|
I. General Information
A. Binding Terms and Conditions
Your use of this web site, its content, the
software and associated materials made available through
this web site (collectively, the “Site”) is conditioned on
your acceptance without modification of these terms and
conditions, of which our Privacy Policy forms a part (the
“Terms”).
Using this Site signifies your knowledge of
and agreement to be bound by the Terms. We reserve the right
to modify these terms and conditions at any time without
notice. Any modifications posted on the Site will be
effective immediately. You are responsible for reviewing the
Terms periodically for any such modifications. Your
continued use of the Site indicates your knowledge and
acceptance of the Terms and any subsequent modifications
thereto.
B. Governing Law and Jurisdiction
The Terms are governed by and construed in
accordance with the laws of the State of Galati, Romania,
without regards to its principles of conflicts of law. You
agree to submit to the exclusive jurisdiction of any State
or Federal court located in the state of Galati, Tomania,
and waive any jurisdictional, venue or inconvenient forum
objections to such courts. Your use of the Site constitutes
an agreement by you that any dispute that cannot be resolved
between you and us shall be resolved without resort to any
form of class action.
C. Entire Agreement
If any provision of this Agreement is found to be unlawful,
void or for any reason unenforceable, then that provision
shall be deemed none valid from this Agreement and shall not
affect the validity and enforceability of any remaining
provisions.
II. Conditions and Obligations
A. Technical Configuration
It is your sole responsibility to confirm the technical
compatibility between your computer system and the Site.
B. User Accounts
As the holder of your account, you acknowledge and agree
that you are the sole beneficiary of the account and are
solely responsible for its proper use. Your account is not
transferable to any other person. Accordingly, you may not
allow any other person to access your account or access the
Site, make any deposits; make any payments, using your
account information. By registering and/or purchasing any
products offered on the Site, you agree to indemnify,
defend, and hold our affiliates and us harmless from or for
any claims, liability, damages, and/or costs (including
attorney fees) arising from any such unauthorized use.
The use of your account is subject to the rules and
restrictions contained in these Terms, including those,
which immediately follow. Please be advised that by
registering for an account and/or participating in any
activities offered on the Site, you acknowledge and agree
that we may monitor by any means and at any time your
account information and any and all activities on your
computer while you are in the process of communicating with
the Site and for the purposes of ensuring compliance with
the Terms.
C. Multiple Accounts
We allow only one account per person and only one account
per computer and household or address. We reserve the right
to monitor any effort to establish multiple accounts,
including but not limited to: requiring all accounts to be
individually funded, unique email address, credit card
number/and or Paypal account, and review of IP and MAC
address. If we find any links between user accounts, we may
at our own discretion conclude such accounts to be multiple
accounts belonging to a single user.
D. Access Fraud
You may not (a) gain unauthorized access to the Site’s
systems or any account (other than your own), interfere with
the communications, procedures or performance of the Site or
deliberately damage or undermine the Site, (b) affect the
outcome of products offered on the Site by means of or with
the assistance of automatic, macro, bots, automated
programs, screen analysis utilities, memory readers or
similar methods or to otherwise commit fraud in relation to
the Site, or (c) alter the human skill component of any
program or script. Any attempt to do so will result in civil
and/or criminal prosecution, termination of your user
account and forfeiture of all commissions, bonuses and
incentives to which you would otherwise be entitled.
E. Poor Conduct
You may not engage in any harassment of other members or our
staff, post objectionable material on the Site, provide us
with misleading information, deliberately transfer money
between accounts (i.e. "money laundering"), or breach of any
of the Terms, including the User Code of Conduct. Any
attempt to do so will result in civil and/or criminal
prosecution, termination of your user account and forfeiture
of all earnings, bonuses and incentives to which you would
otherwise be entitled.
F. Temporary Account Suspensions
We reserve the right to temporarily suspend your user
account if we are investigating your activity in relation to
the Site for possible multiple account use, copy rights
infringements, fraud or poor conduct.
H. User Code of Conduct
While using the Site, and as a continuing condition of your
use of the Site, you agree to comply with all applicable
laws, rules and regulations and not to:
Restrict or inhibit any other visitor or
member from using the Site, including, without limitation,
by means of “hacking” or defacing any portion of the Site;
Use the Site, Content or Software for any unlawful purpose;
Express or imply that any statements you make are endorsed
by us, without our prior written consent;
Transmit (a) any content or information that is unlawful,
fraudulent, threatening, abusive, libelous, defamatory,
obscene or otherwise objectionable, or infringes our or any
third party’s intellectual property or other rights; (b) any
material, non-public information about companies without the
authorization to do so; (c) any trade secret of any third
party; or (d) any advertisements, solicitations, chain
letters, pyramid schemes, investment opportunities or other
unsolicited commercial communication (except as otherwise
expressly permitted by us);
Engage in spamming or flooding;
Transmit any software or other materials that contain any
viruses, worms, Trojan horses, defects, date bombs, time
bombs or other items of a destructive nature; Modify, adapt,
sub-license, translate, sell, reverse engineer, decompile or
disassemble any portion of the Site, Content or Software;
Remove any copyright, trademark or other proprietary rights
notices contained in the Site, Content or Software;
“Frame” or “Mirror” any part of the Site without our prior
written authorization;
link to any part of the Site; use any robot, spider, site
search/retrieval application or other manual or automatic
device or process to retrieve, index, “data mine” or in any
way reproduce or circumvent the navigational structure or
presentation of the Site or its contents;
harvest or collect information about Site visitors or
members without their express consent.
