|
Please
read and abide by the terms and conditions of EmarketersClub.com as set
forth in this agreement. You must agree to these terms and conditions
prior to joining EmarketersClub.com
WEBSITE SERVICE AGREEMENT/TERMS OF USE
The
services that EmarketersClub.com provide to Member are subject to the
following Terms of Use ("TOU" or “Agreement”).
EmarketersClub.com require that all persons or entities visiting this
Website and those that become a Member agree to the TOU. Please read
the TOU carefully before continuing on with your use of this Website or
becoming a Member of the Website. The TOU shall govern the use of the
Website and apply to all Internet traffic visiting the Website.
1. ACCEPTANCE OF TERMS AND BINDING EFFECT
THIS
IS A BINDING AGREEMENT. BY USING AND/OR VISITING THIS WEBSITE
(COLLECTIVELY, INCLUDING ALL CONTENT AVAILABLE THROUGH THE
EmarketersClub.com DOMAIN NAME, THE “WEBSITE”), YOU
(“Member,” “YOU” OR “YOUR”) SIGNIFY
YOUR ASSENT TO THE TOU, THE WEBSITE’S PRIVACY POLICY, WHICH IS
PUBLISHED AT EMARKETERSCLUB.COM AND
LICENSES OBTAINED FROM THE UTILIZATION OF THE WEBSITE’S SERVICES
AND WHICH ARE INCORPORATED HEREIN BY REFERENCE.
IT IS YOUR RESPONSIBILITY TO REVIEW THE TOU PERIODICALLY. IF AT
ANY TIME YOU FIND THE TOU AND INCORPORATED AGREEMENTS UNACCEPTABLE, YOU
MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE ALL USE OF THE SERVICES
AND THE WEBSITE. YOU AGREE THAT BY USING THE SERVICES YOU REPRESENT
THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO
ENTER INTO THIS AGREEMENT.
A. EmarketersClub.com reserve the right to update the TOU at any time without notice to Member.
B.
The right to use EmarketersClub.com is personal to Member and is not
transferable to any other person or entity. Member is responsible for
all use of Member's Account (under any screen name or password) and for
ensuring that all use of Member's Account complies fully with the
provisions of this Agreement. Member shall be responsible for
protecting the confidentiality of Member's password(s), if any.
C.
EmarketersClub.com shall have the right at any time to change or
discontinue any aspect or feature of EmarketersClub.com, including, but
not limited to, content, hours of availability, and equipment needed
for access or use.
2. CHANGED TERMS
The
most current version of the TOU can be reviewed by clicking on the
"Terms of Use" hypertext link located or published at the bottom of our
Web pages. EmarketersClub.com shall have the
right at any time to change or modify the terms and conditions
applicable to Member's use of EmarketersClub.com, or any part thereof,
or to impose new conditions, including, but not limited to, adding fees
and charges for use. Such changes, modifications, additions or
deletions shall be effective immediately upon notice thereof, which may
be given by means including, but not limited to, posting on
EmarketersClub, or by electronic or conventional mail, or by any other
means by which Member obtains notice thereof. Any use of
EmarketersClub.com by Member after such notice shall be deemed to
constitute acceptance by Member of such changes, modifications or
additions.
3. DESCRIPTION OF SERVICES
Through
the Website and its Web property, EmarketersClub.com provides Member
with access to a variety of resources, including download areas,
software, communication forums and product information (collectively
"Services"). The Services, including any updates, enhancements, new
features, and/or the addition of any new Web properties, are subject to
the TOU, the privacy policy and licenses.
4. EQUIPMENT
Member
shall be responsible for obtaining and maintaining all telephone,
computer hardware, software and other equipment needed for access to
and use of EmarketersClub.com and all charges related thereto.
5. MEMBER CONDUCT AND PROHIBITIONS
A.
