Terms of Service

Effective Date: 08/01/2023

These Terms & Conditions (“Terms”) apply to your use of the GitMason Platform, which enables content creators to directly interact and transact with their followers/customers and receive payment for their creations all in one location. The GitMason Platform includes the website gitmason.com and other products and services now available or that we make available in the future (such as mobile applications). GitMason, Inc. is the owner of the GitMason Platform. Throughout these Terms “GitMason” refers to the GitMason Platform and “we”, “our” or “us” refers to Git Mason, Inc. along with any of our subsidiaries and affiliates.

By using GitMason, you acknowledge that you have read these Terms and agree to be bound by them, along with our Privacy Policy and any other policies we may share, send, or otherwise make available to you related to your use of GitMason.

Account Creation
To use GitMason, you must first register and create a user account on GitMason. GitMason offers two types of accounts:
1. “Customer Accounts” - This is our standard, free account that allows you to browse GitMason, interact with other users and follow Creators. In addition, you may purchase content made available by Creators on GitMason (See Sec. “Terms Applicable to Customer Purchases” below for more info); all users initially register with a Customer Account.
2. “Creator Accounts” - This account tier allows you to upload and offer your Content for sale to your customers. For purposes of these Terms, “Content” includes without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or made accessible on or through GitMason. For more information on registering a Creator Account, including eligibility requirements, see Sec. “ing as a Creator” below.
When you first create your account you must provide a valid email address, username and a password or authenticate via delegated access through another account (such as your Google account). You must provide us with accurate, truthful, and complete information, in good faith and you agree to keep your information updated if it changes.
Eligibility
You must be at least 13 years old to create a Customer Account. Further, when you create a GitMason account, you represent that:
- All information that you submit to us in connection with your account is truthful, accurate, and complete;
- If you previously had a GitMason account, your prior account was not terminated or suspended due to a violation of any applicable terms or polices;
- You are not prohibited from accessing GitMason under applicable laws where you live;
- You are not engaging in any payment related services if you are on an applicable denied party listing or located in sanctioned location;
Your Obligations
You shall comply with all laws, rules, regulations, and orders of any governmental authority applicable to your use of GitMason. You are responsible for any activity on your account, as well as the security of your account. We are not responsible for any lost, stolen, or compromised user accounts, or credentials or any unauthorized activities, including payments or fund withdrawals, that may occur as a result. Please contact us immediately if you believe your account is compromised. You can learn more in the Security Section below.
Rules of Conduct
1. As a condition of use, you agree that you will not use GitMason for any purpose prohibited by these Terms. Specifically, you shall not engage in any action or upload, download, post, submit, send via messenger, otherwise distribute or facilitate distribution of any Content on or through GitMason that:
  1. Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity, or violates any law, rule or regulation (whether domestic, foreign, or international) or contractual duty;
  2. Violates our Terms;
  3. You know is false, misleading, untruthful or inaccurate;
  4. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
  5. Constitutes unauthorized or unsolicited advertising, junk or bulk email (“spamming”);
  6. Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
  7. Impersonates any person or entity, including any of our employees or representatives; or
  8. Includes anyone’s identification documents, financial information or any other sensitive personal information.
2. You shall not (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of GitMason or any activities conducted on GitMason; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to GitMason (or other accounts, computer systems or networks connected to GitMason); (iv) run any form of auto-responder or “spam” on GitMason; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of GitMason; (vi) harvest or scrape any Content, profile, or other user information from GitMason; or (vii) otherwise take any action in violation of our guidelines or policies.
3. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of GitMason; (ii) modify, translate, or otherwise create derivative works of any part of GitMason; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights granted you pursuant these Terms.
Terms Applicable to Customer Purchases
1. Billing/Payments
  To make purchases on GitMason, you will need to link a payment method to your GitMason account. When you purchase Content from a Creator through GitMason, we process your payment through a third party processor, Stripe. All payments will be subject to the terms, conditions and other applicable privacy policies of the payment processor in addition to these Terms. We are not liable for any error by our payment processor. When you purchase Content, you agree to pay all charges at the price designated by the Creator, along with our service fees and any other applicable fees or taxes, and you authorize us to charge your chosen payment method through the payment processor. All payments will be made in U.S. dollars.
