1. Acceptance of Terms
The following Terms of Service (this "Agreement") sets forth the terms and conditions governing your use of the INKcryptink.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 world wide 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 any 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 world wide 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@INKcryptink.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.
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.
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© 2016
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 in order 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, suplly 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 refered 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!
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
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.