PLEASE READ THESE 1000x MEMBER TERMS OF SERVICE (THESE “TERMS”) CAREFULLY. If you disagree with any part of these Terms, please refrain from using our Service (as defined below). We may update these Terms from time to time, and may condition your continued use of our Service on your agreeing to those revised terms.
The terms “Decrypt”, “1000x”, “Degen Alley”, “us”, “our” or “we” refer to Decrypt Media Inc., a Delaware corporation, and the owner of a web2 subscription-based service where Members (as defined below) receive access to exclusive content, features and benefits (the “Service”). The term “you” refers to you in your capacity as a Member (as defined below) of our Service.
By clicking on buttons or boxes labeled “I AGREE …”, “I CONSENT …”, “DOWNLOAD”, “I ACCEPT …” or similar buttons, boxes or links as may be designated by Decrypt, you agree to be bound by electronic signatures and are submitting a legally binding electronic signature that will create a legally binding contract between you and us.
As used herein, the following terms shall mean:
“Affiliate Partners” means any third parties which enter into agreements with Decrypt for the purpose of providing benefits to Members.
“Content” means web pages, text, images, photos, audio, video, location data, and all other forms of data or communication.
“Decrypt Content” means Content that we create and make available in connection with the Service and Site.
“Member” means a person that subscribes to our Service.
“Member Content” means Content that Member submit or transmit to, through, or in connection with the Service.
“Third Party Content” means Content that originates from parties other than Decrypt or Members, which is made available in connection with the Service.
“Your Content” means Content that you submit or transmit to, through, or in connection with the Service, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile.
2. Using the Service; General Terms
2.1 Eligibility. To access or use the Service, you must be 18 years or older and have the power and authority to enter into these Terms.
2.2 Permission to Use the Service. We grant you permission to connect to and use the Service, subject to these Terms.
2.3 Service Availability. The Service and the Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
1.2 Code of Conduct. As a Member, you will have access to affiliated forums, such as our Discord community. Your conduct shall at all times comply with our Code of Conduct, which can be found at https://decrypt.co/code-of-conduct. Our Code of Conduct is a part of these Terms and incorporated herein by reference. Our Code of Conduct may be amended from time to time at our sole discretion. Our Service does not currently permit Members to generate and publicly post Content on the Site. If we offer such functionality in the future, the Code of Conduct will apply to your conduct on the Site and affiliated forums.
2.4 Payment Processors. As of the Effective Date, we do not directly collect payments from our customers. Charges for purchases from us are conducted and processed by Unlock, Inc. (“Unlock Protocol”) and are subject to its additional terms and conditions found at https://unlock-protocol.com/terms. We are not responsible for any losses incurred as a result of Unlock Protocol’s actions or omissions.
2.5 Responsibility for Your User Account. You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Service. You are responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
2.6 Using Your Account. In creating an account, we ask that you provide complete and accurate information. You may not impersonate someone else (e.g., adopt the identity of a celebrity or a friend), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information, use the same account information on other sites, or allow other sites to share information about you with Decrypt.
2.7 Your Information Is Accurate. You represent and warrant to us that any information you provide to Decrypt, including any contact information, is accurate and that you will keep it accurate and up to date. If you do not wish to input certain information due to personal concerns, then please omit this information when you register for and use the Service.
2.8 Communications from Decrypt. By creating an account, you agree to receive communications we send in connection with the Service. For example, you may receive occasional updates about special promotions and events. Such communications may be sent in-app or by email, text message, social media or other means. So long as you have an account on either App, we reserve the right to communicate with you for any lawful purpose, including important administrative issues relating to your account (including technical, security-related, privacy and functional issues).
2.9 Mobile Phone Use. You are responsible for all fees charged by third parties to access and use the Site (e.g., charges by telephone service providers (“Carrier”), etc.). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any Carrier service plan you use (such as data, SMS, MMS, roaming, and other applicable fees charged by the Carrier) in connection with your use of the Site, including messages received by you in connection with our two-factor authentication procedures. Accordingly, you should use care in selecting a service plan offered by your Carrier.
