Crop Terms-and-Conditions
Cherry Reseller Online Program (CROP)
Terms & Conditions
1. Acceptance of Terms
By opening, accessing, using, downloading or browsing Cherry Credits sites including all services and content available on or through Cherry Reseller Online Program ("CROP") and Cherry Credits sites, you as a reseller hereby consent to the Terms of Service herewith.
You agree to sell CC ePins only to end users and at the Suggested Retail Price (“SRP”) set by Cherry Credits. Resellers caught reselling CC ePins at a price not approved by Cherry Credits or resell CC ePins to a non-end user will have their CROP account banned without prior notice. All remaining balance and un-dispensed ePins will be forfeited without any form of refund. Any other violation of the Terms of Service may also result in an immediate termination or suspension of your CROP account.
Your acceptance of these Terms of Service does not entitle you to continued use of, or access to CROP. Cherry Credits reserves the right to deny, per its sole discretion, any reseller access to CROP with or without notice, with or without reason.
Cherry Credits may modify the Terms of Service from time to time, per its sole discretion, or may modify, suspend or discontinue, temporarily or permanently, CROP or any part or feature thereof, with or without notice. You agree to review these Terms of Service from time to time to ensure you are updated as to any modifications.
By continuing to use CROP, following any such modifications, you agree to abide by such modifications. If any modification is not acceptable to you, your sole remedy and recourse is to discontinue use of CROP.
2. Eligibility
In order to use CROP, you must be 18 years of age or over, or of the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years. If you are under the age of 18, you cannot access and / or use CROP.
3. Description of Service
CROP provides a service that allows you to buy and resell CC ePins that are created by Cherry Credits. An "ePin" consist of a string of serial number and a string of security code that allows a user to certain rights and privileges, including game play, virtual currency, and / or items of a particular or series of games, virtual worlds or social networks and other types of digital content such as information, data, text, software, music, sound, photographs, graphics, video, etc.
As used in this Agreement, to "sell" digital content or ePin means to transfer the licensed right of the digital content in accordance with this Agreement; to "buy" digital content or ePin means to receive the licensed right to the digital content or ePin in accordance with this Agreement; to "own" digital content means to hold the rights granted by the Cherry Credits of the digital content. Regardless of the shorthand use of the terms "buy", "sell", and "own" in this Agreement, you do not own any digital content.
You acknowledge that you may find content available through CROP to be objectionable, and you agree that Cherry Credits will have no liability for any content not provided by Cherry Credits.
4. Copyright
All content on CROP, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is the property of Cherry Credits or its content suppliers and is protected by domestic and international copyright laws. The compilation of all content on CROP is the exclusive property of Cherry Credits and is protected by domestic and international copyright laws. All software used on this website is the property of Cherry Credits or its software suppliers and is protected by domestic and international copyright laws.
5. Ownership
All title, ownership rights and intellectual property rights and the software related to CROP and all copies thereof (including without limitation any titles, computer code, themes, objects, concepts, artwork, designs, animations, sounds, musical compositions and recordings, audio-visual effects, methods of operation, moral rights, and any related documentation) are owned or licensed by Cherry Credits. Such software is protected by the copyright laws of the Republic of Singapore, international treaties and conventions, and other laws. Such software may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this Agreement.
6. Software License
For any software authorized for download or online use in connection with a service through CROP, Cherry Credits hereby grants to you a personal, non-exclusive, non-transferable, revocable, limited license to use the software solely for reselling of CC ePins. Such use shall adhere to these Terms of Service without qualification and for no other purpose.
All software is owned by Cherry Credits. Without limiting the foregoing, copying or reproduction of the software to any other server, location or other third party for further reproduction or redistribution in any form is expressly prohibited.
You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license. You may not modify, alter or create any derivative works of any software.
Cherry Credits hereby disclaims all warranties and conditions with regard to the software, whether express, implied or statutory, including all warranties and conditions of merchantability, quality, fitness for a particular purpose, title, non-infringement, and those arising from a course of dealing or usage of trade.
7. Account
You must enroll and create a unique, password-protected account in order to access and / or use CROP. This will be your reseller account. To establish a reseller account, you will be required to provide Cherry Credits with business information according to reseller registration process.
You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration process; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. Cherry Credits reserves the right to block or close your account, without warning, if Cherry Credits discovers you have misrepresented, intentionally or unintentionally, your age or any registration information submitted. You are responsible for maintaining the confidentiality of your password, security PIN and login information. You must notify Cherry Credits immediately of unauthorized use of your password or account, or any other breach of security.
You will be held solely liable to Cherry Credits for any and all actions performed under your account, password and security PIN, performed with or without your authorization.
Password Your password is the key to your account. Use unique numbers, letters, and special characters. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your password or from use by any person of your password to gain access to your account. At no time should you respond to an online request for a password. Cherry Credits will never ask for your password offline or online, except that you will be required to enter your password as part of the login process.
Security PIN Your Security PIN is the security access to your account. Choose a 6 digit number that is unique. You are responsible for maintaining the confidentiality of your security PIN and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your security PIN or from use by any person of your security PIN to gain access to your account. At no time should you respond to an online request for a security PIN. Cherry Credits will never ask for your security PIN offline or online, except that you will be required to enter your security PIN as part of the ePin dispensing process.
