Terms and Conditions
TERMS AND CONDITIONS
USER PROFILE TERMS & CONDITIONS
Stadium Merch offers you, among other things, the ability to purchase merchandise and NFTs from athletes. These services are provided on a freemium or pay-per-use basis.
OPENING AN ACCOUNT
In order to become a Stadium Merch customer, you must sign up through our website www.StadiumMerch.com. As part of the process, you will provide Stadium Merch with your information. By agreeing to these terms and conditions, you certify to Stadium Merch that you have the right to provide such information.
You agree to use the Stadium Merch services only for purposes that are lawful in the jurisdictions where you are. Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any applicable local, state, national, or international law. Stadium Merch reserves the right to immediately, and without notice, terminate or discontinue your Account in the event it determines in its sole discretion that you have committed fraud or violated any applicable law or regulation or any term or condition of this Agreement.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND YOU AGREE TO PAY FOR ALL SERVICES CHARGED TO YOUR ACCOUNT. If you believe that your Account is being used in an unauthorized manner, you agree to contact Stadium Merch within one calendar day at firstname.lastname@example.org so that appropriate action can be taken to modify your Account. Please be aware that account information will be sent to the email address that you have provided to Stadium Merch. Stadium Merch is not responsible for the actions of any person that accesses the service through a given email address. Please note that you are responsible for any and all charges to your Account and Stadium Merch cannot be held responsible for fraudulent charges that result from theft or fraudulent use of your credit card or Account.
Stadium Merch’s SERVICES ARE PROVIDED ON A FREEMIUM AND PAY-PER-USE BASIS. Stadium Merch does not issue refunds for billed services. Prices for Stadium Merch may change at any time, and price protection or refunds in the event of a price reduction or promotion will not be offered. If a technical problem arises affecting application usage the sole remedy is a refund of the price paid.
Stadium Merch’s rates for services can be found at www.StadiumMerch.com, on individual athlete’s profile, and are incorporated by reference herein. You are responsible for checking all applicable rates/promotions before purchasing or using any of Stadium Merch’s services. Stadium Merch reserves the right to modify its rates at any time and/or to offer special promotions.
Stadium Merch does not retain sensitive billing information. Instead, you have confidential access to your Account billing information at www.StadiumMerch.com.
You must notify Stadium Merch by e-mail of any disputed charges or incorrect payment amounts. Stadium Merch will attempt to resolve all disputes within thirty (30) days of being notified of a dispute. To the extent Stadium Merch determines, at its sole discretion, that a billing adjustment is warranted, your Account will be credited accordingly. If you fail to notify Stadium Merch of a billing dispute as noted above, you will waive all rights to bring any claim regarding the disputed charges. Notices should be sent to email@example.com.
OWNERSHIP OF ACCOUNT
Stadium Merch recognizes the person who controls the account and information associated as the sole owner of the Account. No other users are permitted to access an account unless they are the owner of the account.
You may cancel Merchandise purchases and Branding services prior to the services being delivered. You will not be entitled to any refund if the request is received after the service has been fulfilled.
Stadium Merch reserves the right, at its sole discretion and for any reason, (a) to terminate this Agreement and your access to its services, upon one (1) day’s electronic notice and/or (b) to refuse to allow you to access your Account. If fraud is suspected, Stadium Merch has the right to put an Account immediately on hold until further investigation takes place.
LIMITATION OF LIABILITY
STADIUM MERCH SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING AND/OR DELIVERING TELEPHONE CALLS. STADIUM MERCH SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF STADIUM MERCH HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. STADIUM MERCH IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF OR YOUR INABILITY TO ACCESS, OR YOUR DIFFICULTY IN ACCESSING, ITS SERVICE THROUGH TOLL OR LOCAL ACCESS NUMBERS. STADIUM MERCH IS NOT LIABLE FOR ANY TOLL CHARGES YOU MAY INCUR IN USING A LOCAL ACCESS NUMBER. STADIUM MERCH SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS AND ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS. STADIUM MERCH ALSO SPECIFICALLY DISCLAIMS ANY LIABILITY OF ANY KIND FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE STADIUM MERCH SERVICES IN ANY COUNTRY.
