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Terms of Service

 

Website Terms of Use

 

Last Updated on May 2, 2019

 

Welcome to our website - https://accountshark.net (the “Website”)! We, ACCOUNTSHARK, LLC (“AccountShark”, “we”, “us”, etc.) own and operate the Website. 

 

The Website is an online venue that allows users to buy and sell digital or virtual items and services (collectively, the “Products”, and individually, a “Product”). The Website allows users to sell, buy, offer to sell, offer to buy and exchange Products with other users. The Website serves as an intermediary between buyers and sellers by brokering and facilitating transactions between them (collectively, the “Services”, and individually, a “Service”). As an intermediary, we do not own the Products nor are we involved in their manufacturing, development or licensing.

 

 

1. Applicability

 

By accessing and/or using the Website, you accept and agree to the present Terms of Service (the “Terms”). These Terms apply when you access and use the Website.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

 

The present Terms constitute a binding agreement between you and AccountShark. If you do not agree to these Terms, please do not access or use the Website.

 

 

2. Eligibility

 

To be eligible to use the Website, you confirm:

1. You are able to enter into binding agreements;

2. You are over the age of eighteen (18);

3. You are not barred from receiving and rendering services in the United States or in another jurisdiction;

4. You possess a valid email address.

 

 

3. Features

 

To use special features or certain parts of the Website such as having the option to buy or sell (“Features”), you may be asked to agree to additional terms governing the Features. The additional terms will supersede these Terms, but only with respect to the Features.

 

 

4. Changes to the Terms of Service

 

The most current version of the Terms will be published on our Website. We reserve the right to update, amend or replace any part of these Terms without notice. It is your responsibility to review the Terms periodically for changes. 

 

Your continued use of or access to our Website following the publication of any changes to these Terms constitutes your acceptance of the changes.

 

 

5. Products

 

The Website serves as an online platform that enables the sale and purchase of Products between buyers and sellers. We act as an intermediary between buyers and sellers of the Products by facilitating transactions (the “Services”). 

 

We do not own the Products. For avoidance of doubt, we do not create, manufacture, design or license the Products listed on this Website. We are not affiliated with the makers, manufacturers, designers, providers or developers of the Products. We provide the Services by facilitating the exchange of Products between buyers and sellers using the Website.

 

5.1 No Affiliates or Partners

 

We operate as an independent business with no affiliations of any nature to the Products’ manufacturers, designers, sellers, distributors or other agents. We are not affiliated with any other services or websites that offer the Products for sale or purchase. We offer the Services only through the Website and through no other means or other website. Any indication to the contrary is false and misleading.

 

 

6. Services We Offer

 

The Services offered on our Website are akin to brokering. As an intermediary, we facilitate the selling, purchase and transfer of Products between buyers and sellers. We do not act as an agent for either party and we are not an advocate for either party. We retain a commission from buyers and sellers in exchange for performing the Services pertaining to the Products.

 

As an intermediary, we are unable to offer any warranty with respect to the usability, fitness for purpose, merchantability and functionality of the Products. We have no control over the quality, functionality and origin of the Products and we do not make any representations or warranties with respect to the Products except for the limited lifetime warranty specified herein. 

 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

 

7. User Accounts

 

In consideration of your use of this Website, you agree that to the extent you provide personal information to AccountShark it will be true, accurate, current, and complete and that you will update all your personal information as necessary.

 

To perform any Transaction using the Website, you understand and agree that you must create a user account. Any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your account by you or by anyone else using your account, whether or not authorized by you. You remain liable for any activity or usage of the Website using your account unless you notify us of the breach in accordance with these Terms. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password, in accordance with these Terms.

 

 

8. Users

 

8.1 Sellers

 

Any Website user who wishes to offer to sell or sell a Product is referred to as a seller under these Terms.

 

8.1.1 Seller Warranties and Representations

 

To sell or offer to sell Products, you agree to abide by the following representations and warranties. You confirm that you have the full authority to enter into these Terms and to perform the obligations contained herein. You confirm that you are not a party to any contract or obligation that would prevent you from selling, transferring, assigning or in any other way disposing of the Products. You further confirm that you are the sole owner of and possess all rights, title and interests to the Products. You confirm that you possess all necessary rights and consents to sell and transfer the Products without breach of any obligation or third party right. You understand that we are not responsible if the sale of your Product violates any third party right or legal obligation to which you are bound. You acknowledge that we are not liable for any defects, damages or issues of any nature pertaining to the Products.

 

8.1.2 Selling Process

 

If we elect to facilitate the sale of your Product, we will promptly contact you if we require any further information. We undertake to communicate with you to confirm the transaction. If your Product is successfully sold to a buyer using the Website, we will pay you a commission in the amount established pursuant to an individual negotiation (the “Commission”). This Commission will be paid to you via PayPal. 

 

8.2 Buyers

 

Any Website user who offers to buy or buys a Product is referred to as a buyer under these Terms.

