Welcome to LiquidatyHub! We’re glad you came. Please read this Terms of Service agreement, which is a contract between you and Guarnerix Inc dba Liquidaty (“LiquidatyHub”, “we”, “us”), carefully before accessing or using LiquidatyHub.
Effective date: Feburary 10, 2022
Please note, until further notice, all of LiquidatyHub is a Beta Preview service, to which the Beta Preview terms (as described below) apply
- An “Account” represents your legal relationship with LiquidatyHub. A “User Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on LiquidatyHub. “Organizations” are shared workspaces that may be associated with a single entity or with one or more Users where multiple Users can collaborate across many projects at once. A User Account can be a member of any number of Organizations.
- The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the “Terms”) and all other operating rules, policies (including the LiquidatyHub Privacy Statement, available at https://dev.hub.liquidaty.com/help/terms/#privacy and procedures that we may publish from time to time on the Website
- “Beta Previews” mean software, services, or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings.
- “Content” refers to content featured or displayed through the Website, including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Website or otherwise available through the Service. “Content” also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. “Your Content” is Content that you create or own.
- “LiquidatyHub,” “We,” and “Us” refer to LiquidatyHub, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
- The “Service” refers to the applications, software, products, and services provided by LiquidatyHub, including any Beta Previews.
- “The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 13 years of age.
- The “Website” refers to LiquidatyHub’s website located at https://dev.hub.liquidaty.com/, and all content, services, and products provided by LiquidatyHub at or through the Website.
- Users. Subject to these Terms, you retain ultimate administrative control over your User Account and the Content within it.
- Organizations. The “owner” of an Organization that was created under these Terms has ultimate administrative control over that Organization and the Content within it. Within the Service, an owner can manage User access to the Organization’s data and projects. An Organization may have multiple owners, but there must be at least one User Account designated as an owner of an Organization. If you are the owner of an Organization under these Terms, we consider you responsible for the actions that are performed on or through that Organization.
You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid Account, in which case additional information will be necessary for billing purposes.
- You must be a human to create an Account. Accounts registered by “bots” or other automated methods are not permitted. We do permit Accounts to be used exclusively for performing automated tasks (“machine accounts”)
- One person or legal entity may maintain no more than one free Account
- You must be age 13 or older. If we learn of any User under the age of 13, we will terminate that User’s Account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws
- Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid Organization may only provide access to as many User Accounts as your subscription allows
- You may not use LiquidatyHub in violation of export control or sanctions laws of the United States or any other applicable jurisdiction. You may not use LiquidatyHub if you are or are working on behalf of a Specially Designated National (SDN) or a person subject to similar blocking or denied party prohibitions administered by a U.S. government agency. LiquidatyHub may allow persons in certain sanctioned countries or territories to access certain LiquidatyHub services pursuant to U.S. government authorizations
You are responsible for keeping your Account secure while you use our Service. The content of your Account and its security are up to you.
- You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have Accounts under your Account)
- You are responsible for maintaining the security of your credentials. LiquidatyHub cannot and will not be liable for any loss or damage from your failure to comply with this security obligation
- You will promptly notify LiquidatyHub (via email to email@example.com) if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account
In some situations, third parties' terms may apply to your use of LiquidatyHub. For example, you may be a member of an organization on LiquidatyHub with its own terms or license agreements; or you may download an application that integrates with LiquidatyHub. Please be aware that while these Terms are our full agreement with you, other parties' terms govern their relationships with you.
Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.
You agree that you will not under any circumstances violate our Acceptable Use Policies.
You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.
We have the right to refuse or remove any User-Generated Content that, in our sole discretion, violates any laws or LiquidatyHub terms or policies.
You retain ownership of and responsibility for Your Content. If you’re posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third-party licenses relating to Content you post.
Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other LiquidatyHub Users — certain legal permissions. These license grants apply to Your Content. If you upload Content that already comes with a license granting LiquidatyHub the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of such rights granted. The licenses you grant to us will end when you remove Your Content from our servers, unless other Users have forked it.
We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, archive, parse, and display Your Content, and make incidental copies, as necessary to provide the Service, including improving the Service over time. This license includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case Your Content is something like music or video.
This license does not grant LiquidatyHub the right to sell Your Content. It also does not grant LiquidatyHub the right to otherwise distribute or use Your Content outside of our provision of the Service.
Any User-Generated Content you post publicly, including issues, comments, and contributions to other Users' domains, may be viewed by others. By setting your domains to be viewed publicly, you agree to allow others to view and “fork” your domains (this means that others may make their own copies of Content from your domains in domains they control).
If you set your domains and/or other content to be viewed publicly, you grant each User of LiquidatyHub a nonexclusive, worldwide license to use, display, and perform Your Content through the LiquidatyHub Service and to reproduce Your Content solely on LiquidatyHub as permitted through LiquidatyHub’s functionality (for example, through forking). You may grant further rights if you adopt a license. If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other LiquidatyHub Users.
Whenever you add Content to a domain containing notice of a license, you license that Content under the same terms, and you agree that you have the right to license that Content under those terms. If you have a separate agreement to license that Content under different terms, such as a contributor license agreement, that agreement will supersede.
You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted to us above, but not otherwise.
To the extent this agreement is not enforceable by applicable law, you grant LiquidatyHub the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.
Some Accounts may have private domains, which allow the User to control access to Content.
LiquidatyHub considers the contents of private domains to be confidential to you. LiquidatyHub will protect the contents of private domains from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.
LiquidatyHub personnel may only access the content of your private domains in the situations described in our Privacy Statement.
You may choose to enable additional access to your private domains. For example:
- You may enable various LiquidatyHub services or features that require additional rights to Your Content in private domains. These rights may vary depending on the service or feature, but LiquidatyHub will continue to treat your private domain Content as confidential. If those services or features require rights in addition to those we need to provide the LiquidatyHub Service, we will provide an explanation of those rights.
Additionally, we may be compelled by law to disclose the contents of your private domains.
LiquidatyHub will provide notice regarding our access to private domain content, unless for legal disclosure, to comply with our legal obligations, or where otherwise bound by requirements under law, for automated scanning, or if in response to a security threat or other risk to security.
If you believe that content on our website violates your copyright, please contact us in accordance with our Digital Millennium Copyright Act Policy. If you are a copyright owner and you believe that content on LiquidatyHub violates your rights, please contact us by emailing firstname.lastname@example.org, with the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a specific description of where the material that you claim is infringing is located on the our website; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses. We will terminate the accounts of repeat infringers.
Abuse or excessively frequent requests to LiquidatyHub via the API may result in the temporary or permanent suspension of your Account’s access to the API. LiquidatyHub, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.
You may not share API tokens to exceed LiquidatyHub’s rate limitations.
You may not use the API to download data or Content from LiquidatyHub for spamming purposes, including for the purposes of selling LiquidatyHub users' personal information, such as to recruiters, headhunters, and job boards.