I. Taxes
You are solely responsible for paying all federal and other
taxes in accordance with the laws that apply in your state,
province and/or country of residence and complying with any
withholding tax obligations imposed by applicable law in
connection with your activity on the Site
J. Promotions and Privacy
By establishing a user account with the Site, By accepting
any earnings in connection with the Site, you further agree
and authorize us to publish and otherwise use for
promotional purposes your username in any form of media
(newsletters, broadcasts, emails, etc.) without any further
compensation to you.
K. User Material
Except as otherwise provided in our Privacy Policy, any
communication or material you or any other end user posts or
transmits to the Site by electronic mail or otherwise,
including any data, questions, comments, suggestions, or the
like, is and will be treated as, non-confidential and
non-proprietary (“User Material”). Subject to our Privacy
Policy, User Material may be used for any purpose by our
affiliates, or us including, but not limited to,
reproduction, disclosure, transmission, publication,
broadcast and posting. Furthermore, any ideas, concepts,
know-how or techniques contained in any User Material you
provide will become the our sole property and, accordingly,
may be used by us or our affiliates for any purpose
whatsoever including, but not limited to, developing,
manufacturing and marketing products and/or services,
without any additional compensation to you.
WE ARE NOT RESPONSIBLE FOR USER MATERIAL. WE RESERVE THE
RIGHT TO REMOVE ANY USER MATERIAL POSTED ON OR TRANSMITTED
TO THIS SITE THAT WE DETERMINE, IN OUR SOLE DISCRETION,
VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE
RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE. IF YOU
ARE AWARE OF ANY MATERIAL ON THIS WEB SITE, WHICH INFRINGES
THE COPYRIGHT, TRADEMARK, PATENT, OR ANY OTHER RIGHT OF ANY
PERSON, PLEASE NOTIFY US IMMEDIATELY.
L. Export Restrictions
No software on the Site may be downloaded or otherwise
exported or re-exported (a) into (or to a national or
resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or
any other country to which the U.S. has embargoed goods; or
(b) to anyone on the U.S. Treasury Department’s list of
Specially Designated Nationals or the U.S. Commerce
Department’s Table of Deny Orders.
By downloading or using any software on the Site, you
represent and warrant that you are not located in, under the
control of, or a national or resident of any such country or
on any such list. You acknowledge that the software, and any
accompanying documentation or technical information, is
subject to applicable export control laws and regulations of
the United States. You agree not to export or re-export the
software, directly or indirectly, to any countries that are
subject to United States export restrictions.
III. Ownership of Rights
Your use of this Site constitutes
acknowledgement and agreement that the Site and its contents
(other than User Material which is defined in Section II.D.
above): (a) constitute copyrighted material proprietary to
us or our licensors; and (b) contain proprietary and
confidential information, copyrighted material, trademarks,
trade names, service marks, patents and other intellectual
property rights owned by us or our licensors protected by
applicable local, state, federal and international laws.
Accordingly, you may not sell, assign, license, sublicense,
publish, modify, create derivative works from, reverse
engineer, reverse assemble, attempt to discover source code,
or otherwise exploit or transfer any right in the Site or
any portions thereof without our express prior written
permission or that of our licensors. You may not reproduce
or redistribute the Site. Nothing contained in this Site
should be construed as granting, by implication, estoppels
or otherwise, any license or right to use any of its content
other than expressly stated in the Terms. You are advised
the intellectual property rights in and to the Site will be
enforced aggressively to the fullest extent of the law,
including the pursuit of criminal prosecution where
appropriate.
IV. Disclosures
A. Special Programs and Policies
From time to time, we offer certain incentive programs and
policies to users of our Site, including our “Promotional
Policy”. Details about these programs and policies are
available at the Special Programs section of the Site. We
reserve the right to change or cancel any of these programs
and policies at our sole discretion.
V. Legal Risk Management
A. Representations and Warranties /
Disclaimer
THE SITE AND ANY PRODUCTS OR SERVICES OBTAINED
THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES,
LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR
A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM
COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE
AND OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS,
SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE
(IN WHOLE OR IN PART) WILL BE UNINTERRUPTED, ERROR-FREE OR
SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE,
THE SERVER ON WHICH THE SITE IS HOSTED OR SOFTWARE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT
YOU ARE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL
TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO
ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR
STATEMENT BY AFFILIATES OR OUR LICENSORS, SUPPLIERS,
ADVERTISERS, SPONSORS, AGENTS, MEMBERS, US OR VISITORS,
WHETHER MADE IN ANY PART OF THE SITE SHALL CREATE ANY
WARRANTY. YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.
