As Farcaster gains popularity, particularly among digital creators, we believe providing a clear understanding of the user policies that apply to every account on the platform is crucial. Our goal is to foster a positive and safe community for all users, and we hope that by outlining these policies set forth by Merkle Manufactory, we can reach that goal together!
We took the time to research these policies and will explain the "Terms of Service" and the "Developers Privacy Policy" in detail to ensure that you are aware of your rights on this exciting new platform.
Let's get into this!
Merkle Manufactory Inc. was Established in 2021 in Los Angeles, CA, USA.
The last funding round was a private seed round raising $30M, ending July 13, 2022.
-Merkle Manufactory is a software company contributing to the Farcaster protocol and working on clients. Merkle Manufactory is a credible-neutral protocol in which users have direct relationships with their audiences, and developers have the freedom to build new clients without permission.
Helpful links
Contact
Website
Terms of Service
-Linked to “Community Guidelines” that can't be found online in TOS.
Overview:
Merkle Content Ownership: Merkle does not claim ownership of any User Content, and nothing in the terms restricts your rights to use and exploit your User Content.
It's common practice for online platforms and services to include terms in their user agreements that cover eligibility for use, how users should manage their accounts, and stipulations regarding content ownership. Specifically, platforms often retain certain rights to user-generated content, allowing them to use, display, and distribute it in connection with their services. This helps them maintain, improve, and promote their platforms, ensuring a cohesive user experience and the ability to provide social sharing features, content recommendations, and other integrated services.
Content from Merkle: Merkle allows you to use the stuff they put on Farcaster, like photos or articles, for your own personal, non-business reasons. You can look at it, save it, or print it, but only if it's for things you're doing that are not about making money or sharing it with others beyond your use.
Again, It's common for social platforms to have rules about business promotions to maintain user experience and content integrity. Contact them to understand what's allowed. (Top of article)
Copyright: If you see something on Farcaster that you think is copying your work without permission, you can tell Merkle to take it down under the DMCA law. You need to give them specific details like the work, where it's found, and your contact info, swearing it's all true. If your stuff gets taken down by mistake and you think it shouldn't have been, you can also explain your side to try to get it back up. If someone keeps breaking these rules, Merkle might stop letting them use Farcaster.
Merkle Disclaimer:
Merkle says they're giving you Farcaster "as is", without any promises that it'll work perfectly or do exactly what you want. They're not guaranteeing it'll be error-free, always available, or safe from viruses.
Basically, they're not taking responsibility if things don't go as you hoped while using Farcaster.
Indemnity: If you cause any problems or break the rules on Farcaster, and Merkle gets sued or has to pay money because of what you did, you'll need to cover those costs for Merkle. This includes any legal fees or settlements. Also, Merkle can take over the defense in such cases, and you'd have to help them out. If you're in California, you're giving up a specific legal right that usually lets you not worry about unknown claims when settling a dispute.
Limitation of Liability: Merkle and others involved in Farcaster won't be responsible for any unexpected or major damages, lost money, data, or opportunities due to using or not being able to use Farcaster, even if their solution doesn't work out. There's a cap on how much they might have to pay, up to $100, for any legal proceedings or otherwise. Some places might not allow these limits, so it could be different for you. In New Jersey, these rules are only as strict as state law allows.
Legal Jurisdiction:
The rules for Farcaster are based on California law, and any legal issues not settled by arbitration will be dealt with in courts in Northern California.
Dispute Resolution by Binding Arbitration: This section means if you and Farcaster have a disagreement, it'll be settled by arbitration, which is similar to a private court, instead of going to regular court. You can't join in a lawsuit with other people (class action lawsuit). It's between you and Farcaster. If there's a small issue, you can take it to a small claims court. The arbitration will follow specific rules, and both you and Farcaster can argue your sides. The costs of arbitration might be covered depending on the situation, and whatever the arbitrator decides is final and confidential.
Requirements to be on the platform: 18+ or the legal age in your country, you can form binding contracts with Merkle.
Merkle Manufactory's privacy policy explains how they handle personal info when you use their Farcaster app or engage with them. They collect info you give, like email addresses and photos, and also some data automatically, like your device details and how you use the app. They use this info to manage services, support you, and for marketing, among other things. They'll share your info only with your consent, for legal reasons, or to provide services. They take steps to keep your info safe and don't knowingly collect info from kids under 18. You have rights over your data, including updating or deleting it, and they'll inform you of policy updates.
The Terms of Service for Farcaster include important points such as adhering to Community Guidelines, which prohibit abuse, harassment, hate speech, illegal content, and impersonation. Users must agree to arbitration for disputes, meaning court trials and class actions are not options. The terms also cover service changes, user responsibilities for accessing services, eligibility criteria, account management, and the rights to modify or terminate services. Users are also responsible for their content and must comply with copyright laws. For a complete understanding, please review the full terms directly on their website.
Overall, Farcaster seems to be just getting started attracting new creators into its vibrant ecosystem. They have done as we see most large companies do, which is, take the stance of "cover your own ass" in their Terms of Service and Privacy Policy.
I am very interested to see how this community and platform unfolds over the next few months. Considering Facebook experienced its first-ever decline in daily active users in February 2022, marking a significant moment in the platform's history. This decline was reported after nearly 18 years of consistent user growth.
The need for a user-oriented platform is obvious here, but will Farcaster be the one to fill the void?
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