All use of the LiquidatyHub API is subject to these Terms of Service and the LiquidatyHub Privacy Statement.
LiquidatyHub may offer subscription-based access to our API for those Users who require high-throughput access or access that would result in resale of LiquidatyHub’s Service.
Beta Previews may not be supported and may be changed at any time without notice. In addition, Beta Previews are not subject to the same security measures and auditing to which the Service has been and is subject. By using a Beta Preview, you use it at your own risk.
As a user of Beta Previews, you may get access to special information that isn’t available to the rest of the world. Due to the sensitive nature of this information, it’s important for us to make sure that you keep that information secret.
Confidentiality Obligations. You agree that any non-public Beta Preview information we give you, such as information about a private Beta Preview, will be considered LiquidatyHub’s confidential information (collectively, “Confidential Information”), regardless of whether it is marked or identified as such. You agree to only use such Confidential Information for the express purpose of testing and evaluating the Beta Preview (the “Purpose”), and not for any other purpose. You should use the same degree of care as you would with your own confidential information, but no less than reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of our Confidential Information. You promise not to disclose, publish, or disseminate any Confidential Information to any third party, unless we don’t otherwise prohibit or restrict such disclosure (for example, you might be part of a LiquidatyHub-organized group discussion about a private Beta Preview feature).
Exceptions. Confidential Information will not include information that is: (a) or becomes publicly available without breach of this Agreement through no act or inaction on your part (such as when a private Beta Preview becomes a public Beta Preview); (b) known to you before we disclose it to you; (c) independently developed by you without breach of any confidentiality obligation to us or any third party; or (d) disclosed with permission from LiquidatyHub. You will not violate the terms of this Agreement if you are required to disclose Confidential Information pursuant to operation of law, provided LiquidatyHub has been given reasonable advance written notice to object, unless prohibited by law.
We’re always trying to improve of products and services, and your feedback as a Beta Preview user will help us do that. If you choose to give us any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback for our products or services (collectively, “Feedback”), you acknowledge and agree that LiquidatyHub will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit and/or incorporate the Feedback into our products, services, and documentation
For any Beta Preview you use or access, you agree not to (and agree not to authorize or permit any third party including any Customer Representatives to):
- modify, create derivative works based on, reverse engineer or decompile, decrypt, disassemble or otherwise reduce to human-readable form, the related product or service (except and only to the extent any foregoing restriction is prohibited by applicable law
- defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection mechanisms, including without limitation any such mechanism used to restrict or control the functionality
- create a similar or identical program or a set of programs, using any elements or functionalities of the Beta Preview to do so;
- use in or in connection with any production environment;
- release, publish, and/or otherwise make available to any third party the results of any performance or functional evaluation of any Beta Preview product, feature, service or other offering, without the prior written approval of Liquidaty
- alter or remove any proprietary notices or legends
- access or use (or attempt to access or use) another user’s account without permission, or solicit another user’s login information, or make any attempts to do so;
- “frame” or “mirror” any portion of the online components of the content imported or uploaded to the Beta Preview product, feature, service or other offering
Our pricing and payment terms are available at https://dev.hub.liquidaty.com/help/subscriptions/. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.
- We will immediately bill you when you upgrade from the free plan to any paying plan.
- If you change from a monthly billing plan to a yearly billing plan, LiquidatyHub will bill you for a full year at the next monthly billing date.
- If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.
- You may change your level of service at any time by choosing a plan option or going into your Billing settings. If you choose to downgrade your Account, you may lose access to Content, features, or capacity of your Account. Please see our section on Cancellation for information on getting a copy of that Content.
Payment Based on Plan For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open Account; however, the service will remain active for the length of the paid billing period. In order to treat everyone equally, no exceptions will be made.
Payment Based on Usage Some Service features are billed based on your usage. A limited quantity of these Service features may be included in your plan for a limited term without additional charge. If you choose to purchase paid Service features beyond the quantity included in your plan, you pay for those Service features based on your actual usage in the preceding month. Monthly payment for these purchases will be charged on a periodic basis in arrears.
Invoicing For invoiced Users, User agrees to pay the fees in full, up front without deduction or setoff of any kind, in U.S. Dollars. User must pay the fees within thirty (30) days of the LiquidatyHub invoice date. Amounts payable under this Agreement are non-refundable, except as otherwise provided in this Agreement. If User fails to pay any fees on time, LiquidatyHub reserves the right, in addition to taking any other action at law or equity, to (i) charge interest on past due amounts at 1.0% per month or the highest interest rate allowed by law, whichever is less, and to charge all expenses of recovery, and (ii) terminate the applicable order form. User is solely responsible for all taxes, fees, duties and governmental assessments (except for taxes based on LiquidatyHub’s net income) that are imposed or become due in connection with this Agreement.
By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for LiquidatyHub.
You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay LiquidatyHub any charge incurred in connection with your use of the Service. If you dispute the matter, contact LiquidatyHub Support. You are responsible for providing us with a valid means of payment for paid Accounts. Free Accounts are not required to provide payment information.
It is your responsibility to properly cancel your Account with LiquidatyHub. You can cancel your Account at any time by going into your Settings in the global navigation bar at the top of the screen. The Account screen provides a simple, no questions asked cancellation link. We are not able to cancel Accounts in response to an email or phone request.
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your domains within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once your Account is cancelled.
We will not delete Content that you have contributed to other Users' domains or that other Users have forked solely because an account has been cancelled.
Upon request, we will make a reasonable effort to provide an Account owner with a copy of your lawful, non-infringing Account contents after Account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade.
LiquidatyHub has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. LiquidatyHub reserves the right to refuse service to anyone for any reason at any time.
All provisions of this Agreement which, by their nature, should survive termination will survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.
Communications made through email or LiquidatyHub Support’s messaging system will not constitute legal notice to LiquidatyHub or any of its officers, employees, agents or representatives in any situation where notice to LiquidatyHub is required by contract or any law or regulation. Legal notice to LiquidatyHub must be in writing and served to our office at 500 108th avenue, Suite 1100, Bellevue WA 98004
LiquidatyHub only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.
LiquidatyHub provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
LiquidatyHub does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from
- the use, disclosure, or display of your User-Generated Content;
- your use or inability to use the Service;
- any modification, price change, suspension or discontinuance of the Service;
- the Service generally or the software or systems that make the Service available;
- unauthorized access to or alterations of your transmissions or data;
- statements or conduct of any third party on the Service;
- any other user interactions that you input or receive through your use of the Service; or
- any other matter relating to the Service.
IN NO EVENT SHALL LIQUIDATYHUB, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR INABILITY TO USE OUR WEBSITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE WEBSITE, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITES, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR WEBSITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; (vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER RELATING TO OUR WEBSITE, EVEN IF LIQUIDATYHUB OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF LIQUIDATYHUB UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
If you have a dispute with one or more Users, you agree to release LiquidatyHub from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that LiquidatyHub (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases LiquidatyHub of all liability); and (3) provides to you all reasonable assistance, at your expense.
