Terms of Service

Effective Date: October 26, 2023

Welcome to calmwater.xyz. These Terms of Service ("Terms") govern your access to and use of the calmwater.xyz website and any related services, content, and applications (collectively, the "Service") provided by calmwater.xyz ("we," "us," "our," or "the Company").

Please read these Terms carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, you are not authorized to use the Service.

1. Acceptance of Terms

By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and calmwater.xyz. We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.

2. Use of Service

The Service provided by calmwater.xyz is intended for your personal, non-commercial use, subject to your compliance with these Terms.

2.1 Eligibility

You must be at least 13 years of age to use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into this agreement.

2.2 Account Registration

Access to certain features of the Service may require you to create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information to keep it accurate.
• Maintain the security of your password and accept all risks of unauthorized access.
• Notify us immediately at [email protected] if you discover or suspect any security breaches related to the Service or your account.
• You are solely responsible for all activities that occur under your account.

2.3 Service Modifications and Availability

We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

3. User Responsibilities and Prohibited Conduct

You are solely responsible for your conduct and any data, text, information, or other materials that you submit, post, or display on or via the Service.

3.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms.

3.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Violating any applicable local, state, national, or international law or regulation.
• Using the Service to exploit, harm, or attempt to exploit or harm minors in any way.
• Transmitting any material that is abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
• Interfering with or disrupting the integrity or performance of the Service or the data contained therein.
• Attempting to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service.
• Using any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission.
• Reverse engineering, decompiling, or disassembling any portion of the Service.
• Uploading or transmitting viruses, worms, or any other malicious code.

4. Intellectual Property Rights

4.1 Our Content

The Service and its original content, features, functionality, design, logos, trademarks, and service marks are owned by calmwater.xyz and its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not copy, modify, create derivative works of, publicly display, republish, or exploit any part of the Service without our express prior written consent.

4.2 Your Content

By submitting, posting, or displaying content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content solely for the purpose of providing and improving the Service. You represent and warrant that you own or have the necessary rights to grant this license for any content you submit.

4.3 Copyright Complaints (DMCA)

We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our designated agent at [email protected] with information complying with the Digital Millennium Copyright Act ("DMCA").

5. Limitation of Liability and Disclaimers

5.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CALMWATER.XYZ, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS,