TERMS AND CONDITIONS
VERSION LAST REVISED ON 27 APRIL 2016
These terms and Conditions (“the Terms and Conditions”) govern the contractual relationship between Pile Buck International, Inc., who trades under the name Steel Giant (“Steel Giant”) and the user (“you or your”) of www.steelgiantmarket.com (“the Site”), including any of the services provided therein (“the Services”).
By using the Site, using the Services, your contractual relationship with Steel Giant shall be governed by these Terms and Conditions and you hereby agree that you have read this document and that you agree to be bound by the terms set out herein.
You may only use the Site or Services if you are an 18 year old human being. No robots allowed!
Changes to this Agreement
Steel Giant reserves the right to change or update the Terms and Conditions at any time by publishing the revised version in place of these terms.
Should the user not be willing to accept the revised Terms and Conditions the user’s sole remedy is to stop using the Site and Services.
Changes to The Services
Steel Giant may, at their sole discretion, without notice, change any aspect of, or the way that we provide, the Services, or even stop them. We can also terminate or restrict access to any given user or group of users, at any time. Certain obligations accruing before any such termination shall not be extinguished as a result of termination.
Steel Giant reserves the right to change, update, limit or terminate any or all of the Services or certain features from time to time. Any change to the Services may be reflected in the subscription cost of the level of Services offered. Any changes, update, upgrade, limitation or termination of the Services shall be notified to you upon it becoming into effect.
Email Registration, Account Security
By creating an account on the Site, you hereby agree that you are solely responsible for maintaining the confidentiality of the password(s) associated with your account. You agree that you will not directly or indirectly allow any third party access to your account details and that you will be solely responsible for all activities and transactions that take place under your account and for any and all use or misuse of your password or account.
If you become aware of any unauthorized use of your account, you agree to notify Steel Giant.
You are fully responsible for all actions that occur under your account or in connection with your account. You agree not to use your account in any unlawful, misleading or fraudulent manner. You are responsible for making sure that your content does not breach these Terms and Conditions. Steel Giant reserves the right to change or delete content that it considers is inappropriate, unlawful or causes any potential liability to Steel Giant.
Services on our Site
The Services Steel Giant offers is a marketplace platform for users to post materials, services and equipment for sale.
Steel Giant don’t offer any of the goods or services on the Site. Steel Giant is therefore not part of the agreement when you purchase any of those goods of services. As such Steel Giant shall not be liable in the event you have a claim in relation to those goods and/or services.
Steel Giant does not recommend the quality or fitness for purpose of any goods or services, nor can it moderate all of the content on the Site, and cannot be liable in relation to any claim a user may have in relation to such goods or services.
Steel Giant also displays content on social media, occasional newsletters and in magazine print (“the Platforms”). You agree that we may use any content that you post on the Site on any of the Platforms and in the Pile Buck Magazine.
Third Party Interference and Damage to Access Devices
Although Steel Giant has security measures in place, you hereby accept that Steel Giant are not responsible for any third party interference with the Site. This includes any access to your account details by third parties, any software implemented into the website that causes any damage to the device used to access the site or anything that causes any damage to you whatsoever caused by third party interference.
You hereby agree that you are responsible for the devices you use to access the Site and its compatibility required to access the site. Steel Giant cannot be held responsible for any bug or improper use of equipment used to access the Site whether through a web browser or device application.
The User shall not use the Site or the Services for any unlawful or inappropriate purpose. Strictly prohibited actions include transmitting material:
that is unlawful, abusive, profane, obscene, vulgar, defamatory, pornographic, threatening, invasive of publicity or privacy rights, or otherwise objectionable;
that violates or infringes upon the rights of others in any way;
that contains any viruses, worms, malware, Trojan horses or other harmful or destructive content;
that encourages others to commit unlawful acts;
that tests, scans or tests our servers or systems;
that is used to break or circumvent any technology, hardware or software we have in place for security of authentication;
that breaches any other party’s Intellectual Property;
that breaches any provision of the CAN-SPAM legislation;
that contains publicity, advertising, or solicitation for goods or services that did not receive prior approval from Steel Giant; and/or
that prevents other users from using and enjoying the Site.
Steel Giant does not and cannot review all content and material posted on the Site. As such, Steel Giant cannot accept responsibility or liability for any material posted by its users.
Steel Giant reserves the right to remove or alter any user’s content or material posted or used as part of the Services for any reason, at its own discretion.
Spam and E-mail Marketing
If you refer other users to the Site you must have their permission to do so. Any solicitation of other persons, without prior contact and permission to join the Site shall be a direct breach of these Terms and Conditions and your account may be suspended or terminated as a result.
If you receive an email(s) that breach this clause, please contact us. Steel Giant ensures that the company and its users comply with the CAN-SPAM legislation.
Ownership, Copyright and Trade-marks
You agree and acknowledge that we own or are licensed to use all copyright, database rights, trade marks and other intellectual property rights in and to all parts of the Site, and to the business of Steel Giant, including the structure, design, essence and layout of the Site and any text placed in it.
You are entitled to use the Site in accordance with these Terms and Service only. You must obtain our prior written consent before you use the Site or any part of it in any other manner than herein prescribed.
If any third party believes that material placed on the Site created by our users infringes on your copyright, you should contact us immediately. We deal with any copyright infringement in accordance with US federal law, in particular the Digital Millennium Copyright Act and after investigation we shall respond by either removing material, disabling links or restricting a user’s account. As we cannot be responsible for all of our user’s content, we cannot be held liable for any infringement of copyright.