We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. Your continued use of the Website constitutes agreement to our revisions of these Terms of Service.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.
Except to the extent applicable law provides otherwise, this Agreement between you and LiquidatyHub and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of Washington, without regard to conflict of law provisions. You and LiquidatyHub agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of Bellevue, Washington.
LiquidatyHub may assign or delegate these Terms of Service and/or the LiquidatyHub Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant described herein. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.
Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of LiquidatyHub to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
This Agreement may only be modified by a written amendment signed by an authorized representative of LiquidatyHub, or by the posting by LiquidatyHub of a revised version in accordance with the section herein entitled “Changes to These Terms”. These Terms of Service, together with the LiquidatyHub Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and LiquidatyHub relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.
Questions about the Terms of Service? Email email@example.com
Effective date: Feburary 10, 2022
Thanks for entrusting Guarnerix Inc dba Liquidaty (“LiquidatyHub”, “we”, “us”) with your domain configurations, your projects, and your personal information. We take your privacy seriously, and this document describes how we handle it.
All capitalized terms have their definition in LiquidatyHub’s Terms of Service unless otherwise noted here.
“User Personal Information” is any information about one of our Users which could, alone or together with other information, personally identify them or otherwise be reasonably linked or connected with them. Information such as a username and password, an email address, a real name, an Internet protocol (IP) address, and a photograph are examples of “User Personal Information.”
User Personal Information does not include aggregated, non-personally identifying information that does not identify a User or cannot otherwise be reasonably linked or connected with them. We may use such aggregated, non-personally identifying information for research purposes and to operate, analyze, improve, and optimize our Website and Service.
We require some basic information at the time of account creation. When you create your own username and password, we may ask you for a valid email address and/or to sign in or sign up to LiquidatyHub through certain third-party providers such as GitHub (each, a “Third-Party Provider”). If you elect to sign up through a Third-Party Provider, we receive certain profile and account information about you from the Third-Party Provider. The Third-Party Provider may also appear in your profile, so that people can find you on Third-Party Provider. The specific information provided to us by any Third-Party Provider is determined by you and such Third-Party Provider, and may vary by provider. In all cases, the permissions page for the Third-Party Provider will describe the information being shared. You should consult their respective privacy policies for information about their practices.
If you sign on to a paid Account with us, we collect your full name, address, and credit card information. Please note, LiquidatyHub does not process or store your credit card information, but our third-party payment processor does.
You may choose to give us more information for your Account profile, such as your full name, an avatar which may include a photograph, your biography, your location, your company, and a URL to a third-party website. This information may include User Personal Information. Please note that your profile information may be visible to other Users of our Service.
If you have a paid Account with us, we automatically collect certain information about your transactions on the Service, such as the date, time, and amount charged.
If you’re accessing our Service or Website, we automatically collect the same basic information that most services collect, subject, where necessary, to your consent. This includes information about how you use the Service, such as the pages you view, the referring site, your IP address and session information, and the date and time of each request. This is information we collect from every visitor to the Website, whether they have an Account or not. This information may include User Personal information.
As further described below, we automatically collect information from cookies (such as cookie ID and settings) to keep you logged in, to remember your preferences, to identify you and your device and to analyze your use of our service.
We may collect certain information about your device, such as its IP address, browser or client application information, language preference, operating system and application version, device type and ID, and device model and manufacturer. This information may include User Personal information.
LiquidatyHub may collect User Personal Information from third parties. For example, this may happen if you sign up for training or to receive information about LiquidatyHub from one of our vendors, partners, or affiliates. LiquidatyHub does not purchase User Personal Information from third-party data brokers.
We do not intentionally collect “Sensitive Personal Information”, such as personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation. If you choose to store any Sensitive Personal Information on our servers, you are responsible for complying with any regulatory controls regarding that data.
If you are a child under the age of 13, you may not have an Account on LiquidatyHub. LiquidatyHub does not knowingly collect information from or direct any of our content specifically to children under 13. If we learn or have reason to suspect that you are a User who is under the age of 13, we will have to close your Account. Please see our Terms of Service for information about Account termination. Different countries may have different minimum age limits, and if you are below the minimum age for providing consent for data collection in your country, you may not have an Account on LiquidatyHub.
We do not intentionally collect User Personal Information that is stored in your domains or other free-form content inputs. Any personal information within a domain is the responsibility of the domain owner.
We may use your information for the following purposes:
- We use your Registration Information to create your account, and to provide you the Service.
- We use your Payment Information to provide you with the Paid Account service or any other LiquidatyHub paid service you request.
- We use your User Personal Information, specifically your username, to identify you on LiquidatyHub.
- We use your Profile Information to fill out your Account profile and to share that profile with other users if you ask us to.
- We use your email address to communicate with you
- We use User Personal Information to respond to support requests.
- We use User Personal Information and other data to make recommendations for you, such as to suggest projects you may want to follow or contribute to. We learn from your public behavior on LiquidatyHub—such as the projects you star—as an input in determining recommendations of other projects. These recommendations are automated decisions, but they have no legal impact on your rights.
- We may use User Personal Information to invite you to take part in surveys, beta programs, or other research projects, subject, where necessary, to your consent.
- We use Usage Information and Device Information to better understand how our Users use LiquidatyHub and to improve our Website and Service.
- We may use your User Personal Information if it is necessary for security purposes or to investigate possible fraud or attempts to harm LiquidatyHub or our Users.
- We may use your User Personal Information to comply with our legal obligations, protect our intellectual property, and enforce our Terms of Service.
- We limit our use of your User Personal Information to the purposes listed in this Privacy Statement. If we need to use your User Personal Information for other purposes, we will ask your permission first.
To the extent that our processing of your User Personal Information is subject to certain international laws (including, but not limited to, the European Union’s General Data Protection Regulation (GDPR)), LiquidatyHub is required to notify you about the legal basis on which we process User Personal Information. LiquidatyHub processes User Personal Information on the following legal bases:
- Contract Performance:
o When you create a LiquidatyHub Account, you provide your Registration Information. We require this information for you to enter into the Terms of Service agreement with us, and we process that information on the basis of performing that contract. We also process your username and email address on other legal bases, as described below.
o If you have a paid Account with us, we collect and process additional Payment Information on the basis of performing that contract.
o We rely on your consent to use your User Personal Information under the following circumstances: when you fill out the information in your user profile; when you decide to participate in a LiquidatyHub training, research project, beta program, or survey; and for marketing purposes, where applicable.
- Legitimate Interests:
o Generally, the remainder of the processing of User Personal Information we perform is necessary for the purposes of our legitimate interest, for example, for legal compliance purposes, security purposes, or to maintain ongoing confidentiality, integrity, availability, and resilience of LiquidatyHub’s systems, Website, and Service.
