUs, item scan data where applicable, sizes, colors, style names, carton numbers, etc. Sellers can submit images of the order packed, being loaded, or otherwise at the time of shipment to show lack of damages. Note that Ghost reserves the right to determine the outcome in events of discrepancies. All payments are processed by the third party payment processor (the “Payment Processor”) that you select at the time you submit a payment through the Service. The processing of payments that you submit through the Service will be subject to the terms, conditions and privacy policies of the applicable Payment Processor, in addition to these Terms of Service. We are not responsible for any errors made by an applicable Payment Processor. For each Product you purchase through the Service, you agree to pay the agreed upon payment amount applicable to that Product. You hereby acknowledge and agree that the total charge for any purchase of a Product through the Service may include shipping fees and state and local sales tax, which amount may vary due to certain factors, including, for example, the type of Product purchased and the shipping destination. Ghost will have discretion to automatically apply payments in line with the agreed-upon payment terms in the PO. Unless buyers have reported specific issues within the fourteen (14) calendar days from the time of delivery of the goods, they must pay in line with their payment terms. Should Buyer fail to timely pay Ghost in accordance with the foregoing, Ghost shall have the right to charge interest at a rate of 3% per month (with the first charge occurring the day after payment is due and additional charges being applied each month thereafter). In addition, Buyer shall be solely responsible for all costs associated with the collection of such past due amounts, including, but not limited to, any court costs, attorneys’ fees and fees charged by any third-party collection agencies. In the event where Ghost has paid the Seller a deposit and the goods associated with this deposit are never shipped (or the PO is cancelled for some legitimate and valid reason in accordance with these Terms of Service and the PO), Ghost will be entitled to clawback said deposit; this includes instances where Seller does not make Product available for pick up in accordance with the Cancel DAte and consequentially the PO is cancelled. In such instances, the deposit will need to be sent back to Ghost within seven (7) days of cancellation. Ghost shall be solely responsible for determining and charging applicable Buyers applicable sales taxes, or other taxes, customs, import/export charges or similar governmental charges on orders shipped by the applicable Seller. While Ghost will provide an estimate of any relevant taxes, Ghost is not responsible for changes in tax burden that may differ from these estimates. In the event that a change does occur, the Buyer will still be responsible for paying the updated amount.
8. Prohibited Activities. You agree that, in connection with your use of the Service, you will not:
● use the Service for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Service without our express written consent;
● transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service, including without limitation, hacking into the Service;
● transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or related systems;
● impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy of any person or entity;
● post on the Service any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions, or requires recruitment of other members, sub-distributors or sub-agents;
● violate our or any other person’s privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights;
● engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Service, including from any user of our Service, or use any means to scrape or crawl any part of the Service;
● participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;
● access or use the Service for purposes of obtaining information to build a similar or competitive website, application or service;
● decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service, or any portion thereof; or
● circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Company Content (as defined in Section 11) or enforce limitations on use of the Service or the Company Content on the Service.
9. User Content
9.1. Rules Governing User Content. You are solely responsible for all information, data, text, graphics, messages or other materials, including, if you are a Seller, any of the foregoing you provide in connection with listing a Product on the Service (“User Content”) that you upload, submit, post, publish or display, email or otherwise provide in connection with the Service. With respect to the User Content you provide in connection with the Service, you represent and warrant that you will not provide any User Content that:
● infringes any intellectual property or other proprietary rights of any party;
● you do not have a right to provide under any law or under contractual or fiduciary relationships;
● contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
● poses or creates a privacy or security risk to any person;
● constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
● is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or
● which restricts or inhibits any other person from using or enjoying the Service, or which may expose the Company, the Service, or its users to any harm or liability of any type.
9.2. Rights in User Content.
A. Ownership of User Content. We do not claim any ownership rights in the User Content that you post on or through the Service. After posting your User Content on or through the Service, you continue to retain any rights you may have in your User Content, including any intellectual property rights or other proprietary rights associated with your User Content, subject to the license you grant to us in Section 10.2(B) below.
