Date of Last Revision: September 23, 2014
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE ("Agreement"). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These terms and conditions of use in this Agreement apply exclusively to your access to, and use of, the Website SocialCrypt ("Company"), located at www.socialcrypt.us ("Site") and the information and other services provided therein ("Services"). If you ("User") are using the Site on behalf of any entity, the User represents and warrants that the User is authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify the User and Company for violations of this Agreement.
The Company reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Continued use of this Site by the User following the posting of changes or modifications will constitute the acceptance of such changes or modifications by the User. Therefore, the User should frequently review this Agreement and applicable policies from time-to-time to understand the terms and conditions that apply to the use of the Site. If the User does not agree to the amended terms, the User must stop using the Site.
If the User has any question regarding the use of the Site, the User should refer first to this Agreement and the Features section. All other questions or comments about the Site or its contents should be directed to [email protected].
1. Nature of the Site: Only a Venue
The Site is an Internet forum that facilitates communications between User and other users of the Site (the term "other users of the Site" consists of Users of the Site who, themselves, are also subject to this Agreement as Users) for the purpose of exchanging information. The Site is intended to assist the User in identifying other users of the Site who are interested in sending or obtaining Post Data (as defined herein). The Site acts as an online venue. The Company does not guarantee that the User will obtain any benefit through the Site. The Company cannot ensure that the User will actually complete a transaction. Therefore, by using SocialCrypt site and services, you release the Company from any and all damages that may result from anything and everything. By using this site, you understand the risks involved with trading, selling or buying online such as foreign nationals, minors and false identities, non-performance by either party to the transaction and other problems, which can arise.
The Company takes no position and offers no opinion on when or if a contractual agreement or other relationship is formed between the User and other users of the Site or other parties or when delivery occurs.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement or by the use of the Site.
The Company is not a law firm, investment firm, CPA firm. The Company does not provide legal, financial, or tax advice. The Company offers no legal advice, recommendations, or counseling under any circumstance.
2. User Guidelines
Given the nature of the Site, it is important that the User follow the rules of the Site. Some of these rules are described in this Agreement. The rest are described in bulletins or notices posted at various points in the Site.
The User may not engage in any of the following activities on the Site:
The Company reserves the right to deny access to the Site or terminate or cancel the User's accounts if the User (1) violates these rules or (2) receives complaints from other users of the Site, for any other reason.
The Company may deny access to the Site to or terminate or cancel the User's accounts if the User submits or posts (as defined herein) incomplete or inaccurate information on the Site. This includes failing to provide accurate and complete Registration Data (as defined herein), Post Data (as defined herein), and/or other information.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of denying access to the Site or terminating or canceling User's accounts, in appropriate circumstances and at Company's sole discretion, if the User is deemed to be a repeat infringer. Company may also at its sole discretion deny access to the Site or terminate or cancel the User's accounts if the User infringes any intellectual property rights of the Company or others, whether or not there is any repeat infringement, or when the User violates any other term of this Agreement.
The Company may deny access to the Site or to terminate or cancel the user's accounts if the Company receives notice that the User is contacting other users of the Site for impermissible purposes, either on or off of the Site.
The Company reserves the right to deny access to the Site to or to terminate or cancel the User's accounts if the User has not accessed the Site or the User's account has been inactive for a long time, as determined by the Company.
Any denial of access to the Site or termination or cancelation of the User's accounts will result in the forfeiture of the User's Site Credits (as defined herein) to the Company.
3. User Communications
The Site provides a means for the User and other users of the Site to ask each other questions related to the Post Data (as defined herein). The User may only use this feature to ask genuine non-offensive questions and to provide similar responses.
The User shall in good faith attempt to respond in a timely fashion to all reasonable queries from the Company and other users of the Site about Post Data (as defined herein) that the User posts (as defined herein) to the Site. Queries are prominently displayed on the Site to the User once the user logs into the Site. The Company may also forward queries to the User's outside or private e-mail account(s).
By using the Site, the User consents to receive e-mails from the Company, which may include commercial e-mails. Please note that as long as the User maintains an account, the User may not "opt out" of receiving Service or account-related e-mails from the Company.
4. Posting Information; Confidentiality
The User may post or list ("post," and as an act to "post, "posting," or "posted" etc.) information on the Site about potential cases, sales, clients, etc. or any other information posted to the Site (collectively and individually, "Post Data") that the User would like to share with other users of the Site, so long as (1) the User is authorized to post such Post Data; (2) the User, the Post Data, and the act of posting the information does not violate this Agreement or other law; and (3) the Post Data is of a nature requested by and appropriate for the Site.
5. Fees
Joining the Site and posting exchange offers to the Site is free.
Fees are subject to change without notice. However, the company will notify existing users in advance of any fee changes that would affect their current listings. Credits are considered and issued on an individual basis, depending on circumstances. If you feel you deserve a credit, please notify our Webmaster. The company reserves the right to place third party advertisements on any page within our site.