2. Service Fees
  When you purchase Content on GitMason we add a platform service fee. These platform service fees help us to operate GitMason and improve the platform. You will be able to review the applicable platform service fee prior to completing your purchase. We reserve the right to change the platform service fee at our discretion. We will try to notify you prior to instituting a higher platform service fee. At this time, the platform service fee for all purchases on GitMason is 20% of your purchase amount (e.g. if a Creator charges $10 for their content, we will add a service fee of $2 for a total cost of $12 absent any taxes or other applicable fees that may apply). We do not charge any fees for payment card processing at this time, but we reserve the right to charge such fees in the future. Depending on your location, some banks may charge you a foreign transaction fee for your purchases. We do not control this charge; however, it is usually around 3.0%.
3. Taxes
  All prices on GitMason are exclusive of applicable federal, provincial, state, local or other taxes, fees or charges now in force or enacted in the future. Such taxes may be added by our third party payment service provides on our behalf when required.
4. Refunds
  We provide the GitMason Platform to facilitate transactions between Creators and their Customers; however, we are not a party to any Customer-Creator transaction, and we have no liability for such transaction or for Content underlying the transaction. If you enter into a transaction with a Creator and a dispute arises as to the Content you purchased, your options are to contact the Creator to work to resolve the issue or to initiate a chargeback or other claim with your payment provider. Our policy is that we will not provide refunds under any circumstances. If you submit any request for refund or initiate a chargeback or payment dispute that we determine to be fraudulent in nature, we reserve the right to suspend or terminate your right to purchase Content or suspend or terminate your account.
5. No Further Distribution of Purchased Content
  When you purchase Content through GitMason, you have the right to access, view or otherwise consume that Content only while logged into your GitMason account. GitMason does not permit Customers to download Content to any other media. Any attempts to circumvent this policy, including by screenshotting or recording Content on another device, constitutes a violation of these Terms. Further, the Content you purchase may not be further distributed to anyone other than yourself, including other GitMason users, and any attempts to distribute purchased Content to others, whether within or outside of the GitMason platform, constitutes a violation of these Terms. Any use, reproduction, modification, distribution or storage of any Content for other than purposes of using GitMason is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates a third party right. GitMason may suspend or terminate the account of any user who violates this Subsection 5(e).
6. Indemnity from Customers
  You will indemnify and hold us harmless from any and all losses and liabilities, including attorneys’ fees, related to your use of or conduct on GitMason. We reserve the right to exclusive control over the defense of a claim covered by this section. If we choose to exercise that right, then you will cooperate with us and help us in our defense.
Terms Specific to Creators
1. Registering as a Creator
  If you wish to upload and offer Content for sale on GitMason, you will need to apply for a Creator Account. You must be at least 18 years old to be eligible to register for a Creator Account. When you open a Creator Account you will need to provide additional information so that we can verify your identity and age, send you payouts for your Content, and comply with our legal obligations. This information includes your photo I.D. and a scan of your face geometry (to confirm that you are who you say you are), which may be considered biometric information in some jurisdictions. GitMason reserves the right to accept or deny your application for a Creator Account at its sole discretion.
2. Selling Your Content
  Subject to our Rules of Conduct (Section 4), GitMason allows you the ability to offer a variety of Content for sale to Customers on our platform, including photos, video, audio, livestream, graphics and more. While Creators are otherwise free to set their own prices for their Content, any Content offered for sale via GitMason is subject to any minimum and maximum price allowances then in effect, as set by GitMason. Creators will keep the full amount of whatever price they set for their content (unless we are required to withhold any earnings to comply with legal obligations or to recoup any losses as permitted under these Terms). We will add a 20% fee to the price of any Content purchased on GitMason that will be paid by the Customer. We do not currently charge any fees for payment processing, but we reserve the right to charge payment processing fees in the future.
