TERMS OF SERVICE
Welcome to Actinium.in, which is an online marketplace that allows the buyers and sellers of digital assets such as Websites, iOS App, Android App, Domains etc, to list their assets for sale on the platform, to meet, communicate and negotiate and transact between each other through this platform.
ACTINIUM also allows firms engaged in services such as
website development, app development, digital marketing
etc. to list themselves on actinium.in in order to enhance
their reach and to establish connectivity with their potential
The word ‘Services’ mentioned in these Terms of service and any other content on Actinium include any or all of these.
Actinium provides any and all Services such as:-
Listing your digital asset on the platform, communication between buyer and seller through the discussion forum, making and accepting payment through actinium, listing various service provider firms and any other service concerned with actinium which a person may use while accessing the website actinium.in.
By accessing the Website and using any of the Actinium Services, you agree to be bound by these terms of service. Please read them carefully before using Actinium and any of its service.
2. COPYRIGHT AND OTHER RIGHTS
All content included in or made available by Actinium, such
as text, graphics, logos, button icons, images, videos and
other data is the property of Actinium and is protected by
Indian and international copyright laws.
You are only allowed to use the above mentioned content to
the extent which is necessary for you to use actinium services
and the usage must be in accordance with the terms of
service, otherwise you cannot copy, extract, utilize or
reutilize any content of Actinium including, without
limitation, any listings, descriptions, prices and account
information without our express written consent. You may
also not create and/or publish your own database that
features substantial parts of the Actinium services and its
content without our express written consent.
3. ELECTRONIC COMMUNICATION WITH ACTINIUM
When you use Actinium and send e-mails, text messages, or other communication from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, or communication via our discussion forum. You consent to receive communications from us electronically and agree that communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Graphics, logos, page headers, button icons, scripts, and
service names included in or made available through
Actinium are trademarks of Actinium. Actinium trademarks may not be used in connection with any product or service
that is not Actinium’s, in any manner that is likely to cause
confusion among customers or in any manner that degrade
or dishonour Actinium.
All other trademarks not owned by Actinium that appear in
the Actinium website are the property of their respective
owners, who may or may not be connected with Actinium.
You may not frame or use framing techniques to enclose any
trademark or logo (including images and text) of Actinium
without our express written consent. You may not use any
meta tags or any other “hidden text” utilizing Actinium
names or trademarks without our express written consent.
5. YOUR ACTINIUM ACCOUNT
By registering and creating an account with Actinium, you declare and warrant that you are over 18 years of age and you can form legally binding agreements under applicable law. If you are registering an account for a business, organization or other legal entity, you declare and warrant that you have the authority to legally bind that entity.
One entity/person can have only one Actinium account unless it is authorized by actinium through any of the means of communication that Actinium uses.
You will be held responsible for all the activities that occur under your account regardless of whether the activities are undertaken by you or anyone else authorized by you.
After the account is created you are responsible for keeping your account and password confidential, Actinium is not responsible in any manner whatsoever for any unauthorized access to your password or account.
If you have any reason to believe that your password has lost its confidentiality and someone else might be using your account, then you should immediately inform actinium.
If we have concerns with your account, or activity relating to your account, or if you are in breach of applicable laws or these Terms, we reserve the right to take action on your account in accordance with these Terms, including without limitation by
(i) Suspending your account
(ii) Terminating your account
(iii) Removing or editing content you post using your account.
The action we decide to take and any notice you may receive will vary depending on Actinium, the circumstances, and our assessment of relevant factors.
6. ID VERIFICATION
Whenever it is mentioned in Actinium that the buyer and seller is ‘verified’, it only means that the buyer or seller has completed the relevant verification process and nothing else.
This description does not guarantee or in any way endorse the trustworthiness, safety or suitability of the said person/entity, their background and their identity.
To register with Actinium as a buyer and seller, you may be asked to provide proof of identity or other methods of identity verification.
You agree to provide Actinium or any third party which provides services to Actinium with all identification documents (including but not limited to, copies of passports and/or government-issued driver’s license) which Actinium requests from you from time to time for the purposes of verifying your identity.
7. INTELLECTUAL PROPERTY RIGHTS
When you submit and upload your content on Actinium you must ensure that (i) you own the content and possess all the rights to publish and post the content on our website, (ii) the content is authentic and accurate, (iii) content is in accordance with our terms of service, (iv) is not in any way a violation of any prevalent Intellectual property protection laws.
Unless it is stated otherwise, by posting or submitting your content on Actinium, you grant Actinium, a royalty free, fully transferable, non-exclusive, fully sublicensable rights to use, reproduce, publish, adapt, modify, publish, distribute any such content throughout the world in any media form or manner.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, as applicable, you: (i) consent to any infringement of; and (ii) agree to waive, any right you have to be identified as the author of such content and any right you have to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Actinium, at our request.
You agree to indemnify Actinium for all claims brought by a third party against Actinium arising out of or in connection with the content and material you submit to Actinium or publish in the platform.
8. LISTING RULES
The following assets may be listed for sale on Actinium :-
(a) all detail and reference to files contained in a website or an application, including but not limited to, the HTML, the code base, other source code, logos, images, music, animation, brand name, trademarks, copyrights, intellectual property films and other media, licenses and other works associated with the website or the application;
(b) any rights and obligations in relation to an agreement with a third party relating to assets which may include, but is not limited to domain agreement, hosting agreements, payment provider agreements, seller agreements, legal agreements, employment agreement, and any other agreements required for running the business.
