(Effective Date of Terms: 19 June, 2018)
This document is an electronic contract between ‘Askrypto’ or ‘askrypto.com’ (hereafter referred to as “Askrypto”, “we” or “us”), and you. These Terms of Service (“Agreement”) describe the terms and conditions under which Askrypto provides access to the Askrypto online platform, related services, modules and applications (and collectively with any related documentation, upgrades and updates, the “Service”), either through or on the Askrypto website or for download, install and possible purchase from a third party provider such as the Google Play Store or the Apple App Store, to:
- the individual, enterprise or organization that is registering to use the Service (“Licensee”);
- the individual users who use the Service on behalf of the Licensee (each an “Authorized User”);
- and Visitor (“Unregistered User”).
Each Licensee and Authorized User (together, “Registered User”) and Unregistered User (collectively “you”) should read this Agreement carefully. By indicating acceptance of this Agreement or by otherwise using the Service, you are entering into a legally binding agreement with Askrypto. If you do not agree to these terms and conditions, you must not use the Service.
The Service is a online marketplace and counselling platform for use by individuals or organizations to coordinate, collaborate, review, analyze, discuss and connect amongst themselves and with external parties and individuals over various economic and counselling opportunities of guidance, engagement and employment.
In order to provide services to you, the Service relies on the data that you supply to Askrypto, on other external data sources that you link to the Service, and on data generated by use of the Service by you (collectively, all of this data is referred to in this Agreement as the “User Data”).
In order to use the Service, the Licensee must create an account and register with Askrypto. The Licensee, and the Authorized User entering this Agreement on the Licensee’s behalf, represent and warrant to Askrypto that:
- the person executing this Agreement has the right to enter this Agreement on behalf of the Licensee and to bind the Licensee to this Agreement;
- the Licensee will provide Askrypto with accurate, current and complete registration information about the Licensee; and
- the Licensee’s registration and your use of the Service is not prohibited by law. The Licensee is responsible for its registration and all use of the Service by its Authorized Users and by any person using any user ID or password issued to any Authorized User of the Licensee.
When a Licensee creates an account, the Licensee may invite, depending on the account type, invite a certain number of colleagues and other users within its enterprise to participate in use of the Service by becoming Authorized Users. All Authorized Users will provide Askrypto with accurate and complete registration information. No Authorized Users may share passwords or user IDs with any other person.
3. Proprietary Materials and Ownership
The Service and the Askrypto website are the properties of Askrypto. Without limitation of the foregoing, all the software, algorithms, functionality, text, images, sounds, marks, logos, compilations (meaning the collection, arrangement and assembly of information), content and software used to deliver the Service or otherwise embodied in or displayed through the Service (the “Askrypto Property”), which excludes the User Data, is proprietary to Askrypto or to third parties and is protected by copyright and other intellectual property laws. Except as otherwise expressly permitted by this Agreement, any use, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of the Askrypto Property is prohibited. You acknowledge that the Askrypto Property has been created, compiled, developed and maintained by Askrypto at great expense of time and money such that misappropriation or unauthorized disclosure or use of the Askrypto Property by others for commercial gain would unfairly and irreparably harm Askrypto in a manner for which damages would not be an adequate remedy, and you consent to Askrypto obtaining injunctive relief to restrain any breach or threatened breach of this Agreement. You may be subject to criminal or civil penalties for violation of this paragraph.
The marks Askrypto and the Askrypto logo are registered or unregistered trademarks of Askrypto, and they may not be used in connection with any service or products other than those provided by Askrypto, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Askrypto. The Service may also feature other trademarks, service marks, and logos of Askrypto or third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on the Service, will inure solely to the benefit of their respective owners.
4. License to Use the Service
Askrypto authorizes the Licensee and its Authorized Users to provide and upload User Data to the Service, and to access, view and use the Service and Askrypto Property, to the extent necessary for the Licensee’s internal group email collaboration and management purposes, subject to the payment of any applicable fees. If your applicable payment plan is subject to any limitations with respect to number of Authorized Users, data usage or storage limits, your license rights are limited to use within those specified limitations. Any re-sale, re-distribution, modification, reproduction, republication, transmission, or other exploitation of the Askrypto Property, or any portion of the Askrypto Property, is strictly prohibited without the prior written permission of Askrypto. You may not combine the Service with any other service or product and supply the combined product or service to third parties. You may not rent or lease use of the Service to any third party. You may not remove any copyright, trademark or other proprietary notices that have been placed on the Askrypto Property.