3. How You Get Paid
  When you register as a Creator, you will be required to choose between either a bank account or debit card as your preferred payout method and provide the information requested during the registration process so that we can transmit funds to your designated account in accordance with any standard payout schedules or minimum withdrawal rules that may be in effect. We always aim to provide timely access to your funds; however, you may experience occasional delays in being able to access your funds. Further, we reserve the right to block or hold payments for violations of our Terms, such as if we suspect you of fraud, or for compliance purposes, such as collecting tax reporting information. In addition, we may block certain Customer payments to protect you from fraud. We may also, where we deem it appropriate, handle payment issues such as fraud, chargebacks, and resolution of payments disputes. In the event a Customer successfully seeks a refund or chargeback from their payment provider in respect of a purchase of your Content, we reserve the right to deduct from your account the amount equal to the charge-backed or refunded amount. If we do have to delay or withhold payment, we will promptly notify you of the reason, unless prohibited by law. If you have any questions about accessing your funds or any issues with payouts from GitMason, please contact us at help@gitmason.com. If you have a negative balance in your account for any reason, we reserve the right to recover that balance by offsetting those funds received from future payments.
4. Tax
  We collect tax identification information, including W-9s and other similar documentation, and report this information to the appropriate tax authorities when we are legally required to do so. You are required to complete any tax documentation we request. You are solely responsible for reporting any income or withholding taxes where required by law. Any and all international, federal, state or other tax liabilities arising from income received through your use of GitMason will be your sole responsibility. You agree that we may deduct and withhold from any income earned through GitMason, any sums, including all tax obligations, required to be withheld or paid by us to any governmental authority pursuant to any law, statute, ordinance rule, judgement or decree now or hereafter in effect. We have the right to withhold taxes that we, in our sole discretion, deem appropriate, including making double withholdings for the United States and your country of residence, as may be required.
5. Sanctions Screening
  As a company based in the United States that offers our services in other countries, we must comply with economic sanctions and trade restrictions, including those implemented by the Office of Foreign Assets Control (“OFAC”) of the U.S. Department of the Treasury. This means that we cannot take part in transactions that involve designated people, places, or items that originate from those places, as determined by agencies like OFAC. You represent that you are not named on any U.S. government list of persons or entities prohibited from receiving exports, and you shall not permit any Customers to access or use GitMason in violation of any U.S. export embargo, prohibition, or restriction. Your use of GitMason constitutes your acknowledgment of OFAC sanctions programs and agreement that you, as a Creator will either forego using GitMason or obtain (and provide us with proof of) an exemption using the appropriate channels if any OFAC sanctions programs impact your use of GitMason. You represent and warrant that your use of GitMason will not violate any regulations administered and enforced by any OFAC sanctions program.
6. Creator Warranties and Representations
  1. You agree that you will not use GitMason to engage in any fraudulent, illegal or unlawful conduct. Further, you will not advertise or promote your Content in any way that is designed to mislead or deceive any Customers about the nature or availability of any Content that you offer for sale through GitMason. The Content that you make available to Customers upon purchase shall conform with any description of the relevant Content that you make available to Customers, or other GitMason users, prior to their purchase. You shall not make any false representations related to your Content on GitMason. You agree to deliver or make the relevant Content available to the Customer once the Customer has completed their purchase and submitted payment for the relevant Content.
  2. You represent and warrant that: (i) any Content will be your own original work, created solely by you, and will not defame any third party or violate or infringe upon any third party rights, including without limitation, intellectual property rights and rights of publicity and privacy, and any obligations of confidentiality; (ii) there will be no restraint or limitation upon our right to use your Content and any components of that Content (including your likeness) in accordance with these Terms; (iii) you will not use any third party Content or proprietary materials (including logos, names, images, etc.) in the Content without first obtaining all necessary rights and licenses for use, including our express written consent; (iv) you will not disparage or denigrate GitMason, us, our products or services, or your association with us; and (v) other than elements provided by us, your Content shall comply with any Content, brand guidelines, or usage restrictions provided by us.