3. Intellectual Property Rights
3.1 Your Content. You retain all of your ownership rights in Your Content. However, we may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms and any other media channel now known or hereafter discovered or developed (“Other Media”); which use may occur while you are a user or anytime thereafter. Your Content may be made public without any additional notice to or consent by you and you should assume that any person may read Your Content. Even if Your Content is removed from the Service, Decrypt may retain Your Content in backups indefinitely and Your Content may be cached in search engine indices after removal, which Decrypt has no control over such caching. By submitting Your Content to Decrypt, you hereby grant Decrypt a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any Other Media. You also hereby grant each user of the Service a non-exclusive license to access Your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms. You irrevocably waive, and cause to be waived, against Decrypt and users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, prepare derivative works and otherwise exploit Your Content.
3.2 Decrypt Content. As between you and us, we own the Decrypt Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of Member Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Service excluding Your Content, Member Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Decrypt Content and the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, alter, copy, duplicate, reproduce, distribute, publish, create derivative works or adaptations of, publicly display or in any way exploit any of the Decrypt Content or the Third Party Content in whole or in part except as expressly authorized by us.
3.3 Trademarks. “Decrypt”, and all other names, phrases, logos, and icons identifying Decrypt and its programs, products, and services, including any logos, page headers, icons, designs, or trade dress and whether not appearing in large print or with an accompanying symbol, are proprietary trademarks of Decrypt and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. Other product and company names mentioned on the Site may be the trademarks and/or service marks of their respective owners. Any use of such marks without the express written permission of Decrypt is strictly prohibited, and nothing stated or implied on the Site confers on you any license or right under any trademark of Decrypt or any third party.
4. Billing and Payment
4.1 Pricing. All prices are shown in U.S. dollars (except where otherwise noted); taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
4.2 Taxation. You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the Service (including, without limitation, any Taxes that may become payable as the result of your financial transactions on the Service.
4.3 Errors. We attempt to be as accurate as possible and eliminate errors on the Service; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Service, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
4.4 Payment. Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Service) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding your account, you agree to keep all payment cards or other payment method information current and that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.
4.5 Rebate. Decrypt may, from time to time and in Decrypt’s sole discretion, offer direct or indirect rebates, discounts, sweepstakes or contests to Members or otherwise return revenues earned from Decrypt’s relationships with Affiliate Partners to Members. You acknowledge and agree that you are not entitled to receive any particular benefits and that any offer by Decrypt regarding such rebates, discounts, sweepstakes or contests may be increased, decreased or terminated by Decrypt at any time in its sole discretion.
5.1 Prohibited Activities. You agree not to, and will not assist, encourage, or enable others to:
(a) Violate these Terms;
(b) Reverse engineer any portion of the Site or Service;
(c) Attempt to gain unauthorized access to the Site or Service, user accounts, computer systems or networks connected to the Site or Service through hacking, password mining or any other means;
(d) Use any device, software or routine that interferes with the proper working of the Site or Service, or otherwise attempt to interfere with the proper working of the Site or Service;
(e) Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service, the Site or Decrypt Content; or
(f) Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Decrypt Content, or features that enforce limitations on the use of the Service.
5.2 Termination of Use. If you violate this Agreement, Decrypt may block your wallet or IP address from connecting to the Service.
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Decrypt and its users any claims and assertions of any moral rights contained in such Feedback.
7. Linked Sites
The Service may include links or access to other websites or services (“Linked Sites”) solely as a convenience to users. Decrypt does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Decrypt makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT YOU WILL NOT HOLD DECRYPT LIABLE WITH RESPECT TO LINKED SITES, AFFILIATE LINKS OR ANY CLAIM CODES CREATED BY AFFILIATE PARTNERS THAT DECRYPT MAKES AVAILABLE IN CONNECTION WITH THE SERVICE AND YOUR ONLY RECOURSE WILL BE AGAINST THOSE AFFILIATE PARTNERS.
8. Warranty Disclaimer
8.1 NO WARRANTY IN SITE. THE SERVICE AND SITE ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. AS SUCH, YOUR USE OF THE SERVICE AND SITE IS AT YOUR OWN DISCRETION AND RISK. DECRYPT MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SERVICE, THE SITE, THEIR SAFETY OR SECURITY, OR THE DECRYPT CONTENT. ACCORDINGLY, DECRYPT IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICE’S OR SITE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES.