You agree to indemnify, defend and hold Stadium Merch, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Website, harmless from and against all claims, actions, proceedings, expenses, damages and liabilities, including attorney’s fees, which are the result of, or are in any way related to, your use of the Website or Stadium Merch’s services, or your transactions or communications with third-party vendors initiated via the Website.
CONSENT TO COMMUNICATIONS
By entering into this agreement, you consent to the receipt of electronic mail (“e-mail”), text messages and customer service phone communication from Stadium Merch. Stadium Merch reserves the right to contact you regarding important information relating to your Account, or this agreement.
All corporate names, service marks, logos, trade names, trademarks, websites and domain names of Stadium Merch (collectively “Marks”), including but not limited to “Stadium Merch” are and shall remain the exclusive property of Stadium Merch and nothing in this agreement shall grant you the license to use such Marks without the express written permission of Stadium Merch. Stadium Merch retains ownership and all rights to the Stadium Merch name, logo, software, databases, reports, web site, and information. Stadium Merch reserves the right to restrict the use of its name, system, logo, software, lists, databases, reports, and any information created or obtained by Stadium Merch. However, each individual user has the right to use the Stadium Merch name on his, her or its site to further promote the Stadium Merch service to the Internet community.
INTEGRATION – ENTIRE AGREEMENT
This agreement, together with any written amendments or modifications, constitutes the entire agreement between you and Stadium Merch with respect to the services provided hereunder. It supersedes and replaces all prior or contemporaneous understandings or agreements, written, electronic or oral, between you and Stadium Merch.
The materials contained on this web site are provided for general information and entertainment purposes only and do not constitute any form of advice. Stadium Merch assumes no responsibility for the accuracy of any particular statement and accepts no liability for any loss or damage which may arise from reliance on the information contained on this site. Links to other web sites may at times be provided for your enjoyment, but Stadium Merch accepts no responsibility or liability for access to or the material on any website which is linked from or to this web site. By providing links to other sites, Stadium Merch does not guarantee, approve or endorse the information or products available at those sites, nor does a link indicate any association with or endorsement of the linked site by Stadium Merch.
All communications and notices to be made or given pursuant to this Agreement shall be in the English language.
SELLER PROFILE TERMS & CONDITIONS
PLEASE READ THESE TERMS CAREFULLY. By selling Merchandise and Products within our Platform or otherwise indicating your acceptance of these Terms, you represent and warrant that you have read, understand, and agree to be bound by these Terms. If you do not agree, do not access or use our Platform.
These terms of service (the “Terms”) govern your use as a seller under the Stadium Merch platform offered by Stadium Merch Inc. (“we”, “us”, or “Stadium Merch”), including our website (www.Stadium Merch) and services we provide thereunder (collectively, the “Platform”). “You” and “Seller” refer to you as a seller within the Platform.
1. Registration: In order to participate on our Platform, you must register. By registering, you agree to provide true, accurate, current, and complete information about yourself as prompted by our registration form, as well as any other information reasonably requested by us (collectively, “Registration Data”), and maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you do not do so or we reasonably believe that you have not done so, we have the right to suspend or terminate your Platform account and your use of our Platform. You agree not to create a Platform account using a false identity or providing false information, on behalf of another person. You are responsible for maintaining the confidentiality of your Platform account information, including your username and password. You are responsible for all activities that occur on or in connection with your Platform account and you agree to notify us immediately of any unauthorized access or use of your Platform account. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your Platform account.
2. Age Restrictions: Sellers must be eighteen (18) years old to register. By registering, you represent and warrant that: (A) you are at least eighteen (18) years old; (B) you are of legal age to form a binding contract; (C) you are responsible for complying with all applicable laws and regulations relating to your participation on our Platform and will fully indemnify Stadium Merch for any failure to do so.
3. Organizations: An association, management company, manager, agency, agent, publicist, or other individual or organization (each, an “Organization”) may register a Seller. By registering, the Organization represents and warrants for itself that: (A) Organization is responsible for complying with all applicable laws and regulations relating to a Seller’s participation on our Platform under these Terms and will fully indemnify Stadium Merch for any failure to do so.
FEES AND PAYMENT
1. Fees: Stadium Merch Accounts have the ability to create a Stadium Merch Collection (“Collection”). By creating a Collection, you can individually design and customize apparel, merchandise, and other products which will be set to individual merchandise price points for the sale of such products to others. When operating a Collection, the Stadium Merch Account will be provided with an agreed upon flat fee for each product sold. After your Collection has sold a product, the Account will earn whatever the agreed upon Item Price is for that item.