7. Indemnity from Creators
  You will indemnify and defend us from all losses and liabilities resulting from: (i) any breach of these Terms; (ii) any unauthorized use, disclosure, or infringement of any person or entity’s intellectual property or proprietary rights; (iii) your negligence, gross negligence, willful misconduct, or fraud; (iv) you Content or use of GitMason. You agree to pay reasonable attorney’s fees, court costs, damages finally awarded or reasonable settlement costs with respect to any such claim. We will promptly notify you of any claim and cooperate with you in defending the claim. You will reimburse us for reasonable expenses incurred in providing any cooperation or assistance. We reserve the right to exercise exclusive control over the defense of a claim covered by this clause.
8. Unauthorized Use of Your Content
  While we have implemented measures designed to prevent Content from being accessed outside of GitMason, we cannot control and will not be responsible to you for the use which other GitMason users or third parties make of such Content. You can delete your account at any time; however, when you delete your account, Customers will still have access to Content purchased from you. Deleting your account will not in itself prevent the circulation of any of your Content which may have been recorded by Customers or other users in violation of these Terms or by any third parties prior to the deletion of your account.
9. Creator Referral Program
  We offer a GitMason referral program through which Creators can introduce GitMason to other inContaineriduals who may be interested in becoming Creators themselves and receive referral payments from GitMason. Creators who refer other Creators to GitMason will be paid a referral payment of 5% on Customer purchase income (exclusive of GitMason’s service fees or any applicable taxes) generated by the referred Creator in the twelve months after the date on which the referred Creator opens their Creator Account.
Linking to Your Social Media
GitMason allows you to link your account to or to post on various third-party social media or social-networking sites. If you choose to do so, you agree and acknowledge to bear all risks that could result from such linking. By linking your account or by posting Content to third party sites, you understand and acknowledge that we have no control over such third party sites and that it is your sole responsibility to ensure that you understand, agree, and comply with such third party sites’ terms and conditions.
Content Ownership
You maintain full ownership of all intellectual property rights (such as copyright and trademark rights) in your Content that you make accessible on GitMason. By posting or otherwise making available your Content on GitMason, you grant us a perpetual, irrevocable, non-exclusive, royalty-free, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display, or prepare derivative works of your creation. We will only use this license to make available your Content to your Customers. You may not post creations that infringe others’ intellectual property or proprietary rights. We may ask you for consent verification for collaborators depicted in content funded through GitMason. A Creator may not use any Content created by another Creator in any way not permitted by the Creator.
Our Rights and Responsibilities
We do not guarantee that any Content will be made available on GitMason. We reserve the right, but do not have any obligation to remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms, or for no reason at all). We also reserve the right to remove or block any Content from GitMason. We reserve the right to access, read, preserve, and disclose any information as reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property, or safety of us, our users and the public.
GitMason’s Intellectual Property Rights
We own all rights, title and interest in and to the intellectual property in GitMason and any documentation (including without limitation any patents, copyrights, rights of publicity, trademarks, logos, designs, trade dress and trade secrets). All rights in our intellectual property not expressly granted to you in these Terms are reserved by us. You shall not and shall not allow any third party to use your instance of the GitMason platform to:
1. (i) claim or register any of our intellectual property on your behalf or on behalf of others;
2. (ii) import or export any portion of GitMason to a person or country in violation of export control laws;
3. (iii) copy, reproduce, post, transmit, resell or distribute GitMason or any content or data obtained through GitMason;
4. (iv) access or attempt to access our non-public information;
5. (v) reverse engineer GitMason or any component thereof; or
6. (vi) engage in any activity that would interfere with or affect our ability to provide GitMason, including sending an unreasonably large number of requests in quick succession to GitMason.
Subject to the above, we grant you a limited license to use our logo and other copyrights or trademarks solely to promote your GitMason page. You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our creations unless we give you permission in writing.
Notice of Copyright Infringement
We take copyright infringement very seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using GitMason, please send us a message which contains:
- Your name
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on GitMason of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must send this notification to us at help@gitmason.com.