 

8.2.1 Buyer Warranties and Representations

 

To buy or offer to buy Products, you agree to abide by the following representations and warranties. You confirm that you have the full authority to enter into these Terms and to perform the obligations contained herein. You confirm that you are not bound by any agreement, regulation or judgment that would be breached by the execution of these Terms or the purchase contemplated herein. You confirm that you have sufficient, immediately available funds to pay for the Products you offer to buy. You understand that except for the limited lifetime warranty detailed below, we do not offer any warranties with respect to the Website or the Products. You confirm that we are not liable for any third party breach that is triggered by the sale or purchase of the Product. You understand and acknowledge that all Product sales are final. 

 

8.2.2 Buying Process and Hours of Operation

 

You agree to provide accurate and complete information when purchasing a Product using the Website. We accept different payment methods. You agree to pay us a commission in the amount established pursuant to an individual negotiation (the “Commission”). 

 

We operate seven (7) days of a week, from 10:00 AM to 11:00 PM CST, except during holidays and standard maintenance periods. During hours of operation, we undertake to deliver all purchased Products within thirty (30) minutes of the order confirmation. Any orders made outside of our hours of operation will be delivered on the following business day. 

 

 

9. Limited Lifetime Warranty

 

Except for the specific limited lifetime warranty expressly set forth in our Warranty Policy, the Products are provided “as-is” with no warranties. AccountShark expressly disclaims and excludes any warranties arising as a result of the operation of the law, whether express, implied or statutory, which includes but is not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, title and all other warranties. 

 

 

10. Prohibited Activities

 

You are solely responsible for all acts and omissions relating to your use of the Website. It is unacceptable for you to use the Website to:

 

Breach or violate local, state, national or international laws;

Solicit others to perform or participate in any unlawful acts;

Post material that infringes any third party rights;

Disseminate spam or other unsolicited material;

Post material that restricts users from accessing this Website;

Impersonate any person or entity, or falsely state your affiliation with a person or entity;

Interfere with any servers or networks in connection with to the Website or its Features;

Gain unauthorized access to the Website, any account, computer system, or network by hacking; and

Engage in any conduct that is contrary to these Terms or that can give rise to any liability.

 

 

11. User Content 

 

Users may be able to post content on the Website. Such content includes messages, posts, audio and visual recordings and other postings. We are not liable for any user-generated content generated published the Website. We are unable to guarantee the integrity, suitability or quality of any user-generated content. 

 

You are solely responsible for any content you post on the Website. You undertake to obtain all necessary permissions and consents to post content that is not your original work. You may be held personally liable if the content you post violates these Terms or any third party right. 

 

You hereby grant us and our affiliates a nonexclusive, worldwide, perpetual, irrevocable, royalty-free and transferable license to use, publish, distribute, modify and commercialize any content you post on the Website, without restriction. 

 

We are not obliged to remove any user-generated content from the Website, however, we undertake to do so if the content violates these Terms or any legal obligation.

 

12. Payment Information

 

You will need to provide all relevant payment information, such as a credit card, bank account or debit card information (“Payment Information”) to sell or purchase Products using the Website. 

 

You agree that to the extent you provide Payment Information to us, it will be true, accurate, current, and complete and that you will update all Payment Information as needed. 

 

Time is of the essence regarding payments. You authorize us to charge any card or means provided under your Payment Information. We will keep your Payment Information on file to cover all recurring payments. Payment is deemed received once the funds clear. 

 

12.1 Billing and Taxes

 

Unless otherwise indicated in writing, our services and charges are exclusive of all applicable taxes including but not limited to value-added tax, levies and surcharges. 

 

You understand that you are solely responsible for the payment of any and all taxes pertaining to the delivery, possession, sale or use of the Products. We reserve the right to charge you any applicable taxes if we determine that we are held to a legal obligation to invoice such taxes.

 

13. Privacy 

 

These Terms expressly incorporate our Privacy Policy. By agreeing to these Terms, you also agree to the terms set forth in our Privacy Policy.  All personal information provided through your use of this Website will be handled in accordance with our Privacy Policy. 

 

 

14. Third Party Websites

 

Some portions of our Website may link to third party services or websites (“Third Party Sites”). The links to Third Party Sites are provided for reference purposes only. We are not affiliated with the Third Party Sites, and your use of any Third Party Sites is subject to the terms and policies of that third party service provider. You agree that your access to such Third Party Sites is at your own risk.

 

 

15. Termination

 

We may cancel, suspend or terminate your access to the Website or to the services provided on the Website (the “Termination”), without notice, in the following cases:

    • - You fail or neglect to pay the fees on their due date. The Termination will not relieve you of your obligation to pay the fees and all applicable interest;
    • - Your use of the Website breaches any of these Terms.

 

The Termination will not entitle you to any refunds or credits.