8. Restrictions
You promise that (i) you will comply with all provisions of this agreement, (ii) you will not use or manipulate Cherry Credits for any fraudulent activity or purpose, (iii) neither you nor anyone acting on your behalf will engage in any manipulative transaction practices (including, but not limited to, so-called "shill" transactions, using an account to artificially inflate any listing price or the value of any type of digital content, or hoarding digital content), (iv) you will not use Cherry Credits in violation of any law, regulation or ordinance, (v) you will not use an invalid or unauthorized payment account (vi) you will not use someone else's account in connection with Cherry Credits, or attempt to circumvent paying the Cherry Credits service fees, and (vii) you will not engage in any fraud or misrepresentation.
9. Reverse Engineering
You may not reproduce, distribute, translate, rent, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on CROP or any software related to Cherry Credits services, or remove any proprietary notices or labels on the site or any application related to Cherry Credits services.
You will not host, provide or develop matchmaking services for CROP or Cherry Credits services or intercept, emulate or redirect the communication protocols used by Cherry Credits in any way, including without limitation through protocol emulation, tunnelling, packet sniffing, modifying or adding components to CROP or Cherry Credits services, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including without limitation unauthorized network services over the Internet.
You will not facilitate, create or maintain any unauthorized connection to CROP or Cherry Credits services, including without limitation any connection to any unauthorized server that emulates, or attempts to emulate the application. All connections to CROP and / or Cherry Credits services may only be made through methods and means expressly approved by Cherry Credits. Under no circumstances may you connect, or create tools that allow you or others to connect, to the Cherry Credits proprietary interface other than those expressly provided by Cherry Credits for public use.
9. Termination
You agree that Cherry Credits, at its sole discretion, may terminate your use of CROP, for any reason, including, without limitation, if Cherry Credits believes that you have violated or acted inconsistently with these Terms of Service. You agree that any termination of your access to CROP may be affected without prior notice, and acknowledge and agree that Cherry Credits may immediately deactivate or delete your account and all related information and files associated with it and/or bar any further access to CROP. Cherry Credits shall not be liable to you or any third party for any termination of your access to CROP. Banned, termination or suspension of your account for any reason may, per Cherry Credits' sole discretion, results in access to your account balance to be forfeited as well.
10. Warranty Disclaimer
Your use of CROP is at your sole discretion and risk. CROP and all content, materials and information included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind.
Cherry Credits expressly disclaims all warranties of any kind, express, implied or statutory, relating to the website, including without limitation the warranties of title, merchantability, fitness for a particular purpose, non-infringement, course of dealing or course of performance.
Use of CROP is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data or other harm that results from such activities. Cherry Credits further expressly disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the CROP; (ii) regarding the content, services, advice, information or links provided by any third party on or through CROP; (iii) that CROP will meet your requirements; or (iv) that CROP will be error-free or uninterrupted. No advice or information, whether oral or written, obtained by you from Cherry Credits sites or from your use of CROP, shall create any warranty not expressly stated in these terms of service or service agreements.
11. Limitation of Liability
Cherry Credits will not be liable for any indirect, special, incidental, consequential, exemplary or punitive damages (including loss of use, data or profits, cost of procuring substitute products or business interruption), whether based on contract, warranty, tort (including negligence), strict liability or any other legal theory, arising out of or in connection with your use of CROP, any materials available to you from or through the Cherry Credits sites (including such damages incurred by third parties), whether the damages are foreseeable and whether or not Cherry Credits has been advised of the possibility of such damages.
12. Disputes
If a dispute arises between you and Cherry Credits, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. You and Cherry Credits agree to resolve any claim or controversy, at law or equity that arises out of or relates to this Agreement (a "claim") in accordance with this section. This Section (Disputes) shall not apply to the extent prohibited by applicable law.
The parties agree that any claim or dispute one party has against the other party arising under or relating to this Agreement must be resolved exclusively by a court of competent jurisdiction, federal or state, located in the Republic of Singapore and no other court. Each party agrees to submit to the personal jurisdiction of such courts and to accept service of process from them.
13. Indemnification
You agree to indemnify and hold Cherry Credits and any of its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Services or any service agreements it incorporates by reference, or your violation of any law or the rights of a third party.
14. Waiver
The failure of Cherry Credits to enforce any provision of these Terms of Service shall not be construed as a waiver or limitation of Cherry Credits' right subsequently to enforce and compel strict compliance with every provision of these Terms of Service.
15. Remedies
You acknowledge that violation of these Terms of Service could cause irreparable harm for which monetary damages may be difficult to ascertain or an inadequate remedy. You therefore, agree that Cherry Credits shall be entitled, in addition to its other rights, to seek and obtain injunctive relief for any violation of these Terms of Service without the filing or posting of any bond or surety. Furthermore, in the event a lawsuit or action is brought by any party under these Terms of Service to enforce any of its terms, it is agreed that if Cherry Credits shall be deemed to be the prevailing party as determined by final judgment, not subject to appeal, of a court of competent jurisdiction, Cherry Credits shall be entitled to recovery of reasonable attorney's fees, expert fees, litigation expenses and court costs in addition to any other relief granted by the court.
16. Severability
If any term or provision in these Terms of Service is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final and non-appealable, then, the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken here from in its entirety, and unless such term or provision is material to the performance of these Terms of Service, the remainder of these Terms of Service shall survive with the said offending provision eliminated.