You warrant and agree that your use of the Service will be consistent with this Agreement and will not infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. You will comply with all applicable laws, regulations and ordinances relating to the Service, the Askrypto Property or your use of them, and in using the Service you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Service.
You are responsible for obtaining and maintaining the computer and other equipment you use to access the Service, and for paying for such equipment and any telecommunications charges. We are not liable for any loss or damage you suffer arising from damage to equipment used in connection with use of the Service.
5. Fees and Payment
Licensee must pay any applicable fees. You shall pay all applicable fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. All payment obligations are non-cancelable and all amounts paid are non-refundable, unless covered under the subscription model. If in connection with your intended or ongoing use of the Service, Askrypto requests credit card or other payment information from you, you must provide a valid credit card as a condition to signing up for or your ongoing use of the Service otherwise set forth in any subscription agreement between you and Askrypto.
You hereby represent that you are authorized to provide any credit card you use to sign up for the Service. You acknowledge and agree that any credit card and related billing and payment information that you provide to Askrypto may be shared by Askrypto with third party providers, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Askrypto and servicing your account. Askrypto may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Askrypto shall not be liable for any use or disclosure of such information by such third parties. Askrypto reserves the right to modify its fees and charges and to introduce new charges at any time.
6. User Data
In connection with using the Service, you may upload multimedia content, create notes and engage in communication with external parties or other users, or upload or submit to Askrypto data, documents, and other materials and information in communication with external originators (collectively, “User Data”). The User Data remains your property, and Askrypto does not claim any ownership of the copyright or other proprietary rights in such information and User Data. Notwithstanding the foregoing, you agree that:
- you grant Askrypto a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable license, to copy, edit, modify, publish, distribute, prepare derivative works, and use the User Data for the purpose of delivering the Service to Registered and Unregistered Users;
- all Authorized Users for the applicable Licensee have the right to access your User Data through the Service, subject to any permission limitations you may establish;
- you represent and warrant that you own all proprietary rights in your User Data or, with respect to any User Data you do not own, you have the full authority and right to upload and post the User Data and to grant the licenses granted hereunder, and that your uploading and posting of the User Data, and the exercise by Askrypto and Authorized Users of the license rights granted by you shall not infringe any third party intellectual property rights, nor violate any rights of privacy or publicity, nor be defamatory, libelous, vulgar, profane or obscene, nor violate any law or other right, privilege or interest of any third party;
- if any royalties are payable to any third party for exploitation of User Data posted by you in accordance with the licenses granted by you in this Agreement, you shall be responsible for and pay such royalties
Askrypto does not control User Data. Any opinions, advice, statements, or other content included within User Data are those of the respective authors or distributors, and not Askrypto, and Askrypto is not responsible for the accuracy or reliability of User Data. Askrypto is under no obligation to edit or control User Data that Licensees and Authorized Users post or distribute, and will not be in any way responsible or liable for User Data. Each Licensee is responsible for controlling and monitoring the User Data that its Authorized Users provide to the Service.
7. Confidentiality of User Data
Askrypto shall treat your User Data as information owned by you, and take reasonable precautions to avoid disclosure of sensitive contact information to others. Askrypto will use the User Data provided by the Licensee and its Authorized Users to provide Services to such Licensee. Askrypto may conduct analytics and data aggregation activities across all of its customers using all or subsets of User Data from its customers generally, for the purposes of improving and developing the Service, and this Agreement shall not prohibit such activities. Askrypto will implement reasonable and appropriate measures designed to secure User Data against accidental or unlawful loss, access or disclosure. The foregoing obligations shall not apply to any information that:
- was in the public domain prior to the date of this Agreement or subsequently came into the public domain by other than an unauthorized disclosure;
- was previously known to Askrypto free of any obligation to keep it confidential;
- was rightfully received by Askrypto from a third party whose disclosure would not violate a confidentiality obligation and which disclosure was not in breach of this Agreement;
- was required to be disclosed in a judicial or administrative proceeding;
- was independently developed by Askrypto without breach of this Agreement; or
- was approved for release by the written authorization of Licensee. On termination of this Agreement, Askrypto shall be under no obligation to return User Data to you.