Steel Giant reserves the right to terminate, suspend or restrict a user’s account for breach of any term in these Terms and Conditions.
Steel Giant reserves the right to terminate, suspend or restrict a user’s account for any reason at its own discretion.
Where reasonable, Steel Giant will notify users before their account is suspended or terminated.
By using the services, any copyright you own of any material used or posted on the Site shall remain your property. Steel Giant shall retain the copyright of all other material on the Site.
By using or posting content to Steel Giant, you shall agree to give Steel Giant non-exclusive worldwide, royalty-free and transferable license to all past, present and future copyright of that material. Steel Giant may use the material and utilize the copyright in any past, present or future medium available. You represent that you hold all necessary rights in the material to give this license.
The licence shall be unlimited and by supplying this content you shall agree to use of your material in this way. This license remain effective until you delete it, except for comments placed on the Site. In the event that you delete any material, you agree that Steel Giant may retain, your Content.
You further agree to allow Steel Giant to amend your content, prior to or during the display of your content by Steel Giant, for the purposes of improving the content for example, correcting a typo or changing the category it is displayed within.
Steel Giant grants you a non-exclusive, worldwide, non-transferable licence to download, store, display, edit and redistribute your content solely in the connection with your use of the Services.
By posting anything on the Site you shall not infringe a third party’s intellectual property rights. You agree to indemnify Steel Giant in the event that you infringe a third parties intellectual property rights.
Steel Giant, its suppliers, directors, employees, licensors or agents shall not be liable with respect to any subject matter of these Terms and Conditions, or any use by any party of the Site and Services, under any form or causes of action including contract, tort, strict liability or in any other action or dispute, except where such liability is prohibited by law, for:
General, special, incidental or consequential damages;
For interruption of the Services or loss of data;
For any amount exceeding the fees paid for Services during a 12 month period;
For any failure or delay for any reason beyond Steel Giant’s control.
Disclaimer as to the Products and Services
The Site and the Services are provided “as is” and Steel Giant, its directors, employees, contractors, licensors and partners (“the Warrantor Parties”) disclaim all warranties with regard to this Site or Services including all implied warranties of merchantability, fitness for purpose and non-infringement. The Warrantor Parties make no warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You use the Site and Services at your own risk.
The Site and Data Retention
Steel Giant shall endeavour to keep the site and its servers operational 24 hours a day, 365 days per week, however we make no warranty to do so as Server and Site interruption may be the result of external factors outside of the control of Steel Giant.
As a result Steel Giant shall not be responsible for any loss caused to your business because of server or Site downtime.
The user agrees to indemnify, defend and hold harmless Steel Giant, its affiliates and their respective advertisers, agents, licensors, suppliers, officers, directors, shareholders, employees, agents, service providers and other contractors (collectively “Steel Giant Indemnified Parties”) from and against any loss, expense, damage, cost, liability, claim, demand made by a third party, including, but not limited to, reasonable attorneys’ fees, accounting expenses, and legal costs), sustained, incurred or paid by the Steel Giant Indemnified Parties and arising from or related to:
The access or use of the Site and Services by you (or any users of your account), including, without limitation, your or others’ access to Site Content or any content or other materials available by means of third-party websites;
Violation of these Terms and Conditions or breach of the Terms and Conditions (including, without limitation, any representation or warranty contained in this Agreement) or any activity related to your use of the Site; or
Your content or provision to the Site of information or any other products, postings, offerings, data or materials. You will assist and co-operate as fully as reasonably required by the Steel Giant Indemnified Parties. The Steel Giant Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice of any defence by you or any claim as to which you are required to defend, indemnify or hold harmless the Steel Giant Indemnified Parties (the “Indemnified Claim”). You may not settle any Indemnified Claim without the prior written consent of the concerned Steel Giant Indemnified Parties.
Errors on the Site
Although Steel Giant strives to provide reliable and current information through the Site, occasionally, there may be information on the Site that contains typographical errors, inaccuracies, omissions or mistakes that may relate to product descriptions, pricing, promotions, offers, and availability. Accordingly, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information or to refuse, correct or cancel orders, at any time and from time to time without liability and without notice to you or any other person, if any information on the Site is inaccurate, to the extent permitted by law.
If you have any complaints about any of the Services that we provide please contact us to see if we can resolve the issue.
These Terms and Conditions shall be interpreted and construed according to, and governed by, the substantive laws of the state of Florida, excluding any such laws that might direct the application of the laws of another jurisdiction. Any dispute or claim made in relation to these Terms and Conditions or your use of the Site or Services shall be submitted to the exclusive jurisdiction of the courts of Florida.
You understand that these Terms and Conditions represent the entire understanding and constitute the entire agreement between the parties in relation to its subject matter, and supersedes all prior agreements, covenants, arrangements, communications, representations or warranties, whether oral or written, by any officer, agent, employee or representative of either of the parties.
If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining terms will remain in full force and in effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Steel Giant may assign their rights under these Terms and Conditions without limitation. You may assign your rights to any party as long as they agree to be bound by these Terms and Conditions also.
These Terms and Conditions shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.
Any headings used in the Terms and Conditions are for convenience only.
If you have any questions regarding these Terms and Conditions, please contact us.