MyInkCrypt.com
End User License Agreement
(Terms of Use)
Please Print and Retain for your file.
1.
Acceptance of Terms
The following Terms of Service (this "Agreement")
sets forth the terms and conditions governing your use of the MyInkCrypt.com–
referred to as “INKcrypt" – Service which is offered for your personal
and/or business information and use. Your submission of information and your
access and use of INKcrypt is subject to this Agreement. This Agreement is
between you and the owner or authorized licensor of INKcrypt
("INKcrypt-Authority" or INKcrypt) and the INKcrypt-Authority may
rely on and enforce this Agreement. Please read it carefully. By submitting
information to INKcrypt and/or accessing and browsing INKcrypt you accept and
agree to abide by, without limitation or qualification, this Agreement. If you
do not agree to be bound by this Agreement you may not use INKcrypt or access
this web site.
2.
Overview of Service
INKcrypt provides a fully automated online data validation
and verification service based on a stand-alone computer platform running
executable software 24/7. The service does not engage human operators other
than required to provide basic operating conditions and internet connectivity
needs as provided through a data center. INKcrypt is available to the public worldwide
to facilitate validation and confirmation of data provided by users. INKcrypt
provides authentication and item identity verification by utilizing temporary
security codes delivered via SMS text message to the user’s mobile phone and/or
by analyzing user entered authentication information utilizing INKcrypt
database records and proprietary authentication computations. INKcrypt utilizes
state of the art technology and methods to retain and keep any records the
member creates while using INKcrypt protected from data breach and unauthorized
access.
3.
License and Site Access
INKcrypt grants you a limited license to access and make
personal use of the INKcrypt services, the INKcrypt web sites, and all
associated software. You may not download (other than page caching) or modify
any of the INKcrypt web pages, any software owned by or licensed to INKcrypt or
any of its affiliates, or any portion thereof, except with the express written
consent of INKcrypt. This license does not include any right of resale or
commercial use of INKcrypt, or any associated software; any collection and use
of any product or service listings, descriptions, or prices; any derivative use
of the INKcrypt web sites, or associated software; or any use of data mining,
robots, or similar data gathering and extraction tools. You may not reproduce,
duplicate, copy, sell, resell or otherwise exploit INKcrypt, the INKcrypt web
site, any associated software, and/or any portion thereof for any commercial
purpose, without the express written consent of INKcrypt. You may not frame or
utilize framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout or form) of INKcrypt and its
affiliates without the express written consent of INKcrypt. You may not use any
meta-tags or any other "hidden text" utilizing INKcrypt's
name or trademarks without the express written consent of the INKcrypt-Authority.
Any unauthorized use terminates the permission or license granted by the
INKcrypt-Authority. You may not use any INKcrypt logo or other proprietary
graphic or trademark as part of the link without express written permission
from the INKcrypt-Authority. You agree to use INKcrypt only for bona fide and
lawful purposes. You may not use INKcrypt to conduct gambling or other illegal
activities. Subject to the enforcement limitations imposed by an in general
unrestricted internet access and use of the INKcrypt website, INKcrypt has the
right to use its best efforts to block your INKcrypt use in its sole and
absolute discretion, if the INKcrypt-Authority believes that you are using
INKcrypt for any illegal or improper purposes, and you agree that INKcrypt will
not be held responsible or liable to you or any other person for such attempts
to interfere with your use and refusal to process any data submission.
4.
Eligible Users
In order to use INKcrypt,
You must be an individual person at least 18 years of age and able to form
legally binding contracts under applicable law.
You must have a valid and active e-mail address.
You must be authorized to use and enter the information and data you submit for
processing by INKcrypt.
You must have at least one valid mailing address.
You must have a mobile smartphone and valid credit/debit card and/or bank
account.
5.
Consent to Electronic Communications
General Consent. You understand and agree that this
Agreement will be entered into electronically, and that the following
categories of information ("Communications") may be provided by
electronic means:
this Agreement and any amendments, modifications or
supplements to it, any disclosures, or notices in connection with INKcrypt,
including, without limitation, those required by law, any customer service
communications, including without limitation communications with respect to
claims of error or unauthorized use of INKcrypt, and although INKcrypt reserves
the right to provide Communications in paper format at any time, you agree that
INKcrypt is under no obligation to do so. All Communications in either
electronic or paper format will be considered to be "in writing." You
should print a paper copy of this Agreement and any electronic Communication
that is important to you and retain the copy for your records. If you do not
wish to receive this Agreement or the Communications electronically, you may
not use the INKcrypt service.
How to Withdraw Consent. If you have started using INKcrypt
and you wish to withdraw your consent to have Communications provided in
electronic form, you must stop using INKcrypt. There are no fees associated
with stopping use of INKcrypt.