(c) all rights to a domain name of the business for the time stipulated in the agreement
(d) any other documented asset including inventory or other agreement critical to the sale and ongoing concern of a business,
(e) any other particulars
When you create a listing, you will be asked to provide complete and accurate information about your asset, including, but not limited to a business description and current and historical financial data. You are responsible for your listing and keeping your listing information up to date at all times.
You warrant and represent to Actinium and to each buyer that:
(a) you own the asset or are entitled to sell the asset;
(b) you are the owner of all intellectual property rights, including but not limited to copyright, patent, trademark, designs whether registered or not and throughout the world and all other rights, title and interest in the asset,
(c) the asset is transferable to a buyer; and
(d) any and all agreements with third parties are transferable to the Buyer.
You must not create a listing for an asset which is:
(a) is obscene, vulgar and/or deemed by Actinium to be offensive;
(b) contains material which infringes the rights of a third party or which assists others to infringe the rights of a third party;
(c) is engaged in activities which contravenes law of any territory; or
(d) Actinium deems inappropriate or in breach of these Terms.
9. LISTING TYPES
Actinium lists only following type of digital assets on its platform:
2. iOS App
3. Android App
5. Service Provider Firms
Any other type of listing will not be in accordance with the terms of Actinium.
10. EXCLUSIVITY OF ACTINIUM AND RIGHT TO COLLECT SUCCESS FEE
The listed asset which has an asking price of more than Rs 5,00,000 you agree that you will promote and/or sell that asset exclusively using the Actinium Services. For the period in which your listing is live on the Website and for 90 days from the date you remove your listing, you guarantee that you will not use any other platform, marketplace or service, including a broker service, to promote or sell your asset, without the express written permission of Actinium.
If Actinium discovers that you have been in violation of this terms, you give Actinium the authority to immediately suspend your listing and terminate your account and may, take action against you to recover a Achievement fee.
You must conduct all inquiries into and discussions about a listed asset, through the Website unless expressly authorized by Actinium. You must not bypass Actinium. If you make or accept payment for a listed asset, Actinium is entitled to a success fee. If Actinium is unable to recover its Achievement fee from the seller, the buyer is liable to pay the Achievement fee.
11. OUR FEES
11.1 Listing Fee
A listing fee will be charged from you when you list an asset for sale. You will be charged a fee whether or not the listed asset sells. Listing fees are non-refundable.
For current fees, pleasse see Actinium Pricing Page.
11.2 Achievement Fee
If the listed asset is sold successfully through Actinium, you agree to pay Actinium a success fee which is calculated as a percentage of the total transaction value or final sale price paid by the buyer for your listed asset (including any applicable taxes). Our success fee is non-negotiable and non-refundable. Actinium has the right to change the achievement fee at any time, a specific notice will be given to all the registered users of Actinium through our official mail.
For current fees, please see our Actinium Pricing Page.
12. DUE DILIGENCE
Actinium does try to make the information it displays to its users as accurate and authentic as possible however we can make no promises, no guarantees, no claims regarding the authenticity, accurateness of the contents of any listing and we expressly disclaim any liability for errors and omissions in the content of any listing.
No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third-party rights, title, is given with respect to the contents in any listing.
Actinium is not a legal advisory or business advisory service and do not assume or try to tell or suggest which business decisions to make. You understand and acknowledge that there is a risk factor involved in the purchase of a website or online business. We assume no responsibility and disclaim any liability for your investment or business results.
Buyers and sellers are advised to seek independent advice from a competent professional person if legal, financial, tax, or any other expert assistance is required.
13. PAYMENT PROCESSING
Actinium is not a payment provider and not an escrow service.
For the purposes of efficiently facilitating a transaction, any and all payment processing services through your use of the Actinium Services are provided to you by independent third-party service provider(s).
You hereby consent and authorize Actinium to share any information and payment instructions you provide with any third-party service provider(s).
Actinium may refund an amount of paid by you if you are entitled to a refund in accordance with our refund policy or Actinium is required by law or considers that it is required by law to do so. Actinium will refund the amount through the same way through which you paid the amount or any other payment method which is presented by Actinium through independent third-party payment process provider(s) for its users.
15. COMMUNICATION ON ACTINIUM
The content communicated on Actinium between the platform and buyer/seller or between buyer and seller must not be, under any circumstance :-
(a) illegal, abusive, threatening, defamatory, personal, of any solicitous nature, invasive, personal, explicit, sexual, threatening to privacy, political
(b) unrelated to a listing or can be reasonably assumed to be unrelated to purpose of buyers and sellers
(c) an attempt to transact outside the Website,
(d) an attempt to unnecessary and without cause or reason defaming or attempt to defame the Actinium platform or passing any derogatory remark regarding Actinium
(e) infringing of intellectual property rights of others
(f) objectionable to third parties
We reserve the right (but not the obligation) to remove or edit any content at any time and for any reason in its sole and absolute discretion.
Actinium monitors all the discussion between buyers and sellers which is done through the Actinium discussion platform.
16. THIRD-PARTY LINKS
The platform may contain links to third-party websites or resources that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest or Google Analytics).
They are only and only between you and the third party.