Counter Notice
In the event that you receive a notification from us stating content posted by you has been subject to a DMCA takedown, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:
- Your name, address, email and physical or electronic signature.
- The notification reference number (if applicable).
- Identification of the material and its location before it was removed.
- A statement under penalty of perjury that the material was removed by mistake or misidentification.
- Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if You are not in the US).
- Your consent to accept service of process from the party who submitted the takedown notice.
Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice to help@gitmason.com.
Beta Services and Functionalities
We may offer you access to beta services that are being provided prior to general release, but we do not make any guarantees that these services will be made generally available (“Beta Services”). You understand and agree that the Beta Services may contain bugs, errors, and other defects, and use of the Beta Services is at your sole risk. You acknowledge that your use of Beta Services is on a voluntary and optional basis, and we have no obligation to provide technical support and may discontinue provision of Beta Services at any time in our sole discretion and without prior notice to you. These Beta Services are offered “AS-IS”, and to the extent permitted by applicable law, we disclaim any liability, warranties, indemnities, and conditions, whether express, implied, statutory, or otherwise. If you are using Beta Services, you agree to receive related correspondence and updates from us and acknowledge that opting out may result in cancellation of your access to Beta Services. If you provide feedback about the Beta Service, you agree that we own any such feedback that you share with us. For Beta Services only, these Terms supersede any conflicting terms and conditions, but only to the extent necessary to resolve conflict.
Third Party Services and Applications
GitMason may offer or enable third party integrations or software. These third party offerings are entirely at our discretion. Where a third party’s software is made available through GitMason, we do not warrant or endorse any such third party software. You use any third party software solely at your own risk. All such third party software is controlled by third parties and such third parties are solely responsible for any claims or offerings made available through such third party software. You may be required to purchase an additional subscription or otherwise pay for access to any third party software from the entity that makes such third party software available. Any issues with the transmission, processing, or storage of any of your Content by any third party software is solely to be resolved by and between you and any entity owning such third party software. We will not be responsible for any connectivity issues related to any third party software and GitMason. Any third party software is subject to the terms and conditions of the owner of such third party software. If you access or download GitMason via a third party app store you agree to abide by any and all policies applicable to such third party app store. You agree that your use of GitMason shall not violate any third party app store rules or policies.
The links on GitMason will allow you to leave GitMason. The linked sites are not under our control, and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting, or any other form of transmission received from any linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply any endorsement of the site.
Deleting Your Account
If, for any reason, you want to delete your GitMason go to “My Profile” and click on the button that says “Contact Support” to send an email to our customer support team, notifying us that you wish to delete your account. We will confirm receipt of your request and begin the process of deleting your GitMason account; however, we may ask you for additional information to verify your account before we can delete it. The process to delete your account may take up to 30 days from the date that we are able to verify the information associated with your account. If you are a Customer, your account will be deleted within a reasonable time following your request. If you are a Creator, we will not be able to delete your request until you have withdrawn any remaining balance in your GitMason account. When you delete your account, we will deal with your Content and personal information in a manner consistent with our Privacy Policy, including deleting it where we no longer require it.
- For Creators, note that Customers will still have access on GitMason to Content that they purchased from you after you delete your account.
- For Customers, when you delete your account, you will no longer be able to access Content that you have purchased.
Account Suspension and Termination
We reserve the right to terminate or suspend your account at any time at our sole discretion. We can also cancel any membership subscriptions and remove any Content, descriptions, posts or messages at our discretion. You may not bring a claim against us for suspending or terminating another person’s account, and you agree you will not bring such a claim. If you attempt to bring such a claim, you are responsible for the damages caused, including attorneys’ fees and costs. These Terms remain in effect if you no longer have an account.
Privacy
Your privacy is very important to us. By accepting these Terms, you confirm that you have read, understood and accepted the GitMason Privacy Policy.
Security
We have implemented technical and organizational measures designed to secure your data from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes.