Member shall use EmarketersClub.com for lawful purposes only. Member
shall not post or transmit through EmarketersClub.com any material
which violates or infringes in any way upon the rights of others, which
is unlawful, threatening, abusive, defamatory, invasive of privacy or
publicity rights, vulgar, obscene, profane or otherwise objectionable,
which encourages conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate any law, or which, without
EmarketersClub.com express prior approval, contains advertising or any
solicitation with respect to products or services. Any conduct by
Member that in EmarketersClub.com discretion restricts or inhibits any
other Member from using or enjoying EmarketersClub.com will not be
permitted. Member shall not use EmarketersClub.com to advertise or
perform any commercial solicitation, including, but not limited to, the
solicitation of Members to become subscribers of other on-line
information services competitive with EmarketersClub.com.
B.
EmarketersClub.com contains copyrighted material, trademarks and
other proprietary information, including, but not limited to, text,
software, photos, video, graphics, music and sound, and the entire
contents of EmarketersClub.com are copyrighted as a collective work
under the United States copyright laws. EmarketersClub.com owns
a copyright in the selection, coordination, arrangement and enhancement
of such content, as well as in the content original to it. Member may
not modify, publish, transmit, participate in the transfer or sale,
create derivative works, or in any way exploit, any of the content, in
whole or in part. Member may download copyrighted material for Member's
personal use only. Except as otherwise expressly permitted under
copyright law, no copying, redistribution, retransmission, publication
or commercial exploitation of downloaded material will be permitted
without the express permission of EmarketersClub.com and the copyright
owner. In the event of any permitted copying, redistribution or
publication of copyrighted material, no changes in or deletion of
author attribution, trademark legend or copyright notice shall be made.
Member acknowledges that it does not acquire any ownership rights by
downloading copyrighted material.
C.
Member shall not upload, post or otherwise make available on
EmarketersClub.com any material protected by copyright, trademark or
other proprietary right without the express permission of the owner of
the copyright, trademark or other proprietary right and the burden of
determining that any material is not protected by copyright rests with
Member. Member shall be solely liable for any damage resulting from any
infringement of copyrights, proprietary rights, or any other harm
resulting from such a submission. By submitting material to any public
area of EmarketersClub.com, Member automatically grants, or warrants
that the owner of such material has expressly granted
EmarketersClub.com the royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate and distribute such material (in whole or in part)
worldwide and/or to incorporate it in other works in any form, media or
technology now known or hereafter developed for the full term of any
copyright that may exist in such material. Member also permits any
other Member to access, view, store, or reproduce the material for that
Member's personal use. Member hereby grants EmarketersClub.com the
right to edit, copy, publish and distribute any material made available
on EmarketersClub.com by Member.
D.
The foregoing provisions of Section 5 are for the benefit of
EmarketersClub.com, its subsidiaries, affiliates and its third party
content providers and licensors and each shall have the right to assert
and enforce such provisions directly or on its own behalf.
6. USE OF SERVICES AND PROHIBITIONS
A.
The Services may contain email services, bulletin board services, blog
services, chat areas, news groups, forums, communities, personal web
pages, calendars, photo albums, file cabinets and/or other message or
communication facilities designed to enable Member to communicate with
others (each a "Communication Service" and collectively "Communication
Services"). Member agrees to use the Communication Services only to
post, send and receive messages and material that are proper and, when
applicable, related to the particular Communication Service. By way of
example, and not as a limitation, Member agrees that when using the
Communication Services, Member will not:
• Use the
Communication Services in connection with surveys, contests, pyramid
schemes, chain letters, junk email, spamming or any duplicative or
unsolicited messages (commercial or otherwise);
• Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity) of others;
• Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, obscene, indecent or unlawful
topic, name, material or information;
• Upload, or otherwise make available, files that contain
images, photographs, software or other material protected by
intellectual property laws, including, by way of example, and not as
limitation, copyright or trademark laws (or by rights of privacy or
publicity) unless Member own or control the rights thereto or have
received all necessary consent to do the same;
• Use any material or information, including images or
photographs, which are made available through the Services in any
manner that infringes any copyright, trademark, patent, trade secret,
or other proprietary right of any party;
• Upload files that contain viruses, Trojan horses, worms,
time bombs, cancelbots, corrupted files, or any other similar software
or programs that may damage the operation of another's computer or
property of another;
• Advertise or offer to sell or buy any goods or services for
any business purpose, unless such Communication Services specifically
allows such messages;
• Download any file posted by another Member of a
Communication Service that Member know, or reasonably should know,
cannot be legally reproduced, displayed, performed, and/or distributed
in such manner;
• Falsify or delete any copyright management information,
such as author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software
or other material contained in a file that is uploaded;
• Restrict or inhibit any other Member from using and enjoying the Communication Services;
• Violate any code of conduct or other guidelines which may
be applicable for any particular Communication Service;
• Harvest or otherwise collect information about others, including email addresses;
• Violate any applicable laws or regulations;
• Create a false identity for the purpose of misleading others;
• Use, download or otherwise copy, or provide (whether or not
for a fee) to a person or entity any directory of Members of the
Services or other Member or usage information or any portion thereof.