B. License to User Content. By providing User Content in connection with the Service, you grant us a perpetual, non-exclusive, fully-paid, royalty-free, sublicensable, transferable and worldwide license to use, modify, create derivative works of, publicly perform, publicly display, reproduce, disseminate, market, distribute and otherwise exploit the User Content in connection with the Service, your Products, our products, our business, or the promotion of the Service, or our business, in any media formats and through any media channels now known or subsequently created. The license granted under this Section 10.2(B) includes, without limitation, the right to share your User Content with other users of the Service.
C. Removal of User Content. You acknowledge that the Company has the right (but not the obligation) to pre-screen User Content that you or other users provide through the Service, and that the Company will have the right (but not the obligation) to refuse or remove any User Content that is provided through the Service. Without limiting the foregoing, the Company will have the right to remove any User Content that violates these Terms of Service or is deemed by the Company to be otherwise inaccurate or objectionable. You agree that you must evaluate, and bear all risks associated with, providing User Content through the Service.
10. Our Intellectual Property Rights. Except with respect to your User Content and the User Content of other users of the Service, and any third party content provided through the Service, we own (and you acknowledge that we own) all right, title, and interest in and to: (A) the Service and all related intellectual property, including the “look and feel” of the Service and all software, ideas, processes, data, text, media, and other content available on the Service (individually and collectively, “Company Content”); and (B) our trademarks, logos, and brand elements (“Marks”). The Service, Company Content, and Marks are each protected under U.S. and international laws. You may not duplicate, copy, or reuse any portion of Company Content or use the Marks without our prior express written consent. We reserve all rights in and to the Service, the Company Content and the Marks.
11. Our Management of the Service; User Misconduct
11.1. Our Right to Manage the Service. We reserve the right, but do not undertake the obligation to: (A) monitor or review the Service for violations of these Terms of Service and for compliance with our policies; (B) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Service; (C) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any User Content or any portion thereof; (D) manage the Service in a manner designed to protect our, our users’, and third parties’ rights and property or to facilitate the proper functioning of the Service; and/or (E) terminate or block your use of the Service for violating these Terms of Service.
11.2. Interactions with other Users. You are solely responsible for your interactions with other users of the Service, whether as a Buyer or a Seller. Please note that there are risks that may arise when dealing with strangers, including persons who may be acting under false pretenses. You acknowledge that we have no duty to take any action regarding any dispute that may arise between you and any other user in connection with the Service or otherwise, including without limitation with respect to any Products purchased or sold through the Service, payment in connection with any Product, and any quality or condition of, or damage to, any Products purchased through the Service. You assume all risks associated with dealing with other users with whom you come in contact through the Service. Opinions and other statements included in User Content do not represent the opinions or statements of the Company and the posting of User Content on the Service does not constitute the Company’s support or endorsement of any opinions or statements expressed in the applicable User Content.
11.3. Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE OR ANY REMEDY WE MAY HAVE UNDER LAW OR IN EQUITY, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF USER CONTENT OR THE SERVICE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF SERVICE, OR OF ANY APPLICABLE LAW OR REGULATION.
12. DMCA And Intellectual Property Infringement Policy
12.1. DMCA Notifications. If you believe any content available on or through the Service infringes one or more of your copyrights, please send a notification (a “DMCA Notification”) including all of the information described below, to our DMCA Agent by mail or email using the contact information provided below. We will in our discretion remove or disable access to the content complained of, and in appropriate circumstances, terminate the access rights of repeat infringers. In addition, we will send a copy of the DMCA Notification to the affected user, who may submit a counter notification as described in Section 13.2 below (a “DMCA Counter Notification”) that could result in our restoring content removed in response to a DMCA Notification. You may send a DMCA Notification to our DMCA Agent at:
Attn: Legal Department
Ghosts Inc.
6300 Wilshire, Suite 1200, Los Angeles, CA 90048
Email: Legal@ghst.io
12.2. DMCA Notification Requirements. All DMCA Notifications must include the following:
● 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 the 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 us to locate the material (such as a URL for the webpage for where the material is posted).
● Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address.
● 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.
● A statement that the information set forth 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.
Please be advised that under Section 512(f) of the Digital Millennium Copyright Act you may be held liable for damages and attorneys’ fees if you make material misrepresentations in a DMCA Notification.
