Terms of Service Agreement
This document exists to protect both you and us. By using our services, you agree to our Terms of Service agreement. Please read these customer terms and conditions of service carefully.
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND SOLDATABANK HAVE AGAINST EACH OTHER CAN BE BROUGHT.
By entering into to this agreement, you expressly acknowledge that you understand this agreement (including the dispute resolution and arbitration provisions section) and accept all of its terms. By downloading, installing, or otherwise accessing or using the service, you agree that you have read, understood, and agree to be bound by these terms. If you do not agree, you may not use the service.
Modification and termination
Things happen quickly, both inside and outside of SolDataBank, so we will sometimes review these Terms to make sure they accurately reflect developments in current law and our business operations. We reserve the right to update and revise these Terms at any time. We'll make sure to also change the 'Effective Date' at the top of this page so you can tell if these Terms have changed since your last visit. Please review these Terms regularly because once we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.
SolDataBank reserves the right to modify, discontinue, terminate or suspend any and all Services without prior notice. This Agreement shall remain in full force and effect while you use any part of the Services. You may terminate your use of the Services or your membership at any time by following the instructions on the Services. SolDataBank may terminate or suspend your access to the Services (and/or any feature thereof) or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Upon termination of your account, your right to access and use the Services and any Content will immediately cease.
* You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
* You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide.
* To access and use the Services, you must register for a SolDataBank account ('Account') you must provide accurate and complete information and keep your Account information updated by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. SolDataBank may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion. You shall not: Select or use as a username a name of another person with the intent to impersonate that person, use as a username a name subject to any rights of a person other than you without appropriate authorization or use, as a username, a name that is otherwise offensive, vulgar or obscene.
* You acknowledge that SolDataBank will use the email address you provide as the primary method for communication.
* You are responsible for keeping your password secure you are responsible for all activity and content such as text, photos, images, logos artwork, videos, graphics, written content, audio files, code, information, data uploaded, download, post, email, transmit or otherwise make available, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account ('Materials', 'Pieces', 'Files').
* That your registration and your use of the Service is in compliance with any and all applicable laws and regulations in the jurisdiction in which you reside,
* A breach or violation of any term in the Terms of Service as determined in the sole discretion of SolDataBank will result in an immediate termination of your services.
* As SolDataBank is an international platform you may find that by using the Service, you may be exposed to content that is offensive, indecent or objectionable in your region but in other parts of the world it is not. If this happens please let us know so we can disable it in your Region / State / Country.
You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents), and for keeping your Account password secure. You may never use another person's user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state, provincial, territorial or other authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates. You agree to provide accurate information in your registration and not to share your password with third parties. You agree not to impersonate another person or to select or use a user name or password of another person. SolDataBank has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. You agree to notify SolDataBank promptly of any unauthorized use of your account and of any loss, theft or disclosure of your password. Failure to comply with these requirements shall constitute a breach of these Terms of Service and shall constitute grounds for immediate termination of your account and your right to use the Website.
SolDataBank will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at email@example.com. Nothing in this section shall affect SolDataBank's rights to limit or terminate the use of the SolDataBank Platform.
* We reserve the right to modify or terminate the Service for any reason, without notice at any time.
* We reserve the right to refuse service to anyone for any reason at any time.
* We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the digital asset offered, or the Materials uploaded or posted, violate our these Terms of Service.
* Verbal or written abuse of any kind (including threats of abuse or retribution) of any SolDataBank customer, SolDataBank employee, member, or officer will result in immediate Account termination.
* SolDataBank does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
* We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that SolDataBank employees and contractors may also be SolDataBank customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
* SolDataBank retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, SolDataBank reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
We cannot be held responsible for the content you create, upload, or content you access elsewhere while using SolDataBank. In others words you are responsible for your Account and any Materials you upload to the SolDataBank platform. Remember that with any violation of these terms we will cancel your service.
Proof of Identity.
You will provide us with such proof of identity as we may reasonably request from time to time. We reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
Right of access
The Personal Data that we may collect includes:
* Contact details, such as name, postal address, telephone number, email address;
* Financial and transaction Data, such as credit or debit card number, and bank account information; and
* Other Personal Data, such as date of birth, SSN or EIN.
You have a legal right to request the personal information about you held by us. On request, we will provide you with a copy of this information. You also have a right to correct, amend or delete such personal information where it is inaccurate or has been processed in violation of the Privacy Shield Principles.
Communications from SolDataBank
Text Messages and Phone Calls
By providing your phone number and using the SolDataBank Platform, you agree that we may, to the extent permitted by applicable law, use your mobile phone number for calls and, if such phone number is a mobile number, for text (SMS) messages. Standard call or message charges or other charges from your phone carrier may apply to calls or text (SMS) messages we send you. You acknowledge that opting out of text (SMS) messages may impact your ability to use the SolDataBank Platform.
You agree to SolDataBank's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professor or Service Requestor using a telephone number provided by SolDataBank. During this process, SolDataBank and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to SolDataBank's use and disclosure of this call data for its legitimate business purposes.
