Terms of Service

The following terms and conditions govern all use of the kracksocial.app website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by RedGhost Software, LLC (" RedGhost"). The Website is offered subject to your acceptance without modification of all terms and conditions contained herein and all other operating rules, policies (including, without limitation, RedGhost's Privacy Policy) and procedures that may be published from time to time on this Site by RedGhost (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. 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 and conditions are considered an offer by RedGhost, acceptance is expressly limited to these terms.

You must be 18 years old or older to create an account on this Website.

1. Your kracksocial.app Account and Site. If you create an account, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account.
2. Member Conduct. Use of the Services by you, as Member, is subject to all applicable local, state, national and international laws and regulations. RedGhost reserves the right, but does not assume any obligation, to monitor the Services to enforce this Agreement. Nor does RedGhost guarantee that any monitoring it does perform will be to the Member's satisfaction. Upon learning of any violation of this Agreement, RedGhost, at its sole discretion, may terminate your access to and use of the Services, require you to remedy such violation, and/or take any other actions that RedGhost deems appropriate to enforce its rights and pursue all available remedies. Without limitation, RedGhost reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:
   1. Members shall not engage in any activity that constitutes harassment, including, but not limited to, excessive repetition when listing a person as a referral, repeated unwanted contact, interfering with a Member's use of site or stalking.
   2. Members shall not list the email addresses of people unknown to them.
   3. Members shall not list as referrals any email addresses that are fake, fictitious, or made up.
   4. Members shall not list as referrals any email addresses which are owned by or belong to that member.
   5. Members shall not attempt to interfere with any other person's use of the Services.
   6. Members shall not misrepresent their identity or impersonate any person or entity, including, but not limited to, a RedGhost employee or moderator.
   7. Members shall not hold themselves out as sponsored by, endorsed by, or affiliated with the RedGhost website.
   8. Members shall not use any portion of the RedGhost website or the Services to post, upload, email, transmit or otherwise make available junk mail.
   9. Members shall not use any portion of the RedGhost website or the Services to post, upload, email, transmit or otherwise making available content, including user names and friend list names, that is harmful, threatening, abusive, vulgar, obscene, profane, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
   10. Members shall not post, upload, email, transmit or otherwise make available commercial advertisements, or any other form of commercial solicitation, except through the External Ads advertising system.
   11. Members shall not engage in any activity that is patently offensive or promote or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual.
   12. Members shall not upload photos, graphics or other content that contain or promote illegal substances or activities, including, but not limited to, underage drinking or smoking, substance abuse, weapon use, or gang affiliation.
   13. Members shall not post content that displays pornographic or sexually explicit material of any kind.
   14. Members shall not provide material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
   15. Members shall not provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
   16. Members shall not attempt to gain unauthorized access to RedGhost's database or other computer systems.
   17. Members shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by RedGhost in connection with the RedGhost website or the Services.
   18. Members shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the RedGhost website.
   19. Members shall not collect or store personal data about other Members in connection with the prohibited conduct and activities set forth in paragraph #1 through #18 above.
   20. Members shall not use any portion of the RedGhost website or the Services for any unlawful purpose.
   21. Members shall not engage in any activity that solicits or is designed to solicit password or personal identifying information for commercial or unlawful purposes from other Members.
   22. Members shall not use the account, username, or password of another Member at any time or disclose their password to any third party or permit any third party to access their account.
   23. Members shall not publicly post information that poses or creates a privacy or security risk to another person.
3. Content Posted on Other Websites. We have not reviewed, and cannot review, all the material, including computer software, made available through the websites and webpages to which kracksocial.app links, and that link to kracksocial.app. RedGhost does not have any control over those non-RedGhost websites and webpages, and is not responsible for their contents or their use. By linking to a non-RedGhost website or webpage, RedGhost does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. RedGhost disclaims any responsibility for any harm resulting from your use of non-RedGhost websites and webpages.
4. Copyright Infringement and DMCA Policy. As RedGhost asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by kracksocial.app violates your copyright, you are encouraged to notify RedGhost in accordance with RedGhost's Digital Millennium Copyright Act ("DMCA") Policy. RedGhost will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. RedGhost will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of RedGhost or others. In the case of such termination, RedGhost will have no obligation to provide a refund of any amounts previously paid to RedGhost.
5. Intellectual Property. This Agreement does not transfer from RedGhost to you any RedGhost or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with RedGhost. RedGhost, kracksocial.app, the kracksocial.app logo, and all other trademarks, service marks, graphics and logos used in connection with kracksocial.app, or the Website are trademarks or registered trademarks of RedGhost or RedGhost's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any RedGhost or third-party trademarks.
6. Changes. RedGhost reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. RedGhost may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
7. Termination. RedGhost may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your kracksocial.app account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by RedGhost if you materially breach this Agreement and fail to cure such breach within thirty (30) days from RedGhost's notice to you thereof; provided that, RedGhost can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Disclaimer of Warranties. The Website is provided "as is". RedGhost and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither RedGhost nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
9. Limitation of Liability. In no event will RedGhost, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to RedGhost under this agreement during the twelve (12) month period prior to the cause of action. RedGhost shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the RedGhost Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
11. Indemnification. You agree to indemnify and hold harmless RedGhost, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
12. Miscellaneous. This Agreement constitutes the entire agreement between RedGhost and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of RedGhost, or by the posting by RedGhost of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Wisconsin, USA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Washington County, Wisconsin. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Milwaukee, Wisconsin, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; RedGhost may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.