- If you would like to request deletion of data we process on the basis of consent or if you object to our processing of personal information, please email us at firstname.lastname@example.org
We may share your User Personal Information with third parties under one of the following circumstances:
We share your User Personal Information, if you consent, after letting you know what information will be shared, with whom, and why. Additionally, you may direct us through your actions on LiquidatyHub to share your User Personal Information. For example, if you join an Organization, you indicate your willingness to provide the owner of the Organization with the ability to view your activity in the Organization’s access log.
We may share User Personal Information with a limited number of service providers who process it on our behalf to provide or improve our Service, and who have agreed to privacy restrictions similar to the ones in our Privacy Statement by signing data protection agreements or making similar commitments. These service providers may perform one or more of payment processing, customer support ticketing, network data transmission, security, and other similar services. While LiquidatyHub processes all User Personal Information in the United States, our service providers may process data outside of the United States or the European Union. If you would like to know who our service providers are, please email us at email@example.com.
If you are a member of an Organization, LiquidatyHub may share your username, Usage Information, and Device Information associated with that Organization with an owner and/or administrator of the Organization, to the extent that such information is provided only to investigate or respond to a security incident that affects or compromises the security of that particular Organization.
LiquidatyHub strives for transparency in complying with legal process and legal obligations. Unless prevented from doing so by law or court order, or in rare, exigent circumstances, we make a reasonable effort to notify users of any legally compelled or required disclosure of their information. LiquidatyHub may disclose User Personal Information or other information we collect about you to law enforcement if required in response to a valid subpoena, court order, search warrant, a similar government order, or when we believe in good faith that disclosure is necessary to comply with our legal obligations, to protect our property or rights, or those of third parties or the public at large.
We may share User Personal Information if we are involved in a merger, sale, or acquisition of corporate entities or business units. If any such change of ownership happens, we will ensure that it is under terms that preserve the confidentiality of User Personal Information, and we will notify you on our Website or by email before any transfer of your User Personal Information. The organization receiving any User Personal Information will have to honor any promises we made in our Privacy Statement or Terms of Service.
We share certain aggregated, non-personally identifying information with others about how our users, collectively, use LiquidatyHub, or how our users respond to our other offerings, such as our conferences or events.
We do not sell your User Personal Information for monetary or other consideration.
If your domain is private, you control the access to your Content. If you include User Personal Information or Sensitive Personal Information, that information may only be accessible to LiquidatyHub in accordance with this Privacy Statement. LiquidatyHub personnel do not access private domain content except for
- security purposes
- to assist the domain owner with a support matter
- to maintain the integrity of the Service
- to comply with our legal obligations
- if we have reason to believe the contents are in violation of the law, or
- with your consent
However, while we do not generally search for content in your domains, we may scan our servers and content to detect certain tokens or security signatures, known active malware, known vulnerabilities in dependencies, or other content known to violate our Terms of Service, such as violent extremist or terrorist content or child exploitation imagery, based on algorithmic fingerprinting techniques (collectively, “automated scanning”). Our Terms of Service provides more details on private domains.
LiquidatyHub will provide notice regarding our access to private domain content, unless for legal disclosure, to comply with our legal obligations, or where otherwise bound by requirements under law, for automated scanning, or if in response to a security threat or other risk to security.
If your domain is public, anyone may view its contents. If you include User Personal Information, Sensitive Personal Information, or confidential information, such as email addresses or passwords, in your public domain, that information may be indexed by search engines or used by third parties.
Please see more about User Personal Information in public domains.
Many of LiquidatyHub services and features are public-facing. If your content is public-facing, third parties may access and use it in compliance with our Terms of Service, such as by viewing your profile or domains or pulling data via our API. We do not sell that content; it is yours. However, we do allow third parties, such as research organizations or archives, to compile public-facing LiquidatyHub information. Other third parties, such as data brokers, have been known to scrape LiquidatyHub and compile data as well.
Your User Personal Information associated with your content could be gathered by third parties in these compilations of LiquidatyHub data. If you do not want your User Personal Information to appear in third parties’ compilations of LiquidatyHub data, please do not make your User Personal Information publicly available and be sure to configure your email address to be private in your user profile and in your git commit settings. We currently set Users' email address to private by default, but legacy LiquidatyHub Users may need to update their settings.
If you would like to compile LiquidatyHub data, you must comply with our Terms of Service regarding information usage and privacy, and you may only use any public-facing User Personal Information you gather for the purpose for which our user authorized it. For example, where a LiquidatyHub user has made an email address public-facing for the purpose of identification and attribution, do not use that email address for the purposes of sending unsolicited emails to users or selling User Personal Information, such as to recruiters, headhunters, and job boards, or for commercial advertising. We expect you to reasonably secure any User Personal Information you have gathered from LiquidatyHub, and to respond promptly to complaints, removal requests, and “do not contact” requests from LiquidatyHub or LiquidatyHub users.
Similarly, projects on LiquidatyHub may include publicly available User Personal Information collected as part of the collaborative process. If you have a complaint about any User Personal Information on LiquidatyHub, please see our section on resolving complaints.
You may indicate, through your actions on LiquidatyHub, that you are willing to share your User Personal Information. If you collaborate on or become a member of an Organization, then its Account owners may receive your User Personal Information. When you accept an invitation to an Organization, you will be notified of the types of information owners may be able to see (for more information, see About Organization Membership). If you accept an invitation to an Organization with a verified domain, then the owners of that Organization will be able to see your full email address(es) within that Organization’s verified domain(s).
Please note, LiquidatyHub may share your username, Usage Information, and Device Information with the owner(s) of the Organization you are a member of, to the extent that your User Personal Information is provided only to investigate or respond to a security incident that affects or compromises the security of that particular Organization.
Please contact the Account owners for more information about how they might process your User Personal Information in their Organization and the ways for you to access, update, alter, or delete the User Personal Information stored in the Account.
If you create any content on LiquidatyHub collects, uses, and/or shares personal information and other visitor information, it is your responsibility to post a privacy statement that accurately describes how you do so and how you comply with applicable data privacy laws, rules, and regulations. Please note that LiquidatyHub may collect User Personal Information from visitors any such content, including logs of visitor IP addresses, to comply with legal obligations, and to maintain the security and integrity of the Website and the Service.
If you’re already a LiquidatyHub user, you may access, update, alter, or delete your basic user profile information by editing your user profile or contacting LiquidatyHub Support. You can control the information we collect about you by limiting what information is in your profile, by keeping your information current, or by contacting LiquidatyHub Support.
If LiquidatyHub processes information about you, such as information LiquidatyHub receives from third parties, and you do not have an account, then you may, subject to applicable law, access, update, alter, delete, or object to the processing of your personal information by contacting LiquidatyHub Support.
As a LiquidatyHub User, you can always take your data with you. You can clone your domains to your desktop, for example, using commonly-available utilities such as
Generally, LiquidatyHub retains User Personal Information for as long as your account is active or as needed to provide you services.