8. Service Restrictions
Licensee and each Authorized User shall comply with all rules and policies for use of the Service that are published by Askrypto from time to time. Without limitation of the foregoing, you shall not:
- Use, upload, post, distribute or transmit, any User Data in violation of, or in connection with any violation of, any local, state, national or international laws;
- Impersonate any person or entity, or forge or manipulate headers to disguise the origin of any User Data;
- Except as otherwise permitted by this Agreement, harvest or otherwise collect information about others, including email addresses, without their consent;
- Engage in any other conduct that interferes with the Service or that restricts or inhibits any other person from using or enjoying any User Data, or the Service, or which, in Askrypto’s sole judgment, exposes Askrypto or any of their officers, directors, employees or agents to any liability or detriment of any type.
You shall not submit, post, upload to, distribute through or otherwise use in connection with the Service any User Data that:
- Is libelous, vulgar, defamatory, threatening, abusive, scandalous, obscene, pornographic or unlawful or that encourages a criminal offense;
- Contains material from other copyrighted works without the written consent of the owner of such copyrighted material, other than reasonable excerpts permitted under the copyright doctrine of fair use;
- Infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party; or
- Contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
Askrypto reserves the right (but is not obligated) to do any or all of the following:
- Investigate any allegation that User Data or Licensee registration information does not conform to the terms and conditions of this Agreement; and
- Remove User Data or Licensee registration information that is abusive, illegal or disruptive, or that otherwise fails to conform to the terms and conditions of this Agreement.
Askrypto has no liability or responsibility to Licensees of the Service or any other person or entity for performance or nonperformance of the aforementioned activities.
Use of the Service is not directed to Licensees under the age of 13. If you are under the age of 13, you are not permitted to register as a Licensee or to send personal information to Askrypto without the supervision of a guardian.
10. Other Content, Third Party Websites and Apps
The Askrypto website may contain links to third-party websites in the form of hyperlinks or social media widgets such as Facebook Like or Twitter Tweet This buttons or offers from such websites. The linked sites and/or widgets are not under our control, and we are not responsible for the contents of any linked site. We provide these as a convenience only, and a link and/or widget does not imply endorsement of, sponsorship of, or affiliation with the linked site by Askrypto. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
You must consider the content and information posted by third parties including other users, on our Services at your own risk. Such content may be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Askrypto generally does not review content posted by users. You agree that we are not responsible for third parties’ (including other users’) content or information shared on our Service, or any actions that may arise out of your reliance on it.
11. Ideas Submitted to Askrypto
Askrypto is pleased to hear from you and welcomes your comments about the Service. In the event that you submit ideas or suggestions for the Service (“Service Comments”), the Service Comments will be deemed, and will remain, the sole property of Askrypto.
None of the Service Comments will be subject to any obligation of confidence on the part of Askrypto, and Askrypto will not be liable for any use or disclosure of any Service Comments. Without limiting the foregoing, Askrypto will be entitled to unrestricted use of the Service Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Service Comments.
12. WARRANTY EXCLUSIONS AND LIMITATIONS OF LIABILITY
IF WP-SCAN PROVIDES THE SERVICE TO YOU AT NO CHARGE, THE SERVICE IS PROVIDED “AS IS”, WITH ALL FAULTS. IF YOU PAY WP-SCAN FEES FOR THE SERVICE, WP-SCAN WARRANTS THAT THE SERVICE WILL SUBSTANTIALLY CONFORM TO THE DESCRIPTIONS FOR THE SERVICE SET FORTH IN WP-SCAN’S USER DOCUMENTATION. WP-SCAN’S SOLE AND EXCLUSIVE LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO BREACH OF THE FOREGOING WARRANTY SHALL BE WP-SCAN’S REASONABLE COMMERCIAL EFFORTS TO REMEDY THE ERROR, OR DAMAGES UP TO THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION. EXCEPT AS EXPRESSLY STATED IN THIS SECTION, WP-SCAN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING:
- ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE;
- THAT THE SERVICE AND WP-SCAN PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AND
- AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE OR THE WP-SCAN PROPERTY.