How to Update Your Records. Your records and user data are
maintained under your sole control using applicable software running on your
computer and NOT the INKcrypt data server.
Delivery of Electronic Communications. Communications are
delivered primarily via email using your valid email account or text message
enabled phone. All electronic Communications will be deemed to have been
received by you no later than five (5) business days after the
INKcrypt-Authority sends it to you by e-mail or posts the Communication on your
test message enabled phone, whether or not you have received the e-mail or
retrieved the Communication. An electronic Communication by e-mail or text
message is considered to be sent at the time when it is directed by INKcrypt's e-mail or text message server to the applicable
e-mail address or phone number. You agree that these are reasonable procedures
for sending and receiving electronic Communications.
Hardware and Software Requirements. In order to access and
retain Communications, you must have:
An Internet browser that supports 128-bit encryption, such
as Netscape Navigator version 4.0 or above or Internet Explorer version 4.0 or
above.
An e-mail account and e-mail software capable of interfacing with INKcrypt
Mail.
A stationary or mobile personal computing device ("Device"),
operating system and telecommunications connections to the Internet capable of
supporting the foregoing.
Sufficient electronic storage capacity on your device's hard drive or other
data storage unit.
A printer that is capable of printing from your device, browser, e-mail
software and any associated installed software application.
6.
Using Inkcrypt Service
INKcrypt, unless operated via a subscribed account, is for
FREE for public use worldwide and does not require a membership account.
Changes to the website and scope of service are in sole discretion of the INKcrypt-Authority.
Customer service related to INKcrypt is provided primarily via computer
generated e-mail messaging or text messages to enabled devices only. Computer
generated Customer service email or text messages addresses frequently asked
questions in order of priority as determined by the INKcrypt-Authority in its
sole discretion. By using INKcrypt you agree and authorize INKcrypt to initiate
Automated Clearing house debits and credits ("ACH") as appropriate
under the circumstances of your usage, including, but not limited to, ACH
transactions associated and approved by you to initiate or to reverse deposit
transactions, check transactions ("Checks"), Credit Cards and other
transactions explicitly agreed to and authorized by you in your sole control
and discretion. Certain clearly defined features of INKcrypt involve Credit
Card, ACH or Check related activities necessary to complete the transactions
you wish to undertake, in accordance with ordinary and necessary processes and
procedures that help ensure reliable and efficient processing of your requests.
7.
Ontime Transmission
INKcrypt has no information about how the information
entered by its users has been acquired and will be used. INKcrypt does not make
any guarantees on on-time transmission of data. INKcrypt uses its best efforts
via commercially reasonable means to transmit all data without delay using
state of the art computing systems.
8.
Limitation of Use
There are no pre-set limitations to any authorized use of
INKcrypt.
9.
Entering and Transmitting Data
You can submit data for validation by entering the required
information into the INKcrypt provided software and browser displayed pages.
You consent to have your name and e-mail address forwarded by INKcrypt to the
INKcrypt registered email address or text message enabled phones associated
with each account holder who has allegedly authorized authentication of items
you wish to verify through INKcrypt. Once you submit data, you cause an e-mail
to be sent to the alleged originator of the item you wish to authenticate
notifying the recipient that you inquire about a INKcrypt tagged item. You
agree that the INKcrypt-Authority will not be responsible or liable in any
manner for any claims you may have, or any claims made against you by any person,
arising out of any dispute you may have with a INKcrypt user. You are solely
responsible for ensuring that the data you are validating or verifying is
correct.
10.
User Account Safeguard and Validation Information
INKcrypt utilizes state of the art network security,
management, backup, recovery, and encryption techniques when necessary to
protect, maintain and secure sensitive data.
Also see paragraph 16.
11.
Requests for Verification
You can use INKcrypt to verify authenticity of inkcrypted items you may have received. You may only
request data for valid and lawful purposes and should have a pre-existing
relationship with each person from whom you request data. You may not use the
feature to transmit any "junk mail," "spam," "chain
letters," or "pyramid schemes", or to conduct any gambling or
other illegal activities. INKcrypt makes no representations or warranties of
any kind regarding any requests for data that are transmitted through INKcrypt.
12.
Your Obligation to Provide Complete and Accurate Information
You represent and warrant that all information you provide
to INKcrypt in connection with INKcrypt, including but not limited to all data
entered in connection with any data delivery and associated transactions, will
be complete and accurate in all respects. IF YOU PROVIDE FALSE INFORMATION,
YOUR INKcrypt USE IS IN BREACH WITH THIS AGREEMENT AND YOU MAY BE SUBJECT TO
CIVIL AND CRIMINAL PENALTIES.
13.
Your Representations Regarding Data
You represent and warrant in connection with each data
submission that (a) the data, including names and e-mail addresses are
accurate, (b) the transaction and purpose is lawful and authorized.
14.