If you would like to cancel your account or delete your User Personal Information, you may do so in your user profile. We retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile (within reason) within 90 days of your request.
After an account has been deleted, certain data, such as contributions to other Users' domains and comments in others' issues, may remain. However, we will delete or de-identify your User Personal Information, including your username and email address, from the author field of issues, pull requests, and comments by associating them with a ghost user.
The email address you have supplied via your Git commit settings will always be associated with your commits in the Git system. If you choose to make your email address private, you should also update your Git commit settings. We are unable to change or delete data in the Git commit history — the Git software is designed to maintain a record — but we do enable you to control what information you put in that record.
By using our service, you agree that we can place these types of cookies on your computer or device. If you disable your browser or device’s ability to accept these cookies, you may not be able to log in or use our service.
LiquidatyHub takes all measures reasonably necessary to protect User Personal Information from unauthorized access, alteration, or destruction; maintain data accuracy; and help ensure the appropriate use of User Personal Information.
Transmission of data on LiquidatyHub is encrypted using SSH, HTTPS (TLS). Data is stored on AWS virtual servers in encrypted form.
No method of transmission, or method of electronic storage, is 100% secure. Therefore, while we do our best to keep transmissions and storage secure, we cannot guarantee their absolute security.
If you have concerns about the way LiquidatyHub is handling your User Personal Information, please let us know immediately by emailing us directly at firstname.lastname@example.org with the subject line “Privacy”.
LiquidatyHub may change our Privacy Statement from time to time.
Questions regarding LiquidatyHub’s Privacy Statement or information practices should be directed to email@example.com.
Capitalized terms used but not defined in these Acceptable Use Policies have the meanings assigned to them in our Terms of Service and Privacy Statement. “We”, “us”, “our” and “LiquidatyHub” refer to Guarnerix Inc dba Liquidaty.
You are responsible for using the Service in compliance with all applicable laws, regulations, and all of our Acceptable Use Policies. These policies may be updated from time to time and are provided below, as well as in our Terms of Service.
Under no circumstances will Users upload, post, host, execute, or transmit any Content that:
- is unlawful or promotes unlawful activities;
- is or contains sexually obscene content;
- is libelous, defamatory, or fraudulent;
- is discriminatory or abusive toward any individual or group;
- gratuitously depicts or glorifies violence, including violent images;
- is or contains false, inaccurate, or intentionally deceptive information that is likely to adversely affect the public interest (including health, safety, election integrity, and civic participation);
- directly supports unlawful active attack or malware campaigns that are causing technical harms — such as using our platform to deliver malicious executables or as attack infrastructure, for example by organizing denial of service attacks or managing command and control servers — with no implicit or explicit dual-use purpose prior to the abuse occurring; or
- shares unauthorized product licensing keys, software for generating unauthorized product licensing keys, or software for bypassing checks for product licensing keys, including extension of a free license beyond its trial period; or
- infringes any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other right.
While using the Service, under no circumstances will you:
- harass, abuse, threaten, or incite violence towards any individual or group, including our employees, officers, and agents, or other users;
- post off-topic content, or interact with platform features, in a way that significantly or repeatedly disrupts the experience of other users;
- use our servers for any form of excessive automated bulk activity (for example, spamming or cryptocurrency mining), to place undue burden on our servers through automated means, or to relay any form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
- use our servers to disrupt or to attempt to disrupt, or to gain or to attempt to gain unauthorized access to, any service, device, data, account or network (unless authorized by the LiquidatyHub Bug Bounty program);
- impersonate any person or entity, including any of our employees or representatives, including through false association with LiquidatyHub, or by fraudulently misrepresenting your identity or site’s purpose; or
- violate the privacy of any third party, such as by posting another person’s personal information without consent.
Automated excessive bulk activity and coordinated inauthentic activity, such as spamming, are prohibited on LiquidatyHub. Prohibited activities include:
- bulk distribution of promotions and advertising prohibited by LiquidatyHub terms and policies
- inauthentic interactions, such as fake accounts and automated inauthentic activity
- rank abuse, such as automated starring or following
- creation of or participation in secondary markets for the purpose of the proliferation of inauthentic activity
- using LiquidatyHub as a platform for propagating abuse on other platforms
- phishing or attempted phishing
You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission.
You may use information from our Service for the following reasons, regardless of whether the information was scraped, collected through our API, or obtained otherwise:
- Researchers may use public, non-personal information from the Service for research purposes, only if any publications resulting from that research are open access.
- Archivists may use public information from the Service for archival purposes.
Scraping refers to extracting information from our Service via an automated process, such as a bot or webcrawler. Scraping does not refer to the collection of information through our API. Please see our Terms of Service for our API Terms.
You may not use information from the Service (whether scraped, collected through our API, or obtained otherwise) for spamming purposes, including for the purposes of sending unsolicited emails to users or selling User Personal Information (as defined in the LiquidatyHub Privacy Statement), such as to recruiters, headhunters, and job boards.
Your use of information from the Service must comply with the LiquidatyHub Privacy Statement.
Misuse of User Personal Information is prohibited.
Any person, entity, or service collecting data from the Service must comply with the LiquidatyHub Privacy Statement, particularly in regards to the collection of User Personal Information. If you collect any User Personal Information from the Service, you agree that you will only use that User Personal Information for the purpose for which that User has authorized it. You agree that you will reasonably secure any User Personal Information you have gathered from the Service, and you will respond promptly to complaints, removal requests, and “do not contact” requests from us or other users.
The Service’s bandwidth limitations vary based on the features you use. If we determine your bandwidth usage to be significantly excessive in relation to other users of similar features, we reserve the right to suspend your Account, throttle your file hosting, or otherwise limit your activity until you can reduce your bandwidth consumption. We also reserve the right—after providing advance notice—to delete domains that we determine to be placing undue strain on our infrastructure.
While we understand that you may want to promote your Content by posting supporters' names or logos in your Account, the primary focus of the Content posted in or through your Account to the Service should not be advertising or promotional marketing. This includes Content posted anywhere on LiquidatyHub. You may include static images, links, and promotional text in the README documents or project description sections associated with your Account, but they must be related to the project you are hosting on LiquidatyHub. You may not advertise in other Users' Accounts, such as by posting monetized or excessive bulk content in issues.
You may not promote or distribute content or activity that is illegal or otherwise prohibited by our Terms of Service or Acceptable Use Policy, including excessive automated bulk activity (for example, spamming), get-rich-quick schemes, and misrepresentation or deception related to your promotion.
If you decide to post any promotional materials in your Account, you are solely responsible for complying with all applicable laws and regulations, including without limitation the U.S. Federal Trade Commission’s Guidelines on Endorsements and Testimonials. We reserve the right to remove any promotional materials or advertisements that, in our sole discretion, violate any LiquidatyHub terms or policies.
LiquidatyHub reserves the right to remove any Content in violation of this policy.