 

Ongoing provisions will survive the Termination, particularly the provisions relating to payment, liability and indemnification.

 

 

16. Disclaimers

 

Except for the limited lifetime warranty, we do not make any representations or warranties with respect to the Website, its content or the Products available on this Website. This Website and the Products are provided on an “as is” and “as available” basis without further representations or warranties. These representations and warranties apply to the fullest extent permitted by applicable law.

 

Without limiting the generality of the foregoing and to the fullest extent permitted by law, we and our affiliates disclaim all representations and warranties relating to the Services and the Products’ title, non-infringement, merchantability and fitness for a particular purpose. We are not responsible for any defects or damage to the Products, whether it results from misuse, mishandling, neglect, accident, user software or interfacing, improper or inadequate installation, or failure to follow information and precautions contained in these Terms. You understand that all Products and their components are provided on an “as is” basis. We assume no responsibility for the Products listed, supplied or in any way connected to the Website, and such Products’ components.  

 

We also disclaim any responsibility related to the Website’s servers and transmissions. As such, we do not warrant that the Website will be free of any harmful components, including viruses. As a user, you are responsible for ensuring proper data back up of your information. 

 

 

17. Limitations of Liability

 

In no event, shall we, our directors, officers, employees and agents, be liable for any losses and expenses of any nature and howsoever arising including without limitation indirect, general, special, punitive, incidental or consequential damages; loss of use, data, income, or profit; loss of or damage to property; and any third party claims.  

 

For avoidance of doubt, we will not be liable for any special, incidental, punitive or other damages, whether based on contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages in connection with the use of this Website. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

 

18. Indemnification

 

You agree to indemnify, defend and hold harmless AccountShark and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from all suits, claims, actions or proceedings and damages, losses, costs, fees or penalties, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

 

19. Intellectual Property Rights

 

All trademarks, marks or other intellectual property that relates solely to AccountShark is our exclusive property. We either own or have all required consents to publish the content appearing on our Website. This content includes but is not limited to images, texts, displays and publications. Any trademarks and intellectual property displayed on our Website may be protected by copyright, trademark and other proprietary laws. The Website is intended solely for personal use and may not be copied, modified, reproduced, store or otherwise transmitted, in whole or in part, without our prior explicit written consent. 

 

20. Third Party Trademark Rights

 

All trademarks, service marks, trade names and logos of any third party (the “Third Party Intellectual Property”) published on our Website are the proprietary trademarks of their respective owners and are protected by applicable copyright and trademarks laws. Such Third Party Intellectual Property is published on our Website solely to help users identify and reference the Products appropriately and in a descriptive sense. As such, our usage of Third Party Intellectual Property constitutes nominative fair use as defined in the applicable U.S. trademark legislation. Our usage of such Third Party Intellectual Property is protected from infringement and dilution in accordance with the terms of the Lanham Act.

 

21. Copyright Infringement

 

We comply with all applicable intellectual property legislation and undertake to promptly and lawfully respond to any reports of copyright infringement involving the Website. Please direct all reports of infringement to us by sending an email to support@accountshark.net.  

 

22. Modification and Discontinuation of the Website

 

We reserve the right to modify, suspend, discontinue, or delete the Website or any portion thereof at our discretion, and without liability.

 

 

23. Waiver

 

Failure by us to avail of any provision herein should not be interpreted as a waiver of the provision or the right to have any provision complied with afterwards.

 

 

24. Entire Agreement

 

 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

 

25. Severability

 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

26. Governing Law

 

These Terms are governed and interpreted according to the laws of the State of Oklahoma and applicable federal laws. You specifically consent to personal jurisdiction in Oklahoma in relation to any dispute between You and us arising out of these Terms of Service or pertaining to the subject matter hereof.

 

 

27. Dispute Resolution

 

In an attempt to accelerate amiable resolution and reduce the cost of any Dispute related to, or arising out of, these Terms of Service and associated Policies, You agree to first attempt to negotiate in good-faith any Dispute informally for at least sixty (60) days with AccountShark before either party institutes any arbitration. The negotiation period begins upon receipt of written notice by the party instigating the Dispute. Notice may be sent via electronic mail to support@accountshark.netIf the Dispute cannot be settled amicably within sixty (60) days from the beginning of the Dispute, we may elect to have the dispute resolved through arbitration or before the competent courts in the State of Oklahoma. 

 

 

28. Force Majeure

 

Force Majeure refers to unforeseeable circumstances beyond our reasonable control including a strike, civil commotion, riot, terrorist attack, war, fire and natural disasters. We are not liable for any failure, damage or destruction to your computer systems, data breach or records, losses or errors in case of Force Majeure.

 

 

29. Questions and Feedback

 

If an email address is required to use the Website, you agree to provide your current and valid email address. 

 

Any questions or inquiries about these Terms should be directed to support@accountshark.net.

To report a breach or threatened breach of these Terms, please send an email to support@accountshark.net.

 

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