B.
EmarketersClub.com has no obligation to monitor the Communication
Services. However, EmarketersClub.com reserves the right to review
materials posted to the Communication Services and to remove any
materials in its sole discretion. EmarketersClub.com reserves the right
to terminate Member’s access to any or all of the Communication
Services at any time, without notice, for any reason whatsoever.
EmarketersClub.com reserves the right at all times to disclose any
information as it deems necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse
to post or to remove any information or materials, in whole or in part,
in EmarketersClub.com sole discretion.
C.
Materials uploaded to the Communication Services may be subject to
posted limitations on usage, reproduction and/or dissemination; Member
is responsible for adhering to such limitations if Member downloads the
materials.
D. Always use caution
when giving out any personally identifiable information in any
Communication Services. EmarketersClub does not control or endorse the
content, messages or information found in any Communication Services
and, therefore, EmarketersClub.com specifically disclaims any liability
with regard to the Communication Services and any actions resulting
from Member’s participation in any Communication Services.
Managers and hosts are not authorized EmarketersClub spokespersons, and
their views do not necessarily reflect those of EmarketersClub.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If
any of the Services requires Member to open an account, Member must
complete the registration process by providing EmarketersClub.com with
current, complete and accurate information as prompted by the
applicable registration form as well as agree to all terms the
Services. Member also will choose a password and a Member name. Member
is entirely responsible for maintaining the confidentiality of
Member’s password and account. Furthermore, Member is entirely
responsible for any and all activities that occur under Member’s
account. Member agrees to notify EmarketersClub immediately of any
unauthorized use of Member’s account or any other breach of
security. EmarketersClub.com will not be liable for any loss
that Member may incur as a result of someone else using Member’s
password or account, either with or without Member’s knowledge.
However, Member could be held liable for losses incurred by
EmarketersClub.com or another party due to someone else using
Member’s account or password. Member may not use anyone else's
account at any time, without the permission of the account holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
A.
Any software that is made available to download from the Services
("Software") is the copyrighted work of EmarketersClub.com and/or its
suppliers. Use of the Software is governed by the TOU or any
accompanying license agreement.
B.
The Software is made available for download solely for use or personal
use by end Members according to the TOU or any accompanying license
agreement. Any reproduction or redistribution of the Software not
in accordance with the License Agreement is expressly prohibited by
law, and may result in severe civil and criminal penalties. The
Software is made available for download solely for use or personal use
by end Members according to the accompanying license agreement.
Violators will have their licenses, provided with each product
download, revoked if they do not follow these terms and will be
prosecuted to the maximum extent possible.
C.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE
TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT
ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY
ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN
THE LICENSE AGREEMENT, EmarketersClub.COM. HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED
OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
D. FOR YOUR
CONVENIENCE, EmarketersClub.com MAY MAKE AVAILABLE AS PART OF THE
SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE
AND/OR DOWNLOAD. EmarketersClub.com DOES NOT MAKE ANY ASSURANCES WITH
REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH
USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL
PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE
AVAILABLE ON THE SERVICES.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
A.