12.3. DMCA Counter Notifications from Users. If you receive a DMCA Notification because your content is claimed to infringe a copyright, but you believe in good faith that your content is not infringing or that you have authorization to use the material, you may respond to the DMCA Notification by sending a DMCA Counter Notification to our DMCA Agent (whose contact information is provided above) that includes:
● Your physical or electronic signature;
● Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled (such as a URL for the webpage for where the material is posted);
● A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
● Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a United States District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in Delaware and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
If you submit a DMCA Counter Notification, a copy of the DMCA Counter Notification, including your name and contact information, will be sent to the copyright owner or person who provided the DMCA notification.
Please note that sending a DMCA Counter Notification may not result in your content being restored to the Service if the copyright owner chooses to file suit against you within ten (10) business days of receiving the applicable DMCA Counter Notification.
12.4 Other Intellectual Property Rights. If you believe any content available on or through the Service infringes one or more of your intellectual property rights, please send a notification including all of the information described above by mail or email using the contact information provided below. We will in our discretion remove or disable access to the content complained of, and in appropriate circumstances, terminate the access rights of repeat infringers. In addition, we may send a copy of the notification to the affected user, who may respond, which could result in our restoring content removed in response to a notification pursuant to this paragraph. You may send a DMCA Notification to our DMCA Agent at:
Attn: Legal Department
Ghosts Inc.
6300 Wilshire, Suite 1200, Los Angeles, CA 90048
Email: Legal@ghst.io
13. Third Party Sites. The Service may contain links to websites operated by third parties, such as third party social media services (“Third Party Sites”); however, we do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including products or services, made available through Third Party Sites. The availability of these links on the Service does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, products or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. THESE TERMS OF SERVICE DO NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD PARTY SITE THROUGH LINKS OR OTHER MEANS PROVIDED ON OR THROUGH THE SERVICE, YOU SHOULD REVIEW THE THIRD PARTY SITE’S TERMS AND CONDITIONS AND PRIVACY POLICY, AND INFORM YOURSELF OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD PARTY SITES.
14. Legal Disputes and Arbitration Agreement
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
14.1. Initial Dispute Resolution Period. We are available at Legal@ghst.io to address any concerns you may have regarding the Service. Most concerns are quickly resolved in this manner. In an effort to accelerate resolution and reduce the cost of any Dispute (defined below) between us, you and we agree to first attempt to negotiate any Dispute informally for at least sixty (60) days before either party initiates any arbitration or court proceeding (the “Initial Dispute Resolution Period”). That period begins upon receipt of written notice from the party raising the Dispute. If we have a dispute with you, we will send the notice of that Dispute to the email address you have provided to us. If you have a dispute with us, you agree to send us a written notice by email to: Legal@ghst.io. A notice of Dispute will not be valid, and will not start the Initial Dispute Resolution Period, and will not allow you or us to later initiate a lawsuit or arbitration, unless it contains all of the information required by this paragraph: (a) subject line reading: “Notice of Dispute”; (b) description of the nature of the claim or dispute and the underlying facts; (c) date upon which the Dispute arose; (d) the specific relief sought; and (e) name, email address, and physical mailing address of the party seeking relief. The Initial Dispute Resolution Period must include a conference between you and us to attempt to informally resolve any Dispute in good faith. You and we will personally appear at the conference telephonically or via videoconference; if you or we are represented by counsel, counsel may participate in the conference, but you and we will also participate in the conference. The conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same conference unless all parties agree. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating an arbitration or litigation. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph. If either party violates this Initial Dispute Resolution Period paragraph, the arbitration provider shall neither accept nor administer any such arbitration nor assess fees in connection with such arbitration.
14.2. Scope. The parties acknowledge that these Terms of Service evidence a transaction involving interstate commerce. Any arbitration conducted pursuant to the terms of these Terms of Service shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). You and we agree that any dispute, claim or controversy between you and the Company asserted after the effective date of these Terms of Service, including but not limited to all disputes arising out of these Terms of Service or your use of the Service (each, a “Dispute”) shall be finally settled by binding arbitration except as expressly excluded below in the Section titled “Exceptions to Binding Arbitration.”
14.3. Binding Arbitration. If you and we do not reach an agreement to resolve the Dispute following the Initial Dispute Resolution Period (and including the conference of the parties provided in the preceding paragraph), you or we may commence an arbitration proceeding. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) and in accordance with the Expedited Procedures in those Rules, which are available at www.jamsadr.com, unless it is a Mass Arbitration before NAM, as defined below. If, for any reason, JAMS is unable to provide the arbitration, then except as otherwise stated below, you or we may file a Dispute with any national arbitration company that handles consumer arbitrations following procedures that are substantially similar to the JAMS Expedited Procedures in the JAMS Comprehensive Arbitration Rules.
