Social Send reserves the right to change or modify the terms and conditions contained in these Terms, including but not limited to any policy or guideline of the Site, at any time and at its sole discretion. We will provide notice of these changes by posting the revised Terms to the Site and changing the "Last Revised" date at the top of the Terms, or by emailing Users at their provided email addresses, or by any other means as determined by Social Send. Method of notification will be left to social send’s sole discretion. Using a particular form of notice in some instances does not obligate us to use the same form in other instances. Any changes or modifications will be effective immediately upon posting the revisions to the Site or at the instant that Social Send transmits the information to the Users (e.g. via email). These changes will apply at that instant to all then current and subsequent uses of the Site. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site acts as acceptance of such changes or modifications. If you do not agree to the Terms in effect when you access or use the Site, you must stop using the Site.
Social Send provides an online service (the “Platform”) that allows Users to send and receive cryptocurrency to other users..
By accessing or using the Site, you represent and warrant that you are at least 18 years old and have not previously been suspended or removed from the Site.
You represent and warrant that you will not be using this site for any illegal activity, including but not limited to illegal gambling, money laundering, fraud, blackmail, extortion, ransoming data or the financing of terrorism, or other violent activities.
In order to access and use the Services, you must create an account with Social Send (an “Account”). You agree to:
(a) provide accurate, current and complete information when creating the Account;
(b) maintain and promptly update your Account information to keep it accurate, complete, and current;
(c) maintain the security and confidentiality of your login credentials and restrict access to your Account and your computer, tablet, or mobile device;
(d) promptly notify Social Send if you discover or otherwise suspect any security breaches related to the Site or your Account; and
(e) take responsibility for all activities that occur under your Account and accept all risks of unauthorized access.
You must provide Social Send with a valid email address to create an Account. You agree to keep your email address on file with us updated. You may withdraw your consent to receive emails by sending a withdrawal notice to Social Send, understanding that Social Send may suspend or terminate your ability to use the Services. You understand and agree that if Social Send sends you an electronic communication but you do not receive it because your email address on file is incorrect or out of date, or because our email is blocked by your service provider or intercepted by your spam filter, or you are otherwise unable to receive electronic communications, Social Send will be deemed to have provided the communication to you regardless.
Social Send does not allow Users to exchange Tokens for money; Users can only send, receive and store Tokens funded. In order to fund your Account and begin social sending, you will need to first procure Tokens. Once procured, you must send Tokens to the address provided by Social Send and wait for the balance to appear in your Account. It is your responsibility to ensure you send Tokens to the correct address provided for that particular Token, else your funds may never be recovered. Social Send makes no representations or warranties regarding the amount of time that may be required to complete transfer of your Tokens from a third party wallet or other source and have such Tokens become available in your Account.
When you elect to transfer Tokens from your Account to a third party wallet or other location, it is always possible the party administering the new location may reject your transfer or that the transfer may fail due to technical or other issues affecting our platform. You agree that you shall not hold Social Send liable for any damages arising from a rejected transfer.
Social Send reserves the right to limit the number of Accounts that any User or such User’s affiliates can open or hold.
Social Send provides an execution-only service and does not advise on the merits of any particular transactions or their tax consequences. As a general matter, Users should be aware of the following prior to utilizing our Services.
Understanding Tokens requires advanced technical knowledge. Tokens are often described in exceedingly technical language that requires a comprehensive understanding of applied cryptography and computer science in order to appreciate inherent risks. Listing of a Token on Social Send does not indicate approval or disapproval of the underlying technology regarding any Token, and should not be used as a substitute for your own understanding of the risks specific to each Token. We give you no warranty as to the suitability of the Tokens traded under these Terms and assume no fiduciary duty in our relations with you.
You are responsible for complying with applicable law. You agree that Social Send is not responsible for determining whether or which laws may apply to your transactions, including tax law. You are solely responsible for reporting and paying any taxes arising from your use of the Services.
You are aware of and accept the risk of operational challenges. Social Send may experience sophisticated cyber attacks, unexpected surges in activity, or other operational or technical difficulties that may cause interruptions in the Service. You understand that the Service may experience operational issues that lead to delays on our platform. You agree to accept the risk of transaction failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks. You agree not to hold Social Send accountable for any related losses.