SolDataBank may send you confirmation and other transactional emails with respect to the use, news and announcements of the platform to you. SolDataBank may also send you emails about services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
Restrictions on Use.
By using the Site, you specifically agree not to engage in any activity that, in our sole discretion:
* Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, sexually explicit or pornographic, discriminatory, vulgar, profane, obscene, libelous, hate speech, violent or inciting violence, inflammatory, or otherwise objectionable;
* Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
* Is illegal, or violates any federal, state, or local law or regulation;
* Attempts to impersonate another person or entity;
* Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, or other advertising materials;
* Falsely states, misrepresents, or conceals your affiliation with another person or entity;
* Accesses or uses the account of another user without permission;
* Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
* Interferes with, disrupts, disables, overburdens, or destroys the functionality or use of any features of the Site or the servers or networks connected to the Site;
* 'Hacks' or accesses without permission our proprietary or confidential records, those of another user, or those of anyone else;
* Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Site;
* Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Site;
* Uses automated or manual means to violate the restrictions in any robot exclusion headers on the Site, if any, or bypasses or circumvents other measures employed to prevent or limit access, for example by engaging in practices such as 'screen scraping,' 'database scraping,' or any other activity with the purpose of obtaining lists of users or other information;
* Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Site; or
* Attempts to do any of the foregoing.
* If you believe content on the Site violates the above restrictions, please contact us via the information provided below.
You acknowledge and agree that the site is provided 'as is' and 'as available' and that your use of the site shall be at your sole risk. to the fullest extent permitted by applicable law, SolDataBank, and its respective officers, directors, employees, members, shareholders, agents, affiliates, subsidiaries, and licensors ('SolDataBank parties') disclaim all warranties, express or implied, in connection with the site and your use of it. to the fullest extent permitted by applicable law, the SolDataBank parties make no warranties or representations that the site has been and will be provided with due skill, care and diligence or about the accuracy or completeness of the site's content and assume no responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the site, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the site through the actions of any third party, (vi) any loss of your data or content from the site and/or (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the site. The SolDataBank parties do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, and the SolDataBank parties will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. You are solely responsible for all of your communications and interactions with other persons with whom you communicate or interact as a result of your use of the site. If you do not agree with any of these points do not use the SolDataBank service
Limitation of liability.
Soldatabank has a monthly subscription service ('membership'). If you choose to sign up for the SolDataBanks membership, your "Subscription Billing Date" is the date when you purchase your first subscription to the Service. For information on the "Subscription Fee", please see it under the "Profile" item inside the platform.
Your account will be charged automatically on the Subscription Billing Date for all applicable fees for the next subscription period. The subscription will continue until you cancel your subscription or we terminate it.
You must cancel your subscription before it renews to avoid billing of the next periodic subscription fees to your account. If you cancel your subscription, you will be able to use your Unlimited services for the remainder of the month in which you cancelled. We will bill the monthly subscription fee to the payment method you provided during registration (or to a different payment method if you change your account information).
You may cancel your subscription service at any time in your account settings or by contacting us via our Help Center.
Payments and Billing Information
In order to purchase a Piece, Subscription or Membership, the User must choose a payment type and provide any Payment Information requested by SolDataBank. By entering your Payment Information, you agree that we or our Payment Platform may immediately authorize your credit card (or other approved facility) for payment for any Piece, Subscriptions or Membership purchased under your Account. Applications may not be available for use until full payment has been made. By providing SolDataBank with Payment Information, the User represents that it is authorized to use the Payment Information and that it is true and accurate. The User agrees to provide SolDataBank with updated Payment Information upon SolDataBank's request and any time the Payment Information becomes no longer valid.
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an 'Order'). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Order. If you want to change or update your payment method information, you can do so at any time by logging into your account. If a payment is not successfully settled and you do not edit your payment method information or cancel your Subscription, Membership or Purchase, or account, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated.
As set forth above, you should keep your password strictly confidential. You are fully responsible for all activities that occur and all liability incurred under your Account. Your liability for these charges will continue after termination of this Agreement. If you have a question about any charge on your credit card statement, please contact our customer service at help.SolDataBank.com.
Pricing and Availability
All prices are expressed in your local currency, in case you do not have the currency of your region the price are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice.
In terms of availability, keep in mind that there may be single pieces of sale, so that only the first buyer stays with it.
Buyers may request a refund from SolDataBank before the funds have already been transferred to the Seller/Owner. The buyers may request a refund from SolDataBank within 7 days of the purchase. To process your refund please follow the steps that are described in the form followed by purchase to the qualification of the piece and the seller. At the moment a claim is made, the transfer of funds from that transaction is automatically stopped, opening the communication between 'seller and buyer" so that they can reach an agreement. If this agreement does not arrive SolDataBank will try to mediate to find the best solution for both parties. As users of the service, buyer and seller will accept, without any future claims or indemnisations of any kind, the decision that SolDataBank takes.
*Remember that certain commissions and taxes may have already been paid and you will receive the remainder. If you do not agree, you may not use the service.