Permission to use Documents (such as white papers, press releases,
datasheets and FAQs) from the Services is granted, provided that (1)
the below copyright notice appears in all copies and that both the
copyright notice and this permission notice appear, (2) use of such
Documents from the Services is for informational and non-commercial or
personal use only and will not be copied or posted on any network
computer or broadcast in any media, and (3) no modifications of any
Documents are made. Accredited educational institutions, such as
universities, private/public colleges, and state community colleges,
may download and reproduce the Documents for distribution in the
classroom. Distribution outside the classroom requires express written
permission. Use for any other purpose is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators will
be prosecuted to the maximum extent possible.
B. AFFILIATEPROFITSCLUB.COM
AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED
GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH
DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND. EmarketersClub.com AND/OR ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER
EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. IN NO EVENT SHALL EmarketersClub.com AND/OR ITS
RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF
USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR
OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
C.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION
HEREIN. AFFILIATEPROFITSCLUB.COM AND/OR ITS RESPECTIVE SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE
PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN
NO EVENT SHALL AFFILIATEPROFITSCLUB.COM AND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO AFFILIATEPROFITSCLUB.COM OR POSTED AT ANY OF ITS WEBSITES
A.
EmarketersClub.com do not claim ownership of the materials Member
provide to EmarketersClub. (including feedback and suggestions) or
post, upload, input or submit to any Services or its associated
services for review by the general public, or by the Members of any
public or private community, (each a "Submission" and collectively
"Submissions"). However, by posting, uploading, inputting, providing or
submitting ("Posting") Member’s Submission Member is granting
EmarketersClub, its affiliated companies and necessary sublicensees
permission to use Member’s Submission in connection with the
operation of their Internet businesses (including, without limitation,
all EmarketersClub.com Services), including,
without limitation, the license rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and
reformat Member’s Submission; to publish Member’s name in
connection with Member’s Submission; and the right to sublicense
such rights to any supplier of the Services. No compensation will be
paid with respect to the use of Member’s Submission, as provided
herein. EmarketersClub is under no obligation to post or use any
Submission Member may provide and EmarketersClub may remove any
Submission at any time in its sole discretion. By Posting a Submission
Member warrants and represents to own or otherwise control all of the
rights to Member’s Submission as described in these TOU Use
including, without limitation, all the rights necessary for Member to
provide, post, upload, input or submit the Submissions.
B.
In addition to the warranty and representation set forth above, by
Posting a Submission that contain images, photographs, pictures or that
are otherwise graphical in whole or in part ("Images"), Member warrant
and represent that (a) Member is the copyright owner of such Images, or
that the copyright owner of such Images has granted Member permission
to use such Images or any content and/or images contained in such
Images consistent with the manner and purpose of Member’s use and
as otherwise permitted by these TOU and the Services, (b) Member have
the rights necessary to grant the licenses and sublicenses described in
these Terms of Use, and (c) that each person depicted in such Images,
if any, has provided consent to the use of the Images as set forth in
these TOU, including, by way of example, and not as a limitation, the
distribution, public display and reproduction of such Images. By
Posting Images, Member is granting (a) to all Members of Member’s
private community (for each such Images available to Members of such
private community), and/or (b) to the general public (for each such
Images available anywhere on the Services, other than a private
community), permission to use Member’s Images in connection with
the use, as permitted by these Terms of Use, of any of the Services,
(including, by way of example, and not as a limitation, making prints
and gift items which include such Images), and including, without
limitation, a non-exclusive, world-wide, royalty-free license to: copy,
distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat Member’s Images without having
Member’s name attached to such Images, and the right to
sublicense such rights to any supplier of the Services. The licenses
granted in the preceding sentences for a Images will terminate at the
time Member completely remove such Images from the Services, provided
that, such termination shall not affect any licenses granted in
connection with such Images prior to the time Member completely remove
such Images. No compensation will be paid with respect to the use of
Member’s Images.
C.
EmarketersClub.com is a distributor (and not a publisher) of content
supplied by third parties and Members. Accordingly, EmarketersClub.com
has no more editorial control over such content than does a public
library, bookstore, or newsstand. Any opinions, advice, statements,
services, offers, or other information or content expressed or made
available by third parties, including information providers, Members or
any other Member of EmarketersClub.com, are those of the respective
author(s) or distributor(s) and not of EmarketersClub.com, The EmarketersClub.com
nor any third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its merchantability or
fitness for any particular purpose.
11. NOTICE TO PARENTS AND CHILDREN
We
adhere to the Children's Privacy Act. You must be 18 years of age to
join or use EmarketersClub.com or any of the recommended or linked
sites. This site follows the guidelines, policies and laws of the
Federal Trade Commission (www.ftc.gov). We retain the right to refuse anyone membership in any of our sites.
12. COMPLIANCE WITH ALL INTELLECTUAL PROPERTY LAWS
When
accessing the Website or using the Services, you agree to obey the law
and to respect the intellectual property rights of others. Your use of
the Services and the Website is at all times governed by and subject to
laws regarding copyright ownership and use of intellectual property.
You agree not to upload, download, display, perform, transmit, or
otherwise distribute any information or Materials in violation of any
third party’s copyrights, trademarks, or other intellectual
property or proprietary rights. You agree to abide by laws regarding
copyright ownership and use of intellectual property, and you shall be
solely responsible for any violations of any relevant laws and for any
infringements of third party rights caused by any Materials you provide
or transmit, or that is provided or transmitted using your Member
ID. The burden of proving that any Materials do not violate any
laws or third party rights rests solely with you.
13. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A.
MEMBER EXPRESSLY AGREES THAT USE OF AFFILIATEPROFITSCLUB.COM IS AT
MEMBER'S SOLE RISK. NEITHER AFFILIATEPROFITSCLUB.COM, ITS AFFILIATES
NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS WARRANT THAT EmarketersClub.com WILL
BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM USE OF AFFILIATEPROFITSCLUB.COM, OR
AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE,
OR MERCHANDISE PROVIDED THROUGH AFFILIATEPROFITSCLUB.COM
B. AFFILIATEPROFITSCLUB.COM
IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE
OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO
THIS AGREEMENT.
C. THIS SECTION
APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION. MEMBER SPECIFICALLY ACKNOWLEDGES
THAT AFFILIATEPROFITSCLUB.COM IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD-PARTIES AND THAT
THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH MEMBER.
D. IN NO EVENT WILL AFFILIATEPROFITSCLUB.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING AFFILIATEPROFITSCLUB.COM OR
THE AFFILIATEPROFITSCLUB.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES,
INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE Memberspeed Inc, MEMBER HEREBY ACKNOWLEDGES
THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE
SITE.
E. IN ADDITION TO THE TERMS
SET FORTH ABOVE NEITHER, AFFILIATEPROFITSCLUB.COM, NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF
THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR
OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION
CONTAINED WITHIN AFFILIATEPROFITSCLUB.COM,
OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE
MEMBER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED
THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY
THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED
TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F.
PRIOR TO THE EXECUTION OF A STOCK TRADE, MEMBERS ARE ADVISED TO CONSULT
WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR
OTHER INFORMATION. AFFILIATEPROFITSCLUB.COM, ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR
INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER,
AFFILIATEPROFITSCLUB.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR
CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE,
ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE IS NO
WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
G.
FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE
OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE
CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT,
EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS,
ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE
FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK
FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING
PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY
AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A
MAXIMUM OF FIFTEEN (15) CALENDAR DAYS FROM ITS OCCURENCE. THE
PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY
SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS
OBLIGATIONS UNDER THIS AGREEMENT.
14. NO INCOME GUARANTEE
AFFILIATEPROFITSCLUB.com make
no claim regarding income guarantees or results from using its
products, services, recommendations or any partner services. You are
joining AFFILIATEPROFITSCLUB.com as a Member on your own free
will.
15. LINKS TO THIRD PARTY SITES
A.
THE LINKS IN THIS AREA WILL LET YOU LEAVE AFFILIATEPROFITSCLUB.COM'S
SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF
AFFILIATEPROFITSCLUB.COM. THE INTERNET COMPANY AFFILIATEPROFITSCLUB.COM
ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK
CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH
SITES. AFFILIATEPROFITSCLUB.COM ARE NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. AFFILIATEPROFITSCLUB.com ARE
PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION
OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY AFFILIATEPROFITSCLUB.COM
OF THE SITE.
B. EmarketersClub.com
is a distributor (and not a publisher) of content supplied by third
parties and Members. Accordingly, EmarketersClub.com has no more
editorial control over such content than does a public library,
bookstore, or newsstand. Any opinions, advice, statements, services,
offers, or other information or content expressed or made available by
third parties, including information providers, Members or any other
Member of EmarketersClub.com, are those of
the respective author(s) or distributor(s) and not of
EmarketersClub.com and. Neither EmarketersClub.com nor any third-party
provider of information guarantees the accuracy, completeness, or
usefulness of any content, nor its merchantability or fitness for any
particular purpose.
C. In many instances, the content available through EmarketersClub.com
represents the opinions and judgments of the respective information
provider, Member, or other Member not under contract with
EmarketersClub. EmarketersClub.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on EmarketersClub.com
by anyone other than authorized EmarketersClub.com employee
spokespersons while acting in their official capacities. Under no
circumstances will EmarketersClub.com be liable for any loss or damage
caused by a Member's reliance on information obtained through EmarketersClub.com
It is the responsibility of Member to evaluate the accuracy,
completeness or usefulness of any information, opinion, advice or other
content available through EmarketersClub.com Please seek the
advice of professionals, as appropriate, regarding the evaluation of
any specific information, opinion, advice or other content.
16. UNSOLICITED IDEA SUBMISSION POLICY
AFFILIATEPROFITSCLUB.COM OR
ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS,
INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW
PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW
PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK,
SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO
AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN
AFFILIATEPROFITSCLUB.COM'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM
SIMILAR TO IDEAS SUBMITTED TO AFFILIATEPROFITSCLUB.COM.
SO,
PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS
TO AFFILIATEPROFITSCLUB.COM OR ANYONE
AT AFFILIATEPROFITSCLUB.COM IF, DESPITE OUR REQUEST THAT YOU NOT
SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE
UNDERSTAND THAT AFFILIATEPROFITSCLUB.COM MAKES NO ASSURANCES THAT
YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
17. PRIVACY POLICY
EmarketersClub.com respects
your privacy and permits Members to control the treatment of personal
information. A complete statement of EmarketersClub.com current
Privacy Policy can be reviewed by clicking on the "Privacy Policy"
hypertext link located or published at the bottom of our Web pages.
18. MONITORING
EmarketersClub.com shall
have the right, but not the obligation, to monitor the content of
EmarketersClub.com, including chat rooms and forums, to determine
compliance with this Agreement and any operating rules established by
EmarketersClub.com and to satisfy any law, regulation or authorized
government request. EmarketersClub.com shall have the right in its sole
discretion to edit, refuse to post or remove any material submitted to
or posted on EmarketersClub.com. Without limiting the foregoing,
EmarketersClub.com shall have the right to remove any material that
EmarketersClub.com, in its sole discretion, finds to be in violation of
the provisions hereof or otherwise objectionable.
19. INDEMNIFICATION
Member
agrees to defend, indemnify and hold harmless EmarketersClub.com, its
affiliates and their respective directors, officers, employees and
agents from and against all claims and expenses, including attorneys'
fees, arising out of the use of EmarketersClub.com by Member or
Member's Account.
20. TERMINATION
Either
EmarketersClub.com or Member may terminate this Agreement at any time.
Without limiting the foregoing, EmarketersClub.com shall have the right
to immediately terminate Member's Account in the event of any conduct
by Member which EmarketersClub.com, in its sole discretion, considers
to be unacceptable, or in the event of any breach by Member of this
Agreement.
21. PAYMENTS AND REFUND POLICY
A.