6. Post Data and Information
The Company cannot monitor, approve, or verify the accuracy or appropriateness of data on the Site; therefore, the Company allows the User and other users of the Site to flag inappropriate data on the Site.
The Company encourages the User and other users of the Site to report problems, offensive content, and policy violations to us.
While the Company encourages open and unrestricted use of the network, the Company will not tolerate offensive conduct. The use of disparaging and defamatory comments does not serve the purpose of the Site and may result in legal liability to the User. The Company reserves the right to deny access to the Site and terminate or cancel the User's accounts if the User posts feedback that is defamatory, hostile, vulgar, or otherwise distasteful or inappropriate.
The Company is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption, or any other reasons.
7. Disclaimer of Information Obtained
The Company provides the User and other users of the Site with a forum that functions as an open market. The Company is not responsible for the content of materials posted on the Site. The opinions and views expressed are those of the User and other users of the Site and do not reflect those of the Company. Post Data or other information submitted by the User and other users of the Site is not verified or reviewed in any way before it appears on the Site. The Company does not warrant the validity or accuracy of any such information. The Company urges the User and other users of the site to please use caution and common sense when using the Site.
The Company does not review the membership, standing, or otherwise of the User or other users of the Site with any regulatory, licensing, or similar authority. The User agrees not to access the Site if it lacks the proper licensures or are suspended and/or disbarred or otherwise restricted or prohibited from providing the goods or services identified in the Data. If such access is brought to the attention of the Company, the Company may report said users conduct to the appropriate licensing agency or other proper authority and may restrict the User's access to the Site and/or cancel or terminate the User's account.
8. Indemnification
The User agrees that the Company is not responsible for any harm that the Site or Services may cause. The User agrees to indemnify, defend, and hold the Company harmless from and against any and all liability and costs incurred in connection with any loss, liability, claim, demand, damage, and expenses arising from or in connection with the contents or use of the Site. The User agrees that this defense and indemnity shall also apply to any breach by the User of this or any related Agreement or the foregoing representations, warranties and covenants. The User further agrees that this defense and indemnity shall include without limitation attorney fees and costs. The User also agrees that this defense and indemnity shall apply to the Company, its affiliates, directors, officers and employees. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User and the user shall not in any event settle any matter without the written consent of the Company.
9. Additional Company Rights
The Company reserves the following rights:
The Company reserves the right to modify or discontinue, temporarily or permanently, the Site with or without notice to the User. The User agrees that Site shall not be liable to the User or any third party for any modification or discontinuance of the Site. The User acknowledges and agrees that any termination of the Site under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that the Company may immediately delete data and files in the User's account and bar any further access to such files or the Site.
The Company owns certain things on this system, including the 'look and feel' of the system, the name of the system, the collective work copyright in sequences of public messages on the system, and the business method. The User cannot reproduce any message thread from the system, either electronically or in print, without the Company's permission and the permission of all participants in the thread. This is not a complete list - other things on the system are also the Company's property. Contact the Company before copying anything from the system with plans of reproducing it or distributing it. The Company retains all rights (including intellectual property rights), title and interest in the SOCIALCRYPT Web site technology, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. We will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer any SOCIALCRYPT source code, or structure or sequence of SOCIALCRYPT technology or delete or alter author attributes or copyright notices. By registering and listing services for sale or barter on SOCIALCRYPT.com, you are agreeing to allow the Company to post such listing information regarding your items or services on other websites which the Company utilizes in promoting its business, including but not limited to Facebook.com, YouTube.com, blogs and any and all other websites that the Company uses or may use in the future.
The User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design, or other material contained in the Site or information presented through the Site is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. The User acknowledges and agrees that the User is permitted to use this material and information only as expressly authorized by the Company or its Sponsors, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization. The User acknowledges and agrees that Company can display the User's images and text throughout the Site.
10. Disclaimer of Warranties and Limitation of Liability
A great danger for the Company, and for all operators of online networks, is that we might be held accountable for the wrongful actions of our users. If one user libels another user, the injured user might blame us, even though the first user was really at fault. If a user uploads a program with a computer virus, and the other users' computers are damaged, we might be blamed even though a user left the virus on our Site. If a user transmits illegal or improper information to another user, we might be blamed even though we did nothing more than unknowingly carry the message from one user to another. Accordingly, we need all users to accept responsibility for their own acts, and to accept that an act by another user that damages them must not be blamed on us, but only on the other user.
Although it is the Company's goal to provide users with a reliable, quality system, we may make mistakes or experience system failure from time to time. Such problems are inevitable in operating any computer based website. We would not be able to make this network available to users if we had to accept blame or financial liability for any usability problems, system failures or errors, or mistakes or damages of any kind. In order to continue offering and improving our service, the Company must deny any warranties on this service and insure that our liability for any problems connected with the use of our system is strictly limited.