8.2 DISCLAIMER OF WARRANTIES. DECRYPT DOES NOT WARRANT ANY ASPECT OF ANY SITE OR ACTIVITY OFFERED BY AFFILIATE PARTNERS. DECRYPT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF DECRYPT SHALL CREATE A REPRESENTATION OR WARRANTY. WITHOUT LIMITING THE FOREGOING, DECRYPT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SERVICE OR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE AND SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR EQUIPMENT OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SERVICE AND SITE.
9. Limitation of Liability
9.1 DISCLAIMER. DECRYPT DISCLAIMS ANY LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA, IN EACH CASE, EVEN IF DECRYPT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, DECRYPT DISCLAIMS ALL LIABILITY FOR ANY BODILY INJURY OR DEATH OF ANY PERSON.
9.2 No Liability. Neither Decrypt nor any of its officers, directors, employees, partners, agents, affiliates or licensors shall be liable to you or any other person for any damages whatsoever, including any direct, indirect, incidental, special or consequential damages arising out of or relating to your use of our Service, Site or Content. If applicable law does not permit exclusion of all damages, then your direct damages arising out of or relating to your use of our Service, Site or Content shall be limited to the maximum extent permitted by law or $100, whichever is less.
9.3 Enforceability. If any of the foregoing limits are not enforceable under applicable law, then they shall be construed to provide such limits to the fullest extent permitted by applicable law.
You agree to indemnify us and our officers, directors, employees, partners, agents, affiliates and licensors from all liabilities, lawsuits, claims, and expenses, including attorneys’ fees (“Claims”) arising from or relating to (a) your breach of these Terms, (b) your use or misuse of our Service, Site, Decrypt Content or our Discord community, or (c) Claims brought by our Affiliate Partners as a result of your actions or omissions in connection with Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification, in which event you will cooperate with us in asserting any available defenses.
11. Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any material residing on or linked to from the Site infringes your copyright, please send (or have your agent send) to Company’s Copyright Agent (as defined below) a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, the copyright owner’s agent or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on such owner’s behalf; and (f) your physical or electronic signature. Company’s Copyright Agent for notification of claimed infringement can be reached as follows:
Decrypt Media Inc.
2020 Carey Ave
Cheyenne, WY 82001
Company’s Copyright Agent for notification of claimed infringement can also be reached electronically at firstname.lastname@example.org Company reserves the right to terminate infringers’ and suspected infringers’ accounts or their access to or use of the Site.
1.3 Waiver of Jury Trial. Each party acknowledges and agrees that any controversy which may arise under this Agreement is likely to involve complicated and difficult issues and, therefore, each such party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement or the transactions contemplated hereby.
12.1 Class Action Waiver. You agree to waive, with respect to any dispute with Decrypt: (a) the right to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member; and (b) the right to join or consolidate claims with claims of any other person. The parties agree that no arbitrator shall have authority to conduct any arbitration in violation of this class action waiver or to issue any relief that applies to any other person or entity other than the parties.
12.2 Governing Law. You agree that these Terms or any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between you and Decrypt arising from or relating to these Terms, their interpretation or breach, termination or validity, the relationships which result from these Terms, the Service or the Site, shall, to the maximum extent permitted by applicable law, be governed by the laws of the State of California without regard to its conflicts of laws rules. The courts of the San Francisco County in the State of California shall have exclusive jurisdiction over any Claim.
12.3 Limitations of Actions. Any Claim must be brought within one year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one-year period, such Claim shall be forever barred.
13. 1 Modification of Terms. These terms may be modified by Decrypt from time to time in its sole discretion, and, if you have a registered account, you will be notified of any material modifications upon your subsequent login to the Service.
13.2 Entire Agreement. The Terms contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
13.3 Waiver. Any failure on Decrypt’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
13.4 Severability of Terms. If any provision of these Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
13.5 Assignment. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Decrypt’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
13.6 Headings. The section titles in the Terms are for convenience only and have no legal or contractual effect.
13.7 Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us using the information we’ve provided below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445–1254 or (800) 952–5210.
13.8 Notices. Notices from us to you may be given to you at the time you connect to the Service. Notices to us may be made via email to email@example.com and will be deemed given 24 hours after it is properly sent and received by our mail servers. Notices to us may also be sent to us by an internationally recognized courier service, with a signature required, and shall be deemed to be received 24 hours after it is received at this address:
Decrypt Media Inc.
2020 Carey Ave
Cheyenne, WY 82001
Effective Date; Last Update. These Terms are effective as of, and were last modified on, September 26, 2023 (the “Effective Date”).