Users accept all consequences of sending Tokens to an address off our platform. Token transactions may not be reversible. Once you send Tokens to an address, you accept the risk that you may lose access to your Tokens indefinitely. For example, an address may have been entered incorrectly and the true owner of the address may never be discovered, or an address may belong to an entity that will not return your Tokens, or an address belongs to an entity that may return your Tokens but first requires action on your part, such as verification of your identity.
Social Send grants you a limited, nonexclusive, nontransferable license, subject to these Terms, to access and use the Services, and the content, materials, information, and functionality available in connection therewith (collectively, the “Content”) solely for information, transactional, or other approved purposes as expressly permitted by Social Send from time to time. Any other use of the Services or Content is expressly prohibited. All other rights in the Platform or Content are reserved by us and our licensors. You will not otherwise copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Content or any other part of the Services or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the Site or Content (or any portion thereof) as part of any other web site or any other work of authorship without the prior written permission of Social Send. If you violate any portion of these Terms, your permission to access and use the Platform may be terminated immediately pursuant to these Terms. In addition, we reserve the right to avail ourselves of all remedies available at law and in equity for any such violation. “socialsend.net”, “Social Send”, and all logos related to the Services or displayed on the Site are either trademarks or registered marks of Social Send or its licensor. You may not copy, imitate or use them without Social Send’s prior written consent.
In consideration for the use of the Services, you agree to pay to Social Send the fees for completed transfers at flat rate of 1%, which Social Send may revise or update in its sole discretion from time to time. You authorize Social Send to deduct any applicable fees from your Account at the time you make a given transaction. Changes to the fees are effective as of the date set forth in any revision and will apply prospectively from that date forward.
Social Send does not, as a general rule, participate in promotions without an official pronouncement, either on our Site or elsewhere. You promise to obtain prior written approval prior to releasing any statements, written media releases, public announcements and public disclosures, including promotional or marketing materials, relating to Social Send.
Social Send does not have any ability to prevent or mitigate attacks on blockchain networks. With respect to its platform, Social Send reserves the right to halt transfers, deposits, and withdrawals immidiately for Token if Social Send is able to confirm that a such Token active on the Platform has been compromised or is under attack.
Resolutions concerning deposits, withdrawals, and User balances for an attacked Token will be determined on a case-by-case basis by Social Send in its sole discretion. Social Send makes no representation and does not warrant the safety of the Platform and is not liable for any lost value or stolen property, whether or not Social Send was negligent in providing the proper security.
Social Send protects itself from involvement in any activity that facilitates money laundering or other criminal activities. Social Send aims to reasonably identify each User by cross-checking User data through the utilization of 3rd party identity verification and authentication services. If a User or a User’s transaction is flagged as suspicious through our internal controls, Social Send will require additional proof of identification from the User and has the right to not permit any trades, deposits, and/or withdrawals until additional and verifiable proof of identity satisfactory to Social Send in its sole discretion is received and Social Send has approved the User for use of the Platform.
By agreeing to our Terms, you acknowledge and understand that Social Send maintains verification levels which require User participation and verification in order to obtain, with leveled permissions based on User-supplied information, our ability to verify it, and our internal policies. You accept that you may not be able to achieve a desired level of verification, and Social Send reserves the right to determine, at its sole discretion, the appropriate verification level and criteria for any User, as well as the right to downgrade Users without prior notice. Social Send may, from time to time, implement policies restricting verification levels and criteria by nationality, country of residence, or any other factor. This may affect your ability to withdraw Tokens and you agree to indemnify, defend and hold harmless Social Send against any losses associated with an inability to deposit and/or withdraw Tokens based on the verification level assigned by Social Send to your Account.
Social Send and its Users may provide third party content on the Site and may provide links to web pages and content that are not owned or controlled by Social Send (collectively the "Third Party Content") as a service to those interested in this information. Social Send does not control, endorse, or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including but not limited to its accuracy or completeness. You acknowledge and agree that Social Send is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. You acknowledge that your use of such Third Party Content is at your own risk. Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third parties. Social Send is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third Party Content on the Site.
You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or commentary you provide on our platform or one of our social media accounts, regarding Social Send or the Services (collectively, "Feedback") that are provided by you, whether by email, posting to the Site or otherwise, are non-confidential and will become the sole property of Social Send. Social Send will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
In connection with your use of the Services and in addition to the list of prohibited activities in Section 1 above, you will not:
Violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which you are or are required to be a member through your use of the Services;
Provide false, inaccurate, incomplete or misleading information;
Infringe upon Social Send’s or any third party’s copyright, patent, trademark, or intellectual property rights;
Distribute unsolicited or unauthorized advertising or promotional material, any junk mail, spam, or chain letters;
Use a web crawler or similar technique to access our Services or to extract data,
Reverse engineer or disassemble any aspect of the Site or Services in an effort to access any source code, underlying ideas and concepts, and algorithms;
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information;
Transmit or upload any material to the Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;
Otherwise attempt to gain unauthorized access to the Site, other Social Send Accounts, computer systems or networks connected to the Site, through password mining or any other means; or
Transfer any rights granted to you under these Terms.