You must not engage in activity that significantly harms other users. We will resolve disputes in favor of protecting users as a whole.
The DMCA provides a safe harbor for service providers that host user-generated content. Since even a single claim of copyright infringement can carry statutory damages of up to $150,000, the possibility of being held liable for user-generated content could be very harmful for service providers. With potential damages multiplied across millions of users, cloud-computing and user-generated content sites like YouTube, Facebook, or GitHub probably never would have existed without the DMCA (or at least not without passing some of that cost downstream to their users).
The DMCA addresses this issue by creating a copyright liability safe harbor for internet service providers hosting allegedly infringing user-generated content. Essentially, so long as a service provider follows the DMCA’s notice-and-takedown rules, it won’t be liable for copyright infringement based on user-generated content. Because of this, it is important for LiquidatyHub to maintain its DMCA safe-harbor status.
The DMCA also prohibits the circumvention of technical measures that effectively control access to works protected by copyright.
The DMCA provides two simple, straightforward procedures that all LiquidatyHub users should know about: (i) a takedown-notice procedure for copyright holders to request that content be removed; and (ii) a counter-notice procedure for users to get content re-enabled when content is taken down by mistake or misidentification.
DMCA takedown notices are used by copyright owners to ask LiquidatyHub to take down content they believe to be infringing. If someone else is using your copyrighted content in an unauthorized manner on LiquidatyHub, you can send us a DMCA takedown notice to request that the infringing content be changed or removed.
On the other hand, counter notices can be used to correct mistakes. Maybe the person sending the takedown notice does not hold the copyright or did not realize that you have a license or made some other mistake in their takedown notice. Since LiquidatyHub usually cannot know if there has been a mistake, the DMCA counter notice allows you to let us know and ask that we put the content back up.
The DMCA notice and takedown process should be used only for complaints about copyright infringement. Notices sent through our DMCA process must identify copyrighted work or works that are allegedly being infringed. The process cannot be used for other complaints, such as complaints about alleged trademark infringement or sensitive data.
The DMCA framework is a bit like passing notes in class. The copyright owner hands LiquidatyHub a complaint about a user. If it’s written correctly, we pass the complaint along to the user. If the user disputes the complaint, they can pass a note back saying so. LiquidatyHub exercises little discretion in the process other than determining whether the notices meet the minimum requirements of the DMCA. It is up to the parties (and their lawyers) to evaluate the merit of their claims, bearing in mind that notices must be made under penalty of perjury.
Here are the basic steps in the process.
Copyright Owner Investigates. A copyright owner should always conduct an initial investigation to confirm both (a) that they own the copyright to an original work and (b) that the content on LiquidatyHub is unauthorized and infringing. This includes confirming that the use is not protected as fair use. A particular use may be fair if it only uses a small amount of copyrighted content, uses that content in a transformative way, uses it for educational purposes, or some combination of the above. Each use case is different and must be considered separately.
Copyright Owner Sends A Notice. After conducting an investigation, a copyright owner prepares and sends a takedown notice to LiquidatyHub. Assuming the takedown notice is sufficiently detailed according to the statutory requirements (as explained in the how-to guide), we will pass the notice along to the affected user.
LiquidatyHub Asks User to Make Changes. If the notice alleges that the entire contents of a domain infringe, we will skip to Step 6 and disable the entire domain. Otherwise, because LiquidatyHub cannot disable access to specific files within a domain, we will contact the user who created the domain and give them approximately 1 business day to delete or modify the content specified in the notice. We’ll notify the copyright owner if and when we give the user a chance to make changes.
User Notifies LiquidatyHub of Changes. If the user chooses to make the specified changes, they must tell us so within the window of approximately 1 business day. If they don’t, we will disable the domain (as described in Step 6). If the user notifies us that they made changes, we will verify that the changes have been made and then notify the copyright owner.
Copyright Owner Revises or Retracts the Notice. If the user makes changes, the copyright owner must review them and renew or revise their takedown notice if the changes are insufficient. LiquidatyHub will not take any further action unless the copyright owner contacts us to either renew the original takedown notice or submit a revised one. If the copyright owner is satisfied with the changes, they may either submit a formal retraction or else do nothing. LiquidatyHub will interpret silence longer than two weeks as an implied retraction of the takedown notice.
LiquidatyHub May Disable Access to the Content. LiquidatyHub will disable a user’s content if: (i) the copyright owner has alleged copyright over the user’s entire domain or package (as noted in Step 3); (ii) the user has not made any changes after being given an opportunity to do so (as noted in Step 4); or (iii) the copyright owner has renewed their takedown notice after the user had a chance to make changes. If the copyright owner chooses instead to revise the notice, we will go back to Step 2 and repeat the process as if the revised notice were a new notice.
User May Send A Counter Notice. We encourage users who have had content disabled to consult with a lawyer about their options. If a user believes that their content was disabled as a result of a mistake or misidentification, they may send us a counter notice. As with the original notice, we will make sure that the counter notice is sufficiently detailed (as explained in the how-to guide). If it is, we will pass the notice back to the copyright owner by sending them the link.
Copyright Owner May File a Legal Action. If a copyright owner wishes to keep the content disabled after receiving a counter notice, they will need to initiate a legal action seeking a court order to restrain the user from engaging in infringing activity relating to the content on LiquidatyHub. In other words, you might get sued. If the copyright owner does not give LiquidatyHub notice within 10-14 days, by sending a copy of a valid legal complaint filed in a court of competent jurisdiction, LiquidatyHub will re-enable the disabled content.
One of the features of LiquidatyHub is the ability for users to “fork” one another’s domains.
LiquidatyHub will not automatically disable forks when disabling a parent domain. This is because forks belong to different users, may have been altered in significant ways, and may be licensed or used in a different way that is protected by the fair-use doctrine. LiquidatyHub does not conduct any independent investigation into forks. We expect copyright owners to conduct that investigation and, if they believe that the forks are also infringing, expressly include forks in their takedown notice.
If at the time that you submitted your notice, you identified all existing forks of that domain as allegedly infringing, we would process a valid claim against all forks in that network at the time we process the notice. We would do this given the likelihood that all newly created forks would contain the same content. In addition, if the reported network that contains the allegedly infringing content is larger than ten (10) domains and thus would be difficult to review in its entirety, we may consider disabling the entire network if you state in your notice that, “Based on the representative number of forks I have reviewed, I believe that all or most of the forks are infringing to the same extent as the parent domain.” Your sworn statement would apply to this statement.
The DMCA prohibits the circumvention of technical measures that effectively control access to works protected by copyright. Given that these types of claims are often highly technical in nature, LiquidatyHub requires claimants to provide detailed information about these claims, and we undertake a more extensive review.
A circumvention claim must include the following details about the technical measures in place and the manner in which the accused project circumvents them. Specifically, the notice to LiquidatyHub must include detailed statements that describe:
- What the technical measures are;
- How they effectively control access to the copyrighted material; and
- How the accused project is designed to circumvent their previously described technological protection measures.
LiquidatyHub will review circumvention claims closely, including by both technical and legal experts. In the technical review, we will seek to validate the details about the manner in which the technical protection measures operate and the way the project allegedly circumvents them. In the legal review, we will seek to ensure that the claims do not extend beyond the boundaries of the DMCA. In cases where we are unable to determine whether a claim is valid, we will err on the side of the developer, and leave the content up. If the claimant wishes to follow up with additional detail, we would start the review process again to evaluate the revised claims.
Where our experts determine that a claim is complete, legal, and technically legitimate, we will contact the domain owner and give them a chance to respond to the claim or make changes to the repo to avoid a takedown. If they do not respond, we will attempt to contact the domain owner again before taking any further steps. In other words, we will not disable a domain based on a claim of circumvention technology without attempting to contact a domain owner to give them a chance to respond or make changes first. If we are unable to resolve the issue by reaching out to the domain owner first, we will always be happy to consider a response from the domain owner even after the content has been disabled if they would like an opportunity to dispute the claim, present us with additional facts, or make changes to have the content restored. When we need to disable content, we will ensure that domain owners can export their issues and pull requests and other domain data that do not contain the alleged circumvention content to the extent legally possible.
Please note, our review process for circumvention technology does not apply to content that would otherwise violate our Acceptable Use Policy restrictions against sharing unauthorized product licensing keys, software for generating unauthorized product licensing keys, or software for bypassing checks for product licensing keys. Although these types of claims may also violate the DMCA provisions on circumvention technology, these are typically straightforward and do not warrant additional technical and legal review. Nonetheless, where a claim is not straightforward, for example in the case of jailbreaks, the circumvention technology claim review process would apply.
We recognize that there are many valid reasons that you may not be able to make changes within the window of approximately 1 business day we provide before your domain gets disabled. If you respond to let us know that you would have liked to make the changes, but somehow missed the first opportunity, we will re-enable the domain one additional time for approximately 1 business day to allow you to make the changes. Again, you must notify us that you have made the changes in order to keep the domain enabled after that window of approximately 1 business day, as noted above. Please note that we will only provide this one additional chance.
It is the policy of LiquidatyHub, in appropriate circumstances and in its sole discretion, to disable and terminate the accounts of users who may infringe upon the copyrights or other intellectual property rights of LiquidatyHub or others.
This guide describes the information that LiquidatyHub needs in order to process a DMCA takedown request. If you have more general questions about what the DMCA is or how LiquidatyHub processes DMCA takedown requests, please review our DMCA Takedown Policy.
Due to the type of content LiquidatyHub hosts (mostly domain definitions) and the way that content is managed (with Git), we need complaints to be as specific as possible. These guidelines are designed to make the processing of alleged infringement notices as straightforward as possible. Our form of notice set forth below is consistent with the form suggested by the DMCA statute, which can be found at the U.S. Copyright Office’s official website: https://www.copyright.gov.
As with all legal matters, it is always best to consult with a professional about your specific questions or situation. We strongly encourage you to do so before taking any action that might impact your rights. This content herein isn’t legal advice and shouldn’t be taken as such.
Tell the Truth. The DMCA requires that you swear to the facts in your copyright complaint under penalty of perjury. It is a federal crime to intentionally lie in a sworn declaration. (See U.S. Code, Title 18, Section 1621.) Submitting false information could also result in civil liability — that is, you could get sued for money damages. The DMCA itself provides for damages against any person who knowingly materially misrepresents that material or activity is infringing.
Investigate. Filing a DMCA complaint against such a project is a serious legal allegation that carries real consequences for real people. Because of that, we ask that you conduct a thorough investigation and consult with an attorney before submitting a takedown to make sure that the use isn’t actually permissible.
Ask Nicely First. A great first step before sending us a takedown notice is to try contacting the user directly. They may have listed contact information on their public profile page or in the domain’s README, or you could get in touch by opening an issue or pull request on the domain. This is not strictly required, but it may resolve the issue with the least effort and cost on all sides.
Send In The Correct Request. We can only accept DMCA takedown notices for works that are protected by copyright, and that identify a specific copyrightable work. If you have a complaint about trademark abuse or sensitive data, or defamation or other abusive behavior, please see our code of conduct and/or email firstname.lastname@example.org.
Domain Content Is Different From Other Creative Content. LiquidatyHub is built for collaboration on data domains. This makes identifying a valid copyright infringement more complicated than it might otherwise be for, say, photos, music, or videos.
There are a number of reasons why domain content is different from other creative content. For instance:
- A domain may include bits and pieces of content from many different people, but only one file or even a sub-routine within a file infringes your copyrights.
- Formulas and configurations mix functionality with creative expression, but copyright only protects the expressive elements, not the parts that are functional.
- There are often licenses to consider. Just because a snippet of domain content has a copyright notice does not necessarily mean that it is infringing. It is possible that it is being used in accordance with an open-source license.
- A particular use may be fair-use if it only uses a small amount of copyrighted content, uses that content in a transformative way, uses it for educational purposes, or some combination of the above. Because domain content naturally lends itself to such uses, each use case is different and must be considered separately.
- Domain content may be alleged to infringe in many different ways, requiring detailed explanations and identifications of works.
This list isn’t exhaustive, which is why speaking to a legal professional about your proposed complaint is doubly important when dealing with domain content.
No Bots. You should have a trained professional evaluate the facts of every takedown notice you send. If you are outsourcing your efforts to a third party, make sure you know how they operate, and make sure they are not using automated bots to submit complaints in bulk.
Matters of Copyright Are Hard. It can be very difficult to determine whether or not a particular work is protected by copyright. For example, facts (including data) are generally not copyrightable. Words and short phrases are generally not copyrightable. URLs and domain names are generally not copyrightable. Since you can only use the DMCA process to target content that is protected by copyright, you should speak with a lawyer if you have questions about whether or not your content is protectable.
You May Receive a Counter Notice. Any user affected by your takedown notice may decide to submit a counter notice. If they do, we will re-enable their content within 10-14 days unless you notify us that you have initiated a legal action seeking to restrain the user from engaging in infringing activity relating to the content on LiquidatyHub.
LiquidatyHub Isn’t The Judge. LiquidatyHub exercises little discretion in the process other than determining whether the notices meet the minimum requirements of the DMCA. It is up to the parties (and their lawyers) to evaluate the merit of their claims, bearing in mind that notices must be made under penalty of perjury.
Include the following statement: “I have read and understand LiquidatyHub’s Guide to Submitting a DMCA Notice." We won’t refuse to process an otherwise complete complaint if you don’t include this statement. But we’ll know that you haven’t read these guidelines and may ask you to go back and do so.