These needs are accomplished by the following disclaimers:
Disclaimer of Warranties
THE USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT THE USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE OR NETWORK WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR INFORMATION OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM THE COPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation of Liability
THE USER AGREES THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USER FURTHER AGREES THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
If the Company is found to be liable, the Company's liability to the User or to any third party is limited to the greater of (a) the total fees the User or third party, as the case may be, paid to the Company in the three (3) month period prior to the action giving rise to the liability, and (b) $100.00 U.S.
11. Registration Data; Account Security
In consideration of the User's use of the Site, the User agrees to provide accurate, current and complete information about the User as may be prompted by any registration forms on the Site ("Registration Data"); maintain the security of the User's password and identification; maintain and promptly update the User's Registration Data, and any other information the User provides to the Company, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information the User provides to Company. In addition, the User agrees not to access or use, or attempt to access or use, the Site or any part thereof using the identity or the Registration Data of any person other than themselves. Use of the Site is an express admission that the User is the party identified in the Registration Data.
12. Miscellaneous Terms
This Agreement incorporates by reference the Privacy Policy, and any notice by the Company contained in any of the Site's website pages and constitutes the entire understanding between the User and the Company regarding the User's relationship to the Company. To the extent that any term conflicts with the terms in this Agreement, the terms specifically written in this Agreement shall trump terms that are incorporated by reference to another document or outside source.
Please refer to our Privacy Policy for information on how the Company collects, uses and discloses personally identifiable information from the User.
The User can reach or access the Site from all fifty states, U.S. territories and possessions, and around the world. Each of these places has a different set of laws. Since the Company cannot keep track of all these laws and their requirements, the Agreement and the relationship between the User and the Company shall be governed by the laws of the State of Virginia without regard to its conflict of law provisions.
If the Company fails to exercise or enforce any right or provision of this Agreement or other incorporated agreements, that failure shall not be used to prove or be construed that the Company has waived the right or provision.
Privacy Statement : Every effort will be made to keep your personal information confidential, and the Company will not release this information to any third party unless required to do so by law. However, the Company cannot be held responsible for any fraudulent or misuse of your information by hackers or any other means. Your SOCIALCRYPT username and item numbers will be displayed on your listings and your username will be your SOCIALCRYPT identity. the Company reserves the right to use the information you supply us (which results from successful or unsuccessful transactions) for items including but not limited to advertising, testimonials and examples.
TradeCredits : SOCIALCRYPT is not a bank. Accounts are not FDIC insured. It is understood that non-cash barter currency issued by the Company ("TradeCredits") and/or other funds may be required in order to buy and sell on the site. Notwithstanding the foregoing, the Company may, from time to time, offer special promotions to Users whereby the Company may, at its sole discretion, provide refunds to Users of TradeCredits, up to an amount equivalent to the number of TradeCredits purchased by the User from the Company. Except as otherwise expressly approved by the Company in advance in writing, TradeCredits shall not be transferable, and User shall not transfer, assign, pledge or hypothecate any TradeCredits or interest in its account in any way, directly or indirectly except as required for the bona fide purchase of goods or services through the Service, or as required for a line of credit issued by the Company or another lender expressly authorized by the Company, in each case in accordance with this Agreement and all rules and policies established by the Company and the lender's agreement with the User.
Buyers/Sellers/Traders : If buyer/seller/trader accepts your offer, you will be notified via email and you will be obligated to respond to the transaction within 72 hours. All terms and conditions to the transaction must be agreed upon by both buyer and seller prior to a completed transaction. All transactions within SOCIALCRYPT are at the buyer /seller/trader's discretion and risk; therefore you release the Company from all damages that may be a result from disputes. Further, the buyer/seller/trader realizes by using the Site and services that transactions via the Internet and items bartered may be subject to state and federal taxes, and you agree to abide by all Federal and State tax laws. If you are business bartering for services and/or goods, it is your responsibility to claim your transactions on your taxes according to your government's laws and regulations.
Illegal items may include items that are prohibited by law to own, manufacture, or sell. Infringing items are items that violate another party's copyright or ownership rights of the item. If you list or buy/sell/trade an infringing or illegal item, you are breaking the law. You may be held liable and possibly face criminal charges by local, State, and Federal entities and/or the owner of rights to such items.
In addition, there may be some items that potentially create liability for the Company. Although these items may be legal to sell in your town, state, or country, the Company cannot have them listed on our site. Users are urged to report potentially infringing or illegal items they may see posted on the Site. By working together, we can make SocialCrypt a safe place to buy/sell/trade.
If you have a question about the legality of a particular item, please consult the copyright or patent owners for infringing items, or law enforcement agencies for illegal items before contacting the Company.
Feedback: Because we feel that there are significant pros and cons regarding a feedback system. We do not feel that mere numbers of good transactions can assure any new buyer/seller that the next one will also be satisfactory. SOCIALCRYPT users must use caution in transacting business with other users! Check out a buyer/seller and the item, service or product before moving forward with the transaction. Use the same due diligence you would if buying from a newspaper classified or other media.