2. Payment: To receive payment for any product(s) sold via your Collection (“Payout”), you will be required to provide a PayPal account, or you agree to register with the third party payment provider selected by Stadium Merch, which Stadium Merch may change in its sole discretion. Any payments due to you from Stadium Merch will be made via the payment provider. If you do not provide the payment provider with all required information, you may not be able to receive the payments due to you. Stadium Merch will not be responsible for any damages, delays, losses, costs, expenses, or liabilities arising out of or in connection with your inability to receive payments as a result of your failure to provide such information. You acknowledge and agree that Stadium Merch does not operate, own, or control the payment provider; and your use of any payment provider is subject to the terms and privacy policies of that payment provider. You agree that we are not responsible for any delay, failure, damage, or liability caused by a payment provider, any other third party, a force majeure, or your failure to timely or properly set up an account with the payment provider or otherwise provide requested information for payment. We may require that you provide a Form W-9 to us prior to releasing funds. Stadium Merch is not responsible for any misdirected payments based on inaccurate information provided by you. You acknowledge and consent that we may, at any time, for any reason, place a hold on a Stadium Merch Account that restricts Payouts. If you have questions about a hold that we have placed on your payout, please contact us at firstname.lastname@example.org. You are solely and fully responsible for payment of any income taxes applicable to the amount you earn through using Stadium Merch Services. Stadium Merch makes every effort to transmit funds due to each Account who creates a Collection. In cases where the Account fails to submit sufficient account information (e.g. PayPal account details, tax information if applicable, current mailing address, correct email address, etc.), Stadium Merch will make a good faith effort to contact the Account in order to render payment in accordance with Stadium Merch’s processes. If Stadium Merch is unable to contact the Account and retrieve sufficient payment information after a period of six (6) months from the Collection’s end date, we may then deem the funds unpayable and apply such funds to the reimbursement of Stadium Merch’s expenses.
3. Currency: Payments via the payment provider are in U.S. dollars unless the payment provider permits you to choose another currency and you do so.
SELLER INTELLECTUAL PROPERTY
1. License Grant: Our Platform allows you to upload, submit, store, send, transmit, approve, and receive content and data, including your merchandise and promotional materials (collectively, “Intellectual Property”). When you agree to the Terms and use our Platform, or upload, submit, store, send, transmit, approve, or receive Intellectual Property through our Platform, you grant to us a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license in any and all manner and media, whether now known or hereinafter invented or devised (including social media channels and third party websites and platforms), to reproduce, license, distribute, modify, adapt, create, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, new works, or other changes so that the Intellectual Property is better within our Platform or otherwise), and to use your name, brand and Intellectual Property for the purposes of operating and providing our Platform, to develop, improve and sell your products and services, to develop and improve our products and services, and to advertise, market, and promote your Intellectual Property, products, and services. You agree that such Intellectual Property may, in Stadium Merch’s sole discretion, be used, including performed or displayed, in connection with any other elements, materials, copyrights, rights of publicity, or copyrighted materials. Please remember that third parties (including customers) may search for and see any Intellectual Property you submit to public areas of our Platform. You agree that we may display advertising with or in connection with your Intellectual Property. You further acknowledge and agree that Stadium Merch has no obligation to you in connection with any advertising displayed on or in connection with our Platform (including no obligation to share any revenue received by Stadium Merch as a result of any such advertising).
2. Seller Representations and Warranties: You represent and warrant that:
You own all rights in and to your Intellectual Property and that you have the right to grant the rights described in these Terms;
You have paid and will pay in full any fees, royalties, or other payments that are due or may become due in connection with any use of your Intellectual Property by us, customers, or third parties;
Your agreement to, and provision of services under, these Terms does not violate any agreement that you may have with any third party;
Your Intellectual Property does not infringe, misappropriate, or otherwise use without necessary authorization, any intellectual property, privacy, publicity, moral, or other rights of any third party, or violate any law, regulation, or court order; and
You will not provide your contact information to any customer or send merchandise or anything else to a customer other than as permitted by these Terms;
3. Treatment of Intellectual Property: Any Intellectual Property is non-confidential, non-proprietary, and must not contain or include any information which you do not have the right to disclose or that you do not wish to be disclosed. We will not be responsible or liable for any use or disclosure of Intellectual Property, including any personal information included in that Intellectual Property. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, joint-venture, employer/employee, agency, or other type of special relationship, and that your decision to participate in our Platform or submit any Intellectual Property does not place us in a position that is any different from the position held by members of the general public, including with regard to your Intellectual Property. None of your Intellectual Property will be subject to any obligation of confidence by us, customers, or third parties, and we will not be liable or responsible for any use or disclosure of any Intellectual Property.