B. Specific Disclaimers Relating to
the Internet
We do not and cannot control the flow of data
via the Internet. Such flow depends in large part on the
performance of internet services provided or controlled by
third parties. At times, actions or inactions of such third
parties can impair or disrupt your connection to the
Internet and the performance of the Site. We use
commercially reasonable efforts we deem appropriate
(including employing security protocols and encryption
methods) to remedy and avoid such events, but cannot
guarantee that such events will not occur. While we attempt
to ensure the integrity and security of the Site, given the
nature of the Internet, we can make no guarantees regarding
the same.
Accordingly, we disclaim any and all
liability resulting from or relating to such events,
including any liability to pay any earnings or incentives
obtained during such events. By using the Site, you
acknowledge and agree that we are not responsible for (a)
any damage, loss or injury resulting from hacking, tampering
or other unauthorized access or use of the Site or your user
account, or (b) any unauthorized use of your credit card or
other method of payment by a third party in connection with
the Site.
In addition, the Site may contain links to
other Internet web sites, which we may or may not own or
operate. We have not reviewed all of the web sites that may
be linked to the Site, and we have no control over such
sites. Unless otherwise explicitly stated, we are not
responsible for the content of such web sites, the terms and
conditions governing their use, any updates or changes to
such sites, or the privacy or other practices of such sites,
and the fact that we offer such links does not indicate any
approval or endorsement of any material contained therein.
We provide these links to you only as a convenience.
Accordingly, we strongly encourage you to become familiar
with the terms of use and practices of any linked site. It
is your sole responsibility to take precautions to ensure
that whatever links you select or software you download
(whether from the Site or other sites) is free of such items
as viruses, worms, Trojan horses, defects, date bombs, time
bombs and other items of a destructive nature.
C. Limitation of Liability
NEITHER WE NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS,
ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS,
OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER
REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR
OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES TO
YOUR COMPUTER, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR
LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT
LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY
WAY TO THE SITE, ANY LINKED WEB SITE OR ANY PRODUCT OR
SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR
DISSATISFACTION WITH THE SITE OR ANY LINKED WEB SITE IS TO
STOP USING THE SITE OR LINKED WEB SITE, AS APPLICABLE. OUR
SOLE AND EXCLUSIVE MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES
AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING,
WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE
TOTAL AMOUNT PAID TO US BY YOU, IF ANY, TO ACCESS THE SITE.
D. Indemnification
You hereby agree to indemnify, defend and hold us, our
affiliates, licensors, suppliers, advertisers and sponsors,
and our and their directors, officers, employees,
consultants, agents and other representatives, harmless from
and against any and all claims, damages, losses, costs
(including reasonable attorneys’ fees) and other expenses
that arise directly or indirectly out of or from: (a) your
breach of the Terms, including any violation of the User
Code of Conduct above; (b) any allegation that any
submissions or other materials you submit to us or transmit
to the Site are libelous, invade another person’s privacy,
or infringe or otherwise violate the copyright, trademark,
trade secret or other intellectual property rights of a
third party; (c) unauthorized use of your account or your
account information; and/or (d) your activities in
connection with the Site.
E. Claims of Copyright Infringement:
Digital Millennium Copyright Act of 1998 (U.S.A.)
The Digital Millennium Copyright Act of 1998 (U.S.A.)
provides recourse for copyright owners who believe that
material appearing on the Internet infringes their rights
under U.S. copyright law.
If you believe, in good faith, that materials on the Site
infringe your copyright, you (or your agent) may send us a
notice requesting that the material be removed, or access to
it blocked. The notice must include the following
information: (a) a physical or electronic signature of a
person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed; (b)
identification of the copyrighted work claimed to have been
infringed (or if multiple copyrighted works located on the
Site are covered by a single notification, a representative
list of such works); (c) identification of the material that
is claimed to be infringing or the subject of infringing
activity, and information reasonably sufficient to allow us
to locate the material on the Site; (d) the name, address,
telephone number and email address (if available) of the
complaining party; (e) a statement that the complaining
party has a good faith belief that use of the material in
the manner complained of is not authorized by the copyright
owner, its agent or the law; and (f) a statement that the
information in the notification is accurate and, under
penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is
allegedly infringed. If you believe in good faith that we
have wrongly filed a notice of copyright infringement
against you, you may send us a counter-notice under the Act.
Notices and counter-notices must meet the then-current
statutory requirements imposed by the Act. See
http://www.loc.gov/copyright/ for details.
We suggest that you consult your legal advisor before
filing a notice or counter-notice as there can be penalties
for false claims under the Act.
Date Created 07/07/2008
|