A. Process. In order to initiate arbitration following the conclusion of the Initial Dispute Resolution Period, a party must provide the other party with a written demand for arbitration and file the demand with the applicable arbitration provider. A party initiating an arbitration against the Company must send the written demand for arbitration to Ghosts, Inc., ATTN: Ghost Legal, Legal@ghst.io. By signing the demand for arbitration, the party and its counsel certifies to the best of the party’s and counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (iv) the party has complied with the Initial Dispute Resolution Period, including participation in an in-person conference, as described above. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement.
B. Location & Hearing. If you are a resident of the United States, then the arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If you are not a resident of the United States, then the arbitration hearing will be held in New Castle County, Delaware, United States, or another mutually agreed location. Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the submission of documents only, subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or the Company may attend remotely, unless the arbitrator requires otherwise. The language of the arbitration will be English.
C. Arbitrator’s Decision. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and us, and any award of the arbitrator may be entered in any court of competent jurisdiction. The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitrator has authority to decide all issues of validity, enforceability, or arbitrability. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.
D. Fees. Your and our right to recover attorneys’ fees, costs and arbitration fees shall be governed by the laws that apply to the parties’ Dispute, as well as any applicable arbitration rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon showing that the other party has asserted a claim, cross-claim, defense, or procedural tactic that is groundless in fact or law, brought in bad faith, for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the JAMS Rules.
E. Mass Arbitration Before NAM. Notwithstanding the parties’ decision to have arbitrations administered by JAMS (and subject to the exceptions otherwise set forth in the “Exceptions to Binding Arbitration” Section), if 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall not be governed by JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by NAM, a nationally recognized arbitration provider, and governed by the NAM Rules in effect when the Mass Arbitration is filed, excluding any rules that permit arbitration on a class-wide basis (the “NAM Rules”), and under the rules set forth in these Terms. The NAM Rules are available at https://namadr.com/resources/rules-fees-forms/or by calling 1-800-358-2550. You and we agree that the Mass Arbitration shall be resolved using NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures, available at https://www.namadr.com/. Before any Mass Arbitration is filed with NAM, you and we agree to contact NAM jointly to advise that the parties intend to use NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures. The individual demands comprising the Mass Arbitration shall be submitted on NAM’s claim form(s) and as directed by NAM. You and we agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or we may seek an order from NAM compelling compliance and directing administration of the Mass Arbitration before NAM. Pending resolution of any such requests, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. If for any reason the provisions in this Mass Arbitration Before NAM paragraph are found to be unenforceable, or if for any reason NAM declines to administer the Mass Arbitration, then the Disputes comprising the Mass Arbitration shall be administered by AAA consistent with the provisions of the Dispute Resolution Section of these Terms of Service.
F. Appointment of Procedural Arbitrator in Mass Arbitration. You and we agree to cooperate in good faith to implement the Mass Arbitration process to minimize the time, filing fees, and costs of the Mass Arbitration. Those steps include, but are not limited to (1) the appointment of a Procedural Arbitrator to efficiently and cost-effectively manage the Mass Arbitration and to rule on proposals by the parties for the efficient and cost-effective management of the Mass Arbitration to the extent the parties cannot agree; and (2) the adoption of an expedited calendar for the arbitration proceedings.
14.4. Exceptions to Binding Arbitration. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may invoke the following exceptions to arbitration:
A. Provisional Remedies. Either party may seek provisional remedies in aid of arbitration and to enforce the Initial Dispute Resolution Period from a court of appropriate jurisdiction, subject to the forum selection provisions below.
B. Intellectual Property and Trade Secret Disputes. Either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation, subject to the forum selection provisions below.
C. Small Claims Court. Either party may seek relief in a small claims court for any individual disputes or claims within the scope of that court's jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case, in which instance no filing fees shall be due or payable by either party. Any disagreement about whether a Dispute is subject to small claims court shall be decided by small claims court or a court of competent jurisdiction, not the arbitrator.
14.5. Class and Collective Action Waiver. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION OR CLASS ARBITRATION.
14.6. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14.7. Forum. For any Dispute not subject to binding arbitration, to the fullest extent allowed by law, you and we agree to submit to the exclusive jurisdiction of any state or federal court located in New Castle County, Delaware(except for small claims court actions which may be brought in the county where you reside), and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
14.8. Severability. If any provision in this Dispute Resolution and Arbitration Section of these Terms of Service is found to be unenforceable, that provision shall be severed with the remainder of this Section of these Terms of Service remaining in full force and effect. The foregoing shall not apply to the prohibition against class or collective actions as provided for above. This means that if the prohibition against class or collective actions is found to be unenforceable with respect to a particular claim or request for relief and any appeals have been exhausted (or if the decision is otherwise final), then such claim or request for relief shall proceed in a court of competent jurisdiction, but it shall be stayed pending arbitration of all other claims and requests for relief.
14.9. 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at Legal@ghst.io. The notice must be sent within thirty (30) days of your first use of the Service otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt out of these arbitration provisions, we also will not be bound by them.
15. Warranty Disclaimer; Limitation on Liability
15.1. Disclaimer of Warranties
(A) TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE COMPANY CONTENT, USER CONTENT, THIRD PARTY CONTENT, AND/OR ANY OTHER CONTENT, MATERIAL OR PRODUCTS PROVIDED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SERVICE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTENT, MATERIAL OR PRODUCTS AVAILABLE ON OR LINKED TO BY THE SERVICE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE THE COMPANY CONTENT, USER CONTENT, THIRD PARTY CONTENT, AND/OR OR ANY OTHER CONTENT, MATERIAL OR PRODUCTS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR AFFILIATES, ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF.
(B) TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICE, THE COMPANY CONTENT, USER CONTENT, THIRD PARTY CONTENT, AND/OR ANY OTHER CONTENT, MATERIAL OR PRODUCTS ON THE SERVICE OR LINKED TO BY THE SERVICE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, MATERIAL OR PRODUCTS (FOR CLARITY, ON OR OFF THE SERVICE), (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE OR ANY PRODUCTS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED ON OUR SERVICE, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (VI) ANY PURCHASES, SALES, OR OTHER OBLIGATIONS THAT MAY ARISE BETWEEN USERS; (VII) ANY NEGATIVE OR CRITICAL COMMENTS THAT MAY BE POSTED BY OTHER USERS THROUGH THE SERVICE; AND/OR (VIII) ANY ERRORS OR OMISSIONS IN ANY CONTENT, MATERIAL OR PRODUCTS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, MATERIAL OR PRODUCTS (INCLUDING WITHOUT LIMITATION COMPANY CONTENT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.
15.2. Limited Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE, COMPANY CONTENT, USER CONTENT, THIRD PARTY CONTENT, AND/OR ANY OTHER CONTENT, MATERIAL OR PRODUCTS ON THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF SERVICE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE SERVICE, OR ANY PRODUCTS OFFERED THROUGH THE SERVICE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.
16. Indemnity. You agree to indemnify and hold us and our affiliates and each of our and their respective licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors harmless from any claim or demand including, without limitation, reasonable legal fees, arising out of or in connection with (a) as a Seller, any Products you offer through the Service, including, without limitation, any product warranty or other claims relating to the Products, (b) your User Content, including, without limitation, any claims of infringement, (c) your interactions with any other user of the Service, or (d) your violation of these Terms of Service and/or the terms and conditions that are applicable to your use of Third Party Sites. You will not be required to indemnify and hold us or any other indemnified party harmless from and against any applicable claims or demands to the extent resulting from the Company’s own negligent conduct.
17. Notice to California Users. Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to legal@ghst.io. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1 (916) 445-1254 or +1 (800) 952-5210.
18. Independent Contractors. Nothing in these Terms of Service shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
19. Non-Waiver. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of the applicable right or provision.
20. Severability. Subject to Section 15.8, these Terms of Service operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
21. Assignment. We may assign our rights under these Terms of Service without your approval and with or without notice to you.
22. No Modifications by Our Employees. If any of our employees offers to modify the terms of these Terms of Service, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
23. Contact Information. If you have any questions about these Terms of Service or the Service, please contact us at Legal@ghst.io.