4. Refusal and Removal of Intellectual Property: We may refuse to accept or transmit Intellectual Property for any reason without notice to you. We may remove Intellectual Property from our Platform for any reason without notice to you.
5. Cancellation of Platform Account:If you cancel your Platform account, you may, on at least three (3) business days’ advance written notice to us, request that we no longer include your Intellectual Property on our Platform and that we not make any new public use of them.
Other than Intellectual Property, we or our licensors own all right, title, and interest in and to: (i) our Platform and the “look and feel” of our Platform, including all software, ideas, processes, data, text, media, and other content available on our Platform (individually, and collectively, “Stadium Merch Content”); and (ii) our trademarks, logos, and brand elements (“Marks”). Our Platform, Stadium Merch Content, and Marks are each protected under Canada, United States and international laws. You may not duplicate, copy, or reuse any portion of Stadium Merch Content or use the Marks without our prior express written consent.
COPYRIGHT AND INTELLECTUAL PROPERTY POLICY
1. Digital Millennium Copyright Act Notice: We will respond to notices of alleged copyright infringement and terminate access to our Platform for repeat infringers. If you believe that your material has been copied in a way that constitutes copyright infringement, please contact us.
2. Termination Policy: If we determine that you are a repeat infringer, we may terminate your access to our Platform, remove or ban you (and any Platform account you created or control), and take other appropriate action in our sole discretion.
BUSINESS RELATIONSHIP WITH STADIUM MERCH
1. You and Stadium Merch agree and declare you are not in a direct business relationship and the relationship between the parties, including these Terms, is solely an independent contractor relationship. It is the parties’ express intent that their relationship be interpreted and held to be that of independent contractor for all purposes. You acknowledge and agree that you are not a joint venturer, franchisee, partner, agent, or employee of Stadium Merch, and will not represent yourself as such. You also retain the option to accept, decline, or ignore any customer request. We have no right to, and will not, control the manner or determine the method of accomplishing your performance. You represent and warrant that you are customarily engaged in an independently established trade, occupation, or business.
2. You represent and warrant that as between Stadium Merch and you, you assume sole liability for and will pay or cause to be paid all applicable contributions, payments, taxes, and deductions for social security, retirement or other benefits, healthcare insurance, unemployment insurance, annuities, pension and welfare fund payments required by law, regulation, or any labor union, and all withholding and income taxes, and make any reports required as a result of participation on our Platform under these Terms.
3. You will use your own equipment to perform your obligations under these Terms.
4. You are solely responsible for making any disclosure required by any applicable law, regulation, court order or any agreement you may have with any third parties to any person or entity regarding your performance under these Terms.
CHANGES TO OUR PLATFORM
You acknowledge and agree we may change or discontinue any aspect of our Platform at any time, without notice to you.
TERMINATION AND RESERVATION OF RIGHTS
You may cancel your Platform account at any time. We reserve the right to terminate access to our Platform to any person, including you, at any time, for any reason, at our sole discretion. If you violate any of these Terms, your permission to use our Platform automatically terminates.
DISCLAIMERS AND LIMITATIONS ON OUR LIABILITY
1. You acknowledge and agree that your use of our Platform is at your own risk and that our Platform is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, Stadium Merch disclaim all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, non-infringement, and arising out of course of dealing or usage of trade.
2. In particular, Stadium Merch makes no representations or warranties about the accuracy or completeness of content available on or through our Platform or the content of any social media platform or third-party websites linked to or integrated with our Platform. You acknowledge and agree that Stadium Merch will have no liability for any:
errors, mistakes, or inaccuracies of content or Intellectual Property;
personal injury, property damage, or other harm resulting from your access to or use of our Platform;
any unauthorized access to or use of our servers, any personal information, or user data;
any interruption of transmission to or from our Platform;
any bugs, viruses, trojan horses, or the like that may be transmitted on or through our Platform; or
any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of any content or the use of any content posted or shared through our Platform.