Business Days
Some provisions of this Agreement make reference to
"business days." For purposes of those provisions, INKcrypt "business
days" are Monday through Friday, excluding federal holidays. However,
INKcrypt is available on-line even on days that are not business days.
15.
In Case of Unlawful Activity, Errors or Questions About Your Data Delivery
Write to INKcrypt Customer Service at CONTACT@MyInkCrypt.com as soon as you can, if you think an error in the data
delivery process may have occurred or your validated bank account is subject to
unauthorized use, and the associated INKcrypt account validation status must be
terminated. In your communication:
provide the Customer Service system with your name and email address associated
with INKcrypt describe the unlawful activity, error, and explain as clearly as
you can why you believe it is an unlawful activity or error or why you need
more information to protect privacy and sensitive identity information, in no
event will INKcrypt request a password.
INKcrypt service does require the use of user name and
password. In the event you setup a password to review
personal data stored in your discretion, you agree not to divulge your password
to any unauthorized person(s), and you agree not to use another person's
INKcrypt user name or password without proper authorization. You agree INKcrypt
shall not have any responsibility or liability to you or any other person for
any losses or damages which you or anyone else may suffer if you disclose your
password to any other person, including any losses or damages arising out of
the disclosure of this information by the recipient to another person. INKcrypt
does not collect sensitive personal data such as driver's license number, Social
Security number, Passport ID number, member birth dates or other sensitive
personal data in order to help consumers and businesses maintain their privacy
and security.
17.
Your Liability for Lost of Stolen Passwords
If you believe that your password has been lost, stolen, or
compromised in any way or that someone has initiated or may initiate a data
transmission without your permission immediately contact and warn anyone who
could be contacted fraudulently in your name.
18.
Indemnification
You agree to indemnify and hold INKcrypt, its subsidiaries,
affiliates, directors, officers, shareholders, employees, agents, suppliers,
and subcontractors harmless from any claim or demand, including but not limited
to reasonable attorney's fees, made by any third party arising out of or in
connection with your use of INKcrypt.
19.
Termination
INKcrypt understands that unrestricted user access to
uncontrolled setup of new email accounts by third party internet email
providers limits its ability to enforce termination of its free, no-membership,
email-based service to otherwise anonymous internet users. However, the
INKcrypt-Authority notwithstanding puts you on notice that you are in material
breach with its terms of use and will use its best efforts and without liability
to you, undertake to terminate or suspend your ability to use INKcrypt, if:
you attempt to submit data without proper authorization you use INKcrypt,
directly or indirectly, for any unlawful or improper purpose; you provide
incorrect, false or deceptive information about yourself or any other third
party; you use or attempt to use INKcrypt for tampering, hacking, modifying or
otherwise corrupting the security or functionality of INKcrypt or any other
website; INKcrypt receives conflicting claims and complaints regarding your
INKcrypt use; INKcrypt receives a garnishment, levy or other legal process
associated with your use of INKcrypt you have breached any representation or
warranty, term or condition of this Agreement.
20.
System Malfunctions
INKcrypt is not liable for any loss resulting using the
INKcrypt platform, including without limitation the failure of electronic or
mechanical equipment or communication lines, telephone or other interconnection
problems, computer viruses, "hacking," unauthorized access, theft,
operator error, severe weather, earthquakes, natural disasters, strikes or
other labor problems, wars or government restrictions, or for any information
lost due to malfunction or loss of any e-mail systems.
21.
Copyrights and Trademarks
All of the material on INKcrypt, whether graphical, textual,
audio, video, computer code, or software, or a combination thereof, is
protected by copyrights which are owned by the INKcrypt-Authority, by third
parties who have licensed their material to INKcrypt, or by advertisers with
INKcrypt, and may not be copied, modified, reproduced, republished, posted,
transmitted or distributed in any way without express written permission from
INKcrypt. All contents of the INKcrypt web sites are copyrighted under:
Copyright© 2022 INKcrypt®. All Rights Reserved. The name INKcrypt® and the
names of other INKcrypt products and services referenced herein are registered
trademarks of the INKcrypt-Authority.
22.
Disclaimer of Warranties
YOU EXPRESSLY AGREE AND UNDERSTAND THAT THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INKcrypt
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. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
23.
Liability; Limitations
INKcrypt does not provide fund transfer services and shall
have no liability with respect thereto. YOU EXPRESSLY UNDERSTAND AND AGREE THAT
INKcrypt SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF
INKcrypt HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
24.
Changes to this Agreement
This Agreement may be modified or amended by the
INKcrypt-Authority from time to time without notice, except as may be required
by law. You can return here at any time to review the most current version of
this Agreement. You may terminate your use of INKcrypt at any time if you do
not agree with any modification or amendment. If you use INKcrypt after notice
of an amendment or modification is made available to you, you will be deemed to
have accepted that amendment or modification.