While the Account and the Services provided to a User are not transferable under any circumstance and shall be used only by the User, Social Send shall have the right to transfer, assign, or sell all the rights, benefits, or obligations to any person and these Terms shall continue to be in force and effect for the benefit of the successors and assigns of Social Send or its lenders, if any.
Social Send does not own or control any of the underlying software through which blockchain networks are formed and Tokens are created and transacted. In general, the underlying software for blockchain networks tends to be open source such that anyone can use, copy, modify, and distribute it. By using the Services, you acknowledge and agree
(i) that Social Send is not responsible for operation of the underlying software and networks that support Tokens and that Social Send makes no guarantee of functionality, security, or availability of such software and networks; and
(ii) that the underlying protocols are subject to sudden changes in operating rules (a/k/a “Forks”), and that such Forks may materially affect the value, function, and/or even the name of the Tokens you store in your Account. In the event of a Fork, you agree that Social Send may temporarily suspend the Services (with or without advance notice to you) and that Social Send may, in its sole discretion,
(a) configure or reconfigure its systems or
(b) decide not to support (or cease supporting) the Forked network entirely, provided, however, that you will have an opportunity to withdraw Tokens on at least one of still existant underlying networks. You acknowledge and agree that Social Send assumes absolutely no responsibility whatsoever in respect of any underlying software protocols, whether Forked or not.
Social Send may delist a Token at any time in its sole discretion based on a number of factors, one of which may include changes in a given Token’s characteristics after Social Send has listed the Token.
A transaction on the Platform may fail for several reasons, including but not limited to change in seller prices, low volume, or unanticipated technical difficulties. We make no representation or warrant that any transaction will be executed properly. Social Send is under no circumstances liable for any loss or injury suffered by a failure of a transaction to complete properly or in a timely manner. Further, Social Send is in no way responsible for notifying you of a transaction failure. The User has full responsibility to determine and inquire into the failure of any transaction the User initiates.
In the event that you receive any data, information, or software through our Services other than that which you are entitled to receive pursuant to these Terms, you will immediately notify us and will not use, in any way whatsoever, such data, information, or software. If you request a withdrawal of Tokens and we cannot comply with it without closing some part of your open positions, we will not comply with the request until you have closed sufficient positions to allow you to make the withdrawal.
Social Send may refuse to execute a transfer, impose transfer amount limits or restrictions at any time in its sole discretion without notice. Specifically, Social Send reserves the right to refuse to process, or the right to cancel or reverse, any transaction or disable a User’s deposit address on the Platform where Social Send suspects the transaction involves money laundering, terrorist financing, fraud, or any other type of crime or if Social Send suspects the transaction relates to a prohibited use as stated in our Terms, including transactions involving the opening of an Account and subsequent closure without any actual transaction. Social Send provides deposit Accounts to enable trading using the Services and does not allow Users to use such Accounts as a web wallet or address changing service. We reserve the right to halt deposit activity at our sole discretion. While Social Send may in its discretion reverse a transaction, a User may not change, withdraw, or cancel its authorization to make a transaction.
Social Send may correct, reverse, or cancel any transaction impacted by an error in processing your transaction or otherwise. Your remedy in the event of an error will be limited.
Social Send provides its Users with a platform that allows users to store, send and receive tokens to other people or from other people.
Social Send may
(a) suspend or terminate your access to the Services, and
(b) deactivate or cancel your Account as required by a valid subpoena or court order, or if Social Send suspects you or others of using your Account in furtherance of illegal activity. You will be permitted to transfer Tokens associated with your Account for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, or (ii) by a valid subpoena or court order. If any transaction is in a pending state at the time your Account is cancelled or suspended, such transaction may be cancelled and/or refunded as appropriate. You may not cancel your Account if Social Send believes in its sole discretion that such cancellation is being performed in an effort to evade an investigation or avoid paying any amounts otherwise due to Social Send. Upon cancellation of your Account, you authorize Social Send to cancel or suspend pending transactions and, after providing electronic notice to you, return the Tokens associated with such transactions to the wallet address you provide to Social Send. In the event that you or Social Send terminates this agreement or your access to the Services, or deactivates or cancels your Account, you will remain liable for all amounts due hereunder. In the event that a technical problem causes system outage or Account errors, Social Send may temporarily suspend access to your Account until the problem is resolved.