3. You acknowledge and agree that any material or information downloaded or otherwise obtained through our Platform is done at your own risk and that you will be solely responsible for any damages, losses, costs, expenses, or liabilities arising from or in connection with doing so. No advice or information, whether oral or written, obtained by you from us or through our Platform will create any warranty not expressly made by us.
4. You acknowledge and agree that when using our Platform, you will be exposed to content from a variety of sources, and that Stadium Merch is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of or relating to any such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, objectionable, or harassing, and you agree to waive, and do hereby waive, any legal or equitable rights or remedies you have or may have against any Stadium Merch with respect thereto.
5. To the fullest extent permitted by applicable law, you acknowledge and agree that in no event will Stadium Merch be liable to you or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products, arising out of or in connection with these Terms, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not Stadium Merch has been advised of the possibility of such damages.
6. To the maximum extent permitted by applicable law, our total cumulative liability to you or any third party under these Terms, including from all causes of action and all theories of liability, will be limited to and will not exceed the fees actually received by Stadium Merch from you during the twelve (12) months preceding the claim giving rise to such liability.
7. Certain jurisdictions do not allow the exclusion or limitation of certain damages. If those laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.
8. You agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between Stadium Merch and you.
1. You agree to indemnify, defend, and hold harmless Stadium Merch and its parents, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners, and licensors (each, a “Stadium Merch Party, “ and collectively, “Stadium Merch Parties”) from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys’ fees and costs) of any kind or nature, arising from, out of, in connection with, or relating to:
your use of our Platform;
your negligence, misconduct, or fraud;
any action or inaction by you or anyone acting on your behalf; or
Stadium Merch may select counsel and control the defense of any claim that you are indemnifying. You will reasonably cooperate with us in connection with any claim.
ARBITRATION AGREEMENT AND WAIVER OF CERTAIN RIGHTS
Arbitration: You and Stadium Merch agree to resolve any disputes between you and Stadium Merch through binding and final arbitration instead of through court proceedings. You and Stadium Merch each hereby waive any right to a jury trial of any controversy, claim, counterclaim, or other dispute arising between you and Stadium Merch relating to these Terms or our Platform (each a “Claim,” and collectively, “Claims”). Any Claim will be submitted for binding arbitration in accordance with the Rules of the Canadian Arbitration Association (“CAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision will be in writing, will include the arbitrator’s reasons for the decision, will be final and binding upon the parties, and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including any pleadings, briefs or other documents submitted or exchanged, any testimony or other oral submissions, and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
1. Force Majeure: Under no circumstances will Stadium Merch be liable for any delay or failure in performance due in whole or in part to any acts of God (such as earthquakes, storms, floods, etc.), unavoidable accidents, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, pandemics or any other event or cause beyond the reasonable control of Stadium Merch.
2. Choice of Law and Jurisdiction: These Terms will be governed by and construed in accordance with the laws of the Province of Ontario, and the federal laws of Canada applicable therein, without giving effect to any conflict of laws rules or provisions. You agree that any action of whatever nature arising from or relating to these Terms or our Platform will be filed only in the provincial or federal courts located in Ontario, Canada. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
3. Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed from these Terms and will not affect the enforceability of any other provision.
4. No Waiver or Amendment: The failure by Stadium Merch to enforce any right or provision of these Terms will not prevent Stadium Merch from enforcing such right or provision in the future and will not be deemed to modify these Terms.
5. Assignment: Stadium Merch may, at any time, assign its rights and obligations under these Terms, including to an affiliated entity or in connection with a sale of assets, merger, acquisition, reorganization, bankruptcy, other transaction, or by operation of law.
6. Miscellaneous: The term “including” in these Terms will be interpreted broadly and will mean “including, without limitation.” Titles are for convenience only and will not be considered when interpreting these Terms.
CHANGES TO THESE TERMS
We may change these Terms. If we do, we will post the revised Terms on our Platform. The revised Terms will be effective immediately if you accept them (for example, by agreeing when you create an account or login to an existing account, or using or continuing to use our Platform after the revised Terms have been posted); otherwise, they will be effective ten (10) days after posting.