Identify the copyrighted work you believe has been infringed. This information is important because it helps the affected user evaluate your claim and give them the ability to compare your work to theirs. The specificity of your identification will depend on the nature of the work you believe has been infringed. If you have published your work, you might be able to just link back to a web page where it lives. If it is proprietary and not published, you might describe it and explain that it is proprietary. If you have registered it with the Copyright Office, you should include the registration number. If you are alleging that the hosted content is a direct, literal copy of your work, you can also just explain that fact.
Identify the material that you allege is infringing the copyrighted work listed in item #2, above. It is important to be as specific as possible in your identification. This identification needs to be reasonably sufficient to permit LiquidatyHub to locate the material. At a minimum, this means that you should include the URL to the material allegedly infringing your copyright. If you allege that less than a whole domain infringes, identify the specific file(s) or line numbers within a file that you allege infringe. If you allege that all of the content at a URL infringes, please be explicit about that as well.
- Please note that LiquidatyHub will not automatically disable forks when disabling a parent domain. If you have investigated and analyzed the forks of a domain and believe that they are also infringing, please explicitly identify each allegedly infringing fork. Please also confirm that you have investigated each individual case and that your sworn statements apply to each identified fork. See here for more info on how we handle forks identified in a complaint
Explain what the affected user would need to do in order to remedy the infringement. Again, specificity is important. When we pass your complaint along to the user, this will tell them what they need to do in order to avoid having the rest of their content disabled. Does the user just need to add a statement of attribution? Do they need to delete certain lines in a particular domain object definition, or entire files? Of course, we understand that in some cases, all of a user’s content may be alleged to infringe and there’s nothing they could do short of deleting it all. If that’s the case, please make that clear as well.
Provide your contact information. Include your email address, name, telephone number and physical address.
Provide contact information, if you know it, for the alleged infringer. Usually this will be satisfied by providing the LiquidatyHub username associated with the allegedly infringing content. But there may be cases where you have additional knowledge about the alleged infringer. If so, please share that information with us.
Include the following statement: “I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, or its agent, or the law. I have taken fair use into consideration."
Also include the following statement: “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."
Include your physical or electronic signature.
The Copyright Act also prohibits the circumvention of technological measures that effectively control access to works protected by copyright. If you believe that content hosted on LiquidatyHub violates this prohibition, please send us a report via email@example.com. A circumvention claim must include the following details about the technical measures in place and the manner in which the accused project circumvents them. Specifically, the notice to LiquidatyHub must include detailed statements that describe:
- What the technical measures are;
- How they effectively control access to the copyrighted material; and
- How the accused project is designed to circumvent their previously described technological protection measures.
Please email your complaint to firstname.lastname@example.org
#Guide to Submitting a DMCA Counter Notice# his guide describes the information that LiquidatyHub needs in order to process a counter notice to a DMCA takedown request. If you have more general questions about what the DMCA is or how LiquidatyHub processes DMCA takedown requests, please review our DMCA Takedown Policy.
If you believe your content on LiquidatyHub was mistakenly disabled by a DMCA takedown request, you have the right to contest the takedown by submitting a counter notice. If you do, we will wait 10-14 days and then re-enable your content unless the copyright owner initiates a legal action against you before then. Our counter-notice form, set forth below, is consistent with the form suggested by the DMCA statute, which can be found at the U.S. Copyright Office’s official website: https://www.copyright.gov.
As with all legal matters, it is always best to consult with a professional about your specific questions or situation. We strongly encourage you to do so before taking any action that might impact your rights. This content herein isn’t legal advice and shouldn’t be taken as such.
Tell the Truth. The DMCA requires that you swear to your counter notice under penalty of perjury. It is a federal crime to intentionally lie in a sworn declaration. (See U.S. Code, Title 18, Section 1621.) Submitting false information could also result in civil liability—that is, you could get sued for money damages.
Investigate. Submitting a DMCA counter notice can have real legal consequences. If the complaining party disagrees that their takedown notice was mistaken, they might decide to file a lawsuit against you to keep the content disabled. You should conduct a thorough investigation into the allegations made in the takedown notice and probably talk to a lawyer before submitting a counter notice.
You Must Have a Good Reason to Submit a Counter Notice. In order to file a counter notice, you must have “a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.” (U.S. Code, Title 17, Section 512(g).) Whether you decide to explain why you believe there was a mistake is up to you and your lawyer, but you do need to identify a mistake before you submit a counter notice.A counter notice might cite mistakes in the takedown notice such as: the complaining party doesn’t have the copyright; I have a license; the content has been released under an open-source license that permits my use; or the complaint doesn’t account for the fact that my use is protected by the fair-use doctrine. Of course, there could be other defects with the takedown notice.
Copyright Laws Are Complicated. Sometimes a takedown notice might allege infringement in a way that seems odd or indirect. Copyright laws are complicated and can lead to some unexpected results. Since there are many nuances to the law and some unsettled questions in these types of cases, it is especially important to get professional advice if the infringement allegations do not seem straightforward.
A Counter Notice Is A Legal Statement. We require you to fill out all fields of a counter notice completely, because a counter notice is a legal statement — not just to us, but to the complaining party. As we mentioned above, if the complaining party wishes to keep the content disabled after receiving a counter notice, they will need to initiate a legal action seeking a court order to restrain you from engaging in infringing activity relating to the content on LiquidatyHub. In other words, you might get sued (and you consent to that in the counter notice).
LiquidatyHub Isn’t The Judge. LiquidatyHub exercises little discretion in this process other than determining whether the notices meet the minimum requirements of the DMCA. It is up to the parties (and their lawyers) to evaluate the merit of their claims, bearing in mind that notices must be made under penalty of perjury.
Additional Resources. If you need additional help, there are many self-help resources online. Lumen has an informative set of guides on copyright and DMCA safe harbor. If you think you have a particularly challenging case, non-profit organizations such as the Electronic Frontier Foundation may be willing to help directly or refer you to a lawyer.
Include the following statement: “I have read and understand LiquidatyHub’s Guide to Submitting a DMCA Counter Notice." We won’t refuse to process an otherwise complete counter notice if you don’t include this statement; however, we will know that you haven’t read these guidelines and may ask you to go back and do so.
Identify the content that was disabled and the location where it appeared. The disabled content should have been identified by URL in the takedown notice. You simply need to copy the URL(s) that you want to challenge.
Provide your contact information. Include your email address, name, telephone number, and physical address.
Include the following statement: “I swear, under penalty of perjury, that I 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." You may also choose to communicate the reasons why you believe there was a mistake or misidentification. If you think of your counter notice as a “note” to the complaining party, this is a chance to explain why they should not take the next step and file a lawsuit in response. This is yet another reason to work with a lawyer when submitting a counter notice.
Include the following statement: “I consent to the jurisdiction of Federal District Court for the judicial district in which my address is located (if in the United States, otherwise the distict in which LiquidatyHub is located), and I will accept service of process from the person who provided the DMCA notification or an agent of such person."
Include your physical or electronic signature.
Please email your counter notice to email@example.com