You hereby certify to us that any Tokens used by you in connection with the Platform are either owned by you or that you are validly authorized to carry out transactions using such Tokens, and that all transactions initiated with your Account are for your own Account and not on behalf of any other person or entity.
You agree to indemnify, defend and hold Social Send, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees, and representatives, harmless from any claim or demand (including attorneys’ fees and costs and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to
(i) your breach of these Terms,
(ii) your use of Services, or
(iii) your violation of any law, rule, or regulation, or the rights of any third party.
Social Send PROVIDES NO GUARANTEE AS TO THE PERFORMANCE OR THE UNINTERRUPTED AVAILABILITY OF THE SERVICES. THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Social Send DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES. Social Send DOES NOT REPRESENT OR WARRANT THAT THE SERVICES AND THE INFORMATION CONTAINED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. Social Send WILL MAKE REASONABLE EFFORTS TO ENSURE THAT TRANSACTIONS ON THE PLATFORM ARE PROCESSED IN A TIMELY FASHION, BUT MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AMOUNT OF TIME NEEDED TO PROCESS SUCH TRANSACTIONS. BECAUSE TOKEN TRANSFERS ON AND OFF THE PLATFORM ARE DEPENDENT UPON MANY FACTORS OUTSIDE OF OUR CONTROL INCLUDING DENIAL OF SERVICE ATTACKS AND THE LIQUIDITY OF THE TOKENS TRADED ON OUR PLATFORM, AMONG OTHER FACTORS, SOCIAL SEND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUCCESS OF, OR THE AMOUNT OF TIME NEEDED FOR, TOKEN TRANSACTIONS. YOU ALSO ACKNOWLEDGE THAT ANY INFORMATION THAT YOU STORE OR TRANSFER USING THE SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, THIRD PARTY PROTOCOL CHANGES, INTERNET OUTAGES, THIRD PARTY DENIAL OF SERVICE ATTACKS, ACTS OF GOD OR UNSCHEDULED MAINTENANCE. YOU ARE ENCOURAGED TO BACK UP AND SAFEGUARD YOUR INFORMATION, INCLUDING LOGIN CREDENTIALS, AT ALL TIMES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
Additionally, you acknowledge that Social Send does not act or serve as your broker, intermediary, agent, or advisor with respect to any transaction you make or propose to make using the Services and owes you no fiduciary duty.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Social Send SHALL HAVE NO LIABILITY FOR ANY DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR TORT DAMAGES, OR LOST PROFITS) IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF SOCIAL SEND HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SOCIAL SEND’S LIABILITY FOR MONEY DAMAGES UNDER THESE TERMS EXCEED THE AMOUNT OF FEES RECEIVED FROM YOU DURING THE PRECEDING SIX (6) MONTH PERIOD.
If under Section 23 below a legal or equitable claim is subject to arbitration, you agree that the Federal Arbitration Act and federal arbitration law apply. If under Section 23 below a legal or equitable claim is not subject to arbitration, you agree that federal law and the laws of Massachusetts, without resorts to Massachusetts’s conflict of law provisions, apply. You agree that any legal or equitable claim arising out of or relating to your use of the Services or these Terms that is not subject to arbitration will be filed only in the state courts of Suffolk County, Massachusetts or the Federal Courts of the District of Massachusetts. You irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Terms.
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Any delay or failure by Social Send to enforce any of its rights shall not constitute a continuing waiver of such rights.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us constitutes the entire agreement and understanding between you and us and govern your use of the Services, 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 these Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
In addition to applicable disclaimers stated above, Social Send's performance under these Terms shall be excused in the event of interruption and/or delay due to, or resulting from, causes beyond its reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, snow storm, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labor disputes or controversies, acts of any third party data provider(s) or other third party information provider(s), third party software, or communication method interruptions.
Please check the Twitter Account before contacting support: Social Send Twitter.
To contact support, go to Social Send Support and open a ticket. Please provide all relevant information, including your Social Send Username and transaction IDs of any related deposits. Although we make no representations or provide no warranties about the speed of response, we will get back to you as soon as possible.