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Terms of Service |
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SoftSeller.com, a service of Interauction Services, LLC provides the following services including, but not limited to online digital products delivery via downloading and/or product registration key delivery via e-mail, for websites engaging in online sales of digital products via the Internet. Usage of any service on our Internet server is subject to compliance with the terms and conditions set forth below. Under the terms of this agreement, your creation and usage of any order process linking to the SoftSeller server is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you should not proceed to create any SoftSeller account or to use our services in any way. By proceeding to register for a SoftSeller acccount you agree to the terms and conditions below.
1. USER CONDUCT
Your use of SoftSeller.com’s services and the Internet for "e-commerce" is governed by International, Federal, State, and local laws regulating all forms of commerce, and you understand that the SoftSeller.com digital products delivery and registration system may only be used for lawful purposes. Any direct or indirect use of these services which violates any local, state, federal, or international laws which may apply to SoftSeller.com, your local jurisdiction, or any jurisdiction that you, your site, or your sales area may be subject to is strictly prohibited. SoftSeller.com will cooperate fully with any lawfully authorized efforts to investigate or curtail any such activities, without notice to you. While using the SoftSeller.com services you may NOT:
a) Facilitate the sale or distribute knowledge of any information, software, hardware, product, or other material which violates any local, state, federal, or international laws which may apply to SoftSeller.com, your local jurisdiction, the jurisdiction of the consumer purchasing from you, or any jurisdiction that you or your site may be subject to;
b) Sell or facilitate the distribution of any copyrighted product, material, or intellectual property unless you are either the original material creator or the current legal owner of the copyrights, or you have an explicit distribution license or written and signed permission from the legal copyright owner;
c) Gather sensitive payment information from any internet consumer including but not limited to credit card information for any purpose other than the ethical use of such information to obtain payment in exchange for goods and service provided to said consumers;
d) Proceed in conjunction with any promotion or sale of goods by or for the purpose of Unsolicited Commercial E-Mail (UCE) or Spam. This includes the sale of lists of E-mail addresses or software to be used for the purpose of sending UCE or Spam;
e) Share or sell email addresses of your customers or clients.
While using the SoftSeller.com service, you agree to the following minimum standards for Internet "e-commerce":
a) Resolve your customer order fulfillment complaints against you, or any payment disputes, in a reasonable and timely manner such that SoftSeller.com does not receive a significant number of complaints against you;
b) Provide your customers reasonable access to contact information for your business such that they can contact you concerning any aspect of the transaction.
2. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless SoftSeller.com from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the SoftSeller.com service which damages either you, SoftSeller.com, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account.
3. REFUSAL OR DISCONTINUANCE OF SERVICE
SoftSeller.com reserves the right to refuse or discontinue service to anyone at our sole discretion. SoftSeller.com may deny you access to all or part of the service without notice if you engage in any conduct or activities that SoftSeller.com in its sole discretion believes violates any of the terms and conditions in this agreement. SoftSeller.com shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that SoftSeller.com has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself, its subscribers, or consumers of products or services sold via the digital products delivery and registration service. SoftSeller.com reserves the right to refuse to facilitate sales of any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.
4. NO WARRANTIES
SoftSeller.com makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by SoftSeller.com or its agents or employees shall create a warranty. SoftSeller.com provides no warranty that the service will be uninterrupted or error free. Under no circumstances shall SoftSeller.com be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, digital products delivery and registration service, to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with SoftSeller.com services or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
SoftSeller.com will provide you a reasonable amount of technical support to assist you in integration of the service into your online order process (e.g. integration with the PayPal payment processing system). You understand that the level, duration, and hours of availability of the support provided is determined at the sole discretion of SoftSeller.com, and that providing any support does not constitute a warranty of any sort, nor does it warrant that you will successfully complete the integration of the service into your online order process.
5. PRIVACY NOTICE
SoftSeller.com reserves the right to monitor any and all communications through or with our facilities for the restricted purposes of investigating system problems and for insuring compliance with these Terms of Service. SoftSeller.com will make all reasonable efforts to insure that no information collected by the digital products delivery and registration service will be made available to any parties beyond the customer and the merchant, nor will any information concerning any merchant, customer, or order be used by SoftSeller.com or any affiliate for any purpose other than delivering order information to you and informing the customer of that delivery, with the sole exclusion that SoftSeller.com will fully cooperate with any lawful subpoena or legally authorized investigation of illegal activities associated with the use of this service. You agree, however, that SoftSeller.com is not considered a "secure communications medium" and that no expectation of guaranteed privacy is afforded.
6. NO INTERFERENCE WITH OPERATION OF SYSTEM
You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to.
You agree to adhere to system policies as published online by SoftSeller.com, including restrictions on account usage, services available with your account, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at SoftSeller.com. You agree to abide by any and all future SoftSeller.com policy decisions.
7. AVAILABILITY AND BACKUP OF DATA
Your use of the service is at your sole risk. You agree that your payment processing service (e.g. PayPal) is your primary source for order detail information, and that SoftSeller.com will retain order detail information reported by the payment processor strictly as a convenience to you, and for no more than 6 months.
8. TRANSMITTAL OF MATERIALS
You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of SoftSeller.com or any other service with reference to services obtained through SoftSeller.com, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you, SoftSeller.com, or any other party or parties resulting from any such conduct.
9. PAYMENT
You agree to supply appropriate payment through PayPal, in advance, for each order processed. When your prepaid order processes are exhausted, you agree to purchase more or to immediately discontinue using the service. You understand that failure to make such prepaid payments in accordance with the instructions contained in the e-mail notice you will receive, within three days of the receipt of said notice, will result in account suspension. You understand that any orders processed during this three-day grace period will be deducted from the subsequent prepaid order processes. You understand that notices for renewal of the SoftSeller.com service are sent out via email only, and that it is your responsibility to provide SoftSeller with a working email address for our registration database. You understand that your failure to receive these invoices for any reason does not alleviate your responsibility to keep your account current, and that you may renew your account by purchasing more prepaid order processes through our Web page provided for that purpose, even without the renewal notice. If your service should lapse due to exhaustion of prepaid order processes, without renewal within three days, you agree that SoftSeller.com cannot be held responsible for any loss of access to the digital products delivery and registration services by your customers. You agree that prepaid order process fees are non-refundable, except at our sole discretion for extenuating circumstances. You agree to submit any requests for a refund via e-mail, to explain why you are unable to use the service as contracted, and you agree to accept our decision in granting or denying any refund. All payments for use of any SoftSeller.com retailer services shall be made directly to Interauction Services, LLC via PayPal through the links provided. By registering for the SoftSeller service, you understand that failure to comply with this payment policy will result in the termination of your services.
10. PRIOR AGREEMENTS
This agreement supersedes any written, electronic, or oral communication you may have had with SoftSeller.com or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
11. SEVERABILITY
If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
12. TERMINATION OF AGREEMENT
The provisions of Section 2 (INDEMNIFICATION) and Section 4 (NO WARRANTIES) shall survive any termination of this agreement.
13. APPLICABLE LAW, JURISDICTION, AND SERVICE
This agreement shall be governed by the applicable laws of the State of Colorado. Customer agrees to accept service of process related to this agreement by ordinary mail, postage prepaid, to the most recent address provided by Customer.
14. ACKNOWLEDGEMENT
By creation of any SoftSeller.com account, you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
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