Taxing authorities may classify funds raised on the Services as taxable income to the sales and any beneficiary who will receive funds directly from the applicable sale. SolDataBank will ask for the tax identification number (TIN) of sales Owners and any beneficiaries so that we may report taxable income to the relevant taxing authorities. SolDataBank will provide Campaign Owners with a tax document if required by the relevant taxing authorities.
You'll defend, indemnify, and hold harmless SolDataBank, our affiliates, and our and their respective officers, directors, managers, employees, and agents from any and all liabilities, claims, costs, damages, and expenses (including reasonable attorneys' fees) in connection with any third-party action, claim, or proceeding (each, a 'Claim') arising from your breach of this Agreement, your misuse of the Applications, the Products, the Service, the Website or the Content. If you are a Merchant, you'll also defend, indemnify, and hold harmless SolDataBank from any liabilities, claims, costs, damages or expenses in connection with any User's purchase of any Product you sell, any injury or loss caused by any Product you sell, or any statements or representations made or omissions with respect to a Product. We'll promptly notify you of any Claim, provide you, at your expense, with reasonable cooperation in the defense of the Claim, and provide you with sole control over the defense and negotiations for a settlement or compromise. Notwithstanding the foregoing, we reserve the right to assume the exclusive defense and control of any Claim that is subject to indemnification under this section, in which case you agree to cooperate with any reasonable requests assisting our defense of the Claim. If you do not agree, you may not use the service.
As a buyer or the person acquiring the piece are obligated and agree to adhere to and respect the creative commons licensing that the creator / seller has chosen for the piece that you download.
When you upload or give us content SolDataBank act as your commercial representative to share, sell or auction the material you uploaded. Allowing us to increase to the price of your material ("Piece") a commission of 5% for us, the commission for our third-party payment processor and taxes that are necessary to carry out the operation. For this act you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights that you have in the content, in any media known now or in the future.
You acknowledge and agree that: (1) we act as online commercial glass, only as a forum for the online distribution and publication of User content. We make no warranty that User content is made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website; and (3) any and all content submitted to the Website is subject to our approval. We may reject or approve your User content at our sole discretion.
You represent and warrant that your content:
* will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
* will not violate any law or regulation;
* will not be defamatory or trade libellous;
* will not be obscene or contain child pornography;
* will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons
* will not contain material linked to terrorist activities
* will not include incomplete, false or inaccurate information about User or any other individual; and
* Will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Information on the Website may contain general information about legal, financial, health and other matters. The information is not advice, and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.
We provide unmonitored access to third party content, including User feedback and articles with original content and opinions (or links to such third party content). We only act as a portal and have no liability based on, or related to, third party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.
The Website may contain links to other third party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third party content, links to third party content and/or websites is at your risk.
In relation to deletion or hiding of any information or content, using the Website to delete, hide or otherwise dispose of information does not imply permanent deletion of content or information. Information may be retained for a period of time to fulfil record keeping, regulatory, compliance, statistical, law enforcement and other obligations.
RULES OF CONDUCT
While using the Site you will comply with all applicable laws, rules and regulations. In addition, SolDataBank expects users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this Section; any failure to comply may also result in termination of your access to the Site. You agree that you will not:
Post, transmit, or otherwise make available, through or in connection with the Site:
Anything that is or may be threatening, harassing, degrading or hateful; defamatory; fraudulent or tortious; obscene, indecent or otherwise objectionable; or protected by copyright, trademark or other proprietary right without the express prior written consent of the owner of such right.
Any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense.
Any virus, worm, Trojan horse or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software.
Any unsolicited or unauthorized advertising, promotional materials, 'junk mail,' 'spam,' 'chain letter,' 'pyramid scheme' or investment opportunity, or any other form of solicitation.
Use the Site for any fraudulent or unlawful purpose.
Harvest or collect personally identifiable information about other users of the Site.
Impersonate any person or entity, including any representative of SolDataBank; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that SolDataBank endorses any statement you make.
Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site).
Use the Site to advertise or offer to sell or buy any goods or services without SolDataBank's express prior written consent.
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site (including any content, Software and other materials available through the Site).
Modify, adapt, create derivative works of, translate, reverse engineer, decompile or disassemble any portion of the Site (including any content, Software and other materials available through the Site), except as and solely to the extent expressly authorized under applicable law overriding any of these restrictions.
Remove any copyright, trademark or other proprietary rights notice from the Site or content, Software and other materials originating from the Site.
Frame or mirror any part of the Site without SolDataBank's express prior written consent.
Create a database by systematically downloading and storing all or any Site content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, 'scrape,' 'data mine' or in any way reproduce or circumvent the navigational structure or presentation of the Site, without SolDataBank's express prior, written consent.
If you have any questions or notices of violation of this Agreement, please contact us at:
Phone USA: +1 302-380-4046 Argentina: +54 011 6009-3107
By mail: USA: SolDataBank LLC, 16192 Coastal Highway, Lewes, Delaware 19958. Argentina: SolDataBank SAS, Av. Cordoba 836 piso 13 of. 03, (1054), Ciudad Autónoma de Buenos Aires.
Publication date: 05/07/2018