WP-SCAN MAY PAUSE OR INTERRUPT THE SERVICE AT ANY TIME, AND LICENSEES SHOULD EXPECT PERIODIC DOWNTIME FOR UPDATES TO THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WP-SCAN OR THROUGH THE SERVICE WILL CREATE WARRANTY NOT EXPRESSLY STATED HEREIN. UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM WP-SCAN ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICE OR THE WP-SCAN PROPERTY, EVEN IF WP-SCAN HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
WP-SCAN’S MAXIMUM LIABILITY TO YOU FOR ANY DAMAGES OR LIABILITY ARISING IN CONNECTION WITH THE SERVICE, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE A REFUND OF THE AMOUNTS PAID BY YOU TO WP-SCAN IN THE THREE (3) MONTHS BEFORE THE CLAIM IS MADE.
IF WP-SCAN HAS MADE THE APPLICABLE SERVICE AVAILABLE TO YOU AT NO CHARGE, THE MAXIMUM AGGREGATE LIABILITY OF WP-SCAN FOR ANY AND ALL DAMAGES ARISING FROM THE SERVICE OR THE WP-SCAN PROPERTY SHALL BE THE AMOUNT OF $ 10 USD, WHETHER THE CLAIM AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
13. Disclaimer with Respect to Cloud Services
Without limitation of the disclaimers and limitations of liability set forth in Section 12, you acknowledge and agree as follows:
- Askrypto provides the Service using cloud computing services of a third party cloud provider (the “Service Provider”);
- the price at which Askrypto could afford to offer the Service would vary if Askrypto provided the Service other than using such cloud services; and
- Askrypto shall not be responsible or liable to you for any act, omission or failure of the Service Provider.
- Askrypto is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide. We may change, suspend or end any Service, or change and modify prices as per our discretion, without prior notice.
Licensee shall defend, indemnify and hold harmless Askrypto against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys’ fees arising in connection with Licensee’s use of the Service, provision of User Data, or Licensee’s breach of any provision of this Agreement.
Askrypto reserves the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification hereunder. You will cooperate with Askrypto with respect to such defense and settlement.
16. Copyright Infringement
Askrypto’s policy is to comply with all Intellectual Property Laws and to act expeditiously upon receiving any notice of claimed infringement. If you have any complaints or objections to material posted on the Service you may send a notification to our Legal Division at [email protected].
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
17. Counter Notices
If material that you have posted to the Service has been removed or disabled, you may file a counter notice. To be effective, the counter notice must be a written communication sent to the address listed above that includes the following:
- a physical or electronic signature of the subscriber;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of Court in which the address is located or, if your address is outside of United States, for any court in which Askrypto may be found, and that you will accept service of process from the person who provided notification, or an agent of such person.
18. Applicable Law and Jurisdiction; Compliance
You and Askrypto agree that all matters arising from or relating to the use and operation of the Service will be governed by the Laws of California. The Courts of Law at California shall have exclusive jurisdiction over any disputes arising under this agreement. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Service will be heard and resolved in the courts located in California. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts.
19. Suspension; Modifications and Termination
Askrypto reserves the right to suspend your password and/or access to the Service at any time if it believes you are in breach of this Agreement. Askrypto reserves the right to terminate or modify this Agreement, terminate the Service or modify any features or aspects of the Service, or modify its policies at any time, with or without notice to you. If you use the Service, you shall be bound by the version of the Agreement in effect at the time of your use. You are under an obligation to review the current version of this Agreement and other published Askrypto policies before using the Service. Sections 3, 5, 6, 7, and 11-20, any accrued rights and remedies, and any other provisions that by their nature require survival in order to be effective, shall survive the termination or expiration of this Agreement.
20. Force Majeure
In no event shall Askrypto be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside Askrypto’s reasonable control.
21. Miscellaneous Provisions
No delay or omission by Askrypto in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Askrypto of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, “including” means “including but not limited to” and the term “partner” is used solely to denote another entity with which Askrypto has a sponsorship or similar contractual arrangement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and Askrypto regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. Your registration, this Agreement and your rights and obligations hereunder are not assignable or transferable by you to any third party without the prior written consent of Askrypto. We may assign this Agreement to any purchaser of the Askrypto business. This Agreement may be executed electronically, and your electronic assent or use of the Service shall constitute execution of this Agreement. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.