Consent to Receive Electronic Communications
You agree that we may provide you with any communications relating to GitMason and/or your account electronically. Your consent to receive electronic communications includes, but is not limited to, all legal and regulatory disclosures and communications associated with GitMason or notices or disclosures about any changes to these Terms, or other applicable agreement. We will also send you notifications about activity related to your account; for example, Creators will receive emails about Content purchases and other activity.
Warranty Disclaimer
GitMason is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the maximum extent permitted by law. The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates, and third party services providers.
Limitation of Liability
In no event shall we, our officers, directors, employees, affiliates, or agents, be liable to you for any indirect, incidental, special, punitive, or consequential damages, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we are advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. You may also have other legal rights that vary from state to state. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (1) death or personal injury caused by our negligence or that of any of our officers, employees, or agents; (2) fraudulent misrepresentation; or (3) any liability which it is not lawful to exclude either now or in the future. Where a total disclaimer of liability is disallowed, you agree that our total liability to you shall not exceed the amounts you have paid in the past six (6) months to use the services or one hundred United States' dollars, whichever is greater.
Dispute Resolution
These Terms and any dispute arising out of or in connection with these Terms (“Dispute”) shall be subject to arbitration as set forth.
1. Binding Arbitration
  You agree that any dispute relating in any way to your use of GitMason shall be submitted to confidential binding arbitration. If there is a dispute about whether this arbitration provision can be enforced or applies to the Dispute, you and we agree that the arbitrator will decide that issue. However, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
  Arbitration under these Terms is under the Federal Arbitration Act which governs the interpretation and enforcement of this provision. The arbitration will be administered by JAMS Arbitration in accordance with their arbitration rules (the “Rules”) then in effect, found athttps://www.jamsadr.com/. Arbitration shall be conducted by one (1) arbitrator as selected pursuant to the Rules; the arbitrator&apsos;s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The location of the arbitration shall be Los Angeles, California. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of GitMason or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever banned. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, you agree that any action shall be brought solely in a court of competent jurisdiction located within Los Angeles County, California.
  You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by notifying us at help@gitmason.com. In order to be effective, the opt out notice must include your full name and must clearly indicate your intent to opt out of binding arbitration. If you have decided to opt out of Binding Arbitration, all Disputes shall be heard in a court of competent jurisdiction located within Los Angeles County, California.
2. Class Action Waiver
  You and we agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an inContaineridual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, or private attorney general action.
Miscellaneous
1. Governing Law
  These Terms will be governed by and construed under the laws of the State of California, without reference to its conflict of law provisions, and shall inure to our benefit as well as that of our successors and assigns, whether by merger, consolidation or otherwise. By using GitMason, you hereby submit to the exclusive jurisdiction of the courts within the State of California, County of Los Angeles and waive any jurisdictional venue or inconvenient forum objections to such courts.
2. Severability
  In the event that a provision of these Terms is found to be unlawful, conflicting with another provision of the Terms, or otherwise unenforceable, the Terms will remain in force as though they had been entered into without that unenforceable provision being included in them. If two or more provisions of these Terms or any other agreement you may have with us are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force.
3. Waivers
  We reserve all rights permitted to us under these Terms as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
4. Force Majeure
  We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
5. Entire Agreement
  These Terms, along with our Privacy Policy, are the entire agreement between you and us with respect to your use of GitMason and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to GitMason.
6. Amendments
  We reserve the right to make changes to these Terms (and our other policies). If we make any material changes, we will provide advance notice to you before such changes take effect. Any changes to these Terms will become effective as of the date published (as indicated above). Continuing to use GitMason after any changes means that you accept the new terms and agree to be bound by them.
7. Assignment
  You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms to any other party at our discretion.
8. Survival
  All portions of these Terms that would reasonably be believed to survive termination shall survive and remain in full force upon termination. For the avoidance of doubt, this includes, without limitation, your representations, warranties and indemnification obligations, as well as the dispute resolution terms.
9. Headings
  The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.
10. Notices
  Unless otherwise specified, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to help@gitmason.com.
Contact Us
If you have any questions about these Terms or GitMason, you may contact us at help@gitmason.com.