Members are charged for Services. If you pay someone other than
us for these Services, then the charges and billing terms are as stated
by the other company or third-party. Even if you do not pay for the
some of the Services, you may still incur charges incidental to using
the Services; for example, charges for Internet access, mobile text
messaging, or other data transmission. The price for the Services
will be assed all applicable taxes and charges unless stated
otherwise. These taxes and charges are your responsibility.
Currency exchange settlements are based on your agreement with your
payment method provider. EmarketersClub.com reserves the right to
change pricing from time to time, but it will be posted on the Website
before you incur any billing. If you do not agree to these
changes, then you must cancel and stop using the Website before the
changes take place.
B.
When you create an account, you enter your payment method. You
must be authorized to use the payment method. You authorize
EmarketersClub.com to charge you for the Services using your payment
method and for any paid feature of the Services for which you choose to
sign-up for. EmarketersClub.com may bill you for more than one of
your prior billing periods together.
C.
EmarketersClub.com will provide you with an online billing statement
accessible online through your Member Account. This is the only
billing statement that EmarketersClub.com provides. If you
request a paper copy, EmarketersClub.com may charge you a retrieval
fee. EmarketersClub.com will only provide paper copies for the
past 120 days. If EmarketersClub.com makes an error on your bill,
EmarketersClub.com will correct it promptly after you tell us and
EmarketersClub.com investigates the
charge. You must tell us within 120 days after an error first
appears on your bill. You release us from all liability and
claims of loss resulting from any error that you do not report to us
within 120 days after the error first appears on your online statement.
If you do not tell us within this time, EmarketersClub.com will not be
required to correct the error. EmarketersClub.com can correct
billing errors at any time.
D. You may cancel your EmarketersClub.com membership
at anytime you desire, however there will be no refunds for any charges
processed within 36 hours of your cancellation notice. The act of
canceling can be made via email or using the cancellation form inside
the member area, however the act of canceling does not constitute an
automatic cancellation of your billing. If you cancel after a payment
has been processed, there will be no refunds for that payment.
Cancellation requests must contain your name, username and date joined.
If any of this information is missing, the cancellation request may not
be processed and you are liable for all membership fees until
EmarketersClub.com receives required information. Membership fees are
lifetime for membership. Lifetime constitutes the lifetime of the
member or EmarketersClub.com.
E. EmarketersClub.com reserves
the right to cancel any member for reasons that it feels are
detrimental to the site, its members, its partners or the future
success of itself. Cancellations performed by EmarketersClub.com are final and any restitution will be the membership fee paid within the past 30 days.
22. ENTIRE AGREEMENT
This
Agreement and the privacy policy, licenses and any operating rules for
EmarketersClub.com established by MemberSpeed Inc, constitute
the entire agreement of the parties and supersede all previous written
or oral agreements between the parties.
23. ARBITRATION
Each
party to this Agreement expressly agrees that all disputes, claims or
controversies that exist or may come to exist between them including,
without limitation, all disputes, claims or controversies that exist or
may arise out of, under or in connection with this Agreement, first to
binding arbitration located in Washoe County, Nevada, United States in
accordance with the Commercial Arbitration Procedures of the American
Arbitration Association. The parties agree that judgment
upon the arbitration award will be final, binding and conclusive upon
each party and may be entered into any court having jurisdiction.
In the case of action under this Section, the prevailing party shall be
entitled to recover its costs of the proceeding, including reasonable
attorneys' fees and out of pocket expenses.
24. CHOICE OF LAW, VENUE AND FORUM
The TOU, the privacy policy, licenses and any operating rules for EmarketersClub.com shall
be construed in accordance with and governed by the laws of the United
States and the State of Nevada, without reference to their rules
regarding conflicts of law. You hereby irrevocably consent to the
exclusive jurisdiction of the state or federal courts in Washoe County,
Nevada, United States in all disputes arising out of or related to the
use of the Website or Services
25. SEVERABILITY
If,
for whatever reason, a court of competent jurisdiction finds any term
or condition in these