25.
Use of Information and Disclosure to Others
You agree that any information about you, your transactions,
or your accounts that you provide or that the INKcrypt server receives in
connection with INKcrypt will be used and treated in compliance with the
PRIVACY posting on INKcrypt, which describe INKcrypt's
policies regarding disclosure and use of such information.
26.
Fees and Refunds
Use of the INKcrypt website and
membership is FREE of charge or subject to membership fees for services you
explicitly order and agree to pay for. Certain features of INKcrypt require
fees or payments for their associated subscriptions and/or activities. These
fees and payments are non-refundable. In the event an ACH withdrawal or Credit
Card payment is rejected by your bank, there is a $25.00 non-refundable fee
charged for this event. Before entering your payment information at INKcrypt,
please be sure your information is correct to avoid a rejection and associated
$25 fee. Any unpaid rejection fees may result in account suspension, as
determined in the sole discretion of INKcrypt.
As a member of INKcrypt (herein
"You" or "Your"), it is Your sole responsibility to monitor
account activity to avoid unauthorized activity. You are solely responsible for
preventing, detecting, and reporting unauthorized INKcrypt activity associated
with your user account.
INKcrypt's products and services are designed to assist you, to
accomplish item tracking, supply chain monitoring and counterfeit prevention
and detection to avoid loss. However, no INKcrypt product or service can work
effectively to help You achieve these goals unless You manage Your INKcrypt
assets, in Your sole and absolute discretion, with care, accuracy and steady
diligence. INKcrypt does not monitor Your INKcrypt activity and is not
responsible in any way for any activity in Your user account.
By using INKcrypt, You agree to maintain adequate funds in Your bank accounts
and credit/debit card account to cover all transactions and purchases You
undertake that in any way utilize INKcrypt products or services, such as
INKcrypt IDs, Annual Certificates, INK inkcryption
services, INKcryptINK and INKcrypt Qtouch purchases
etc.
When an INKcrypt ID, INKcrypt
Security Code, INKcrypt Item Code, INKcrypt Purchase Pass Code on INKcrypt is
disabled, you may request re-activation. INKcrypt is not a financial
institution and INKcrypt does not maintain any deposits or balances on behalf
of customers. In addition, INKcrypt does not cause the transfer of any funds
between members or non-members.
You agree to indemnify and hold
harmless INKcrypt, its employees, owners, officers, agents and affiliates from
any financial or non-financial claims or liabilities that may arise due to your
use of INKcrypt and associated services.
27.
Credit and Policies
INKcrypt, in his paragraph referred to as “Seller”, accepts
select Credit Cards. Seller uses industry accepted methods to verify card
holder address and card code information. Orders for which this information
cannot be positively verified will be declined by Seller but the authorized
funds may be held by the card issuing bank as per the issuing bank's rules and
regulations. Seller does not accept prepaid credit cards, gift card credit
cards, etc., that do not allow Seller to verify the billing address of the
account holder. If customer still uses such cards unbeknownst to Seller the
amount authorized may be held by the issuing bank. Seller will not be able to
release such authorized funds!
28.
Assignment
You may not assign this Agreement to any other party.
INKcrypt may assign this Agreement, or delegate certain of its rights and
responsibilities under this Agreement to third parties without notice to you.
29.
No Waiver
INKcrypt shall not be deemed to have waived any of its
rights or remedies under this Agreement unless such waiver is in writing and is
signed by the party alleged to have made the waiver. Any delay or failure of
INKcrypt to exercise or enforce any right or remedy in connection with this
Agreement shall not constitute a waiver of such right or remedy or any other
rights or remedies. A waiver on any occasion shall not be construed as a waiver
of any rights or remedies on any other occasion.
30.
General Information
This Agreement and the INKcrypt privacy policy (incorporated
in full by this reference) constitutes the entire agreement between you and the
INKcrypt-Authority regarding the use of INKcrypt and supersedes any prior
agreements between you and INKcrypt to the extent that they might otherwise
apply to INKcrypt. Otherwise, any such other agreements remain in full effect
in accordance with their terms. You may also be subject to additional terms and
conditions that may apply when you use related services or third-party
software. This Agreement and the relationship between you and INKcrypt shall be
governed by international law without regard to its conflict of law provisions.
You agree to submit to the jurisdiction of the courts located within the County
of Hessen, Germany. If any provision of this Agreement is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in
this provision, and the other provisions of this Agreement shall remain in full
force and effect. You agree that any claim or cause of action arising out of or
related to the use of the INKcrypt service, or this Agreement must be filed
within one (1) year after such claim or cause of action arose or it will be
forever barred, notwithstanding any statute or law to the contrary.
31.
Governing Law & Venue
The governing law of this agreement is based on the laws of
the state in which the INKcrypt-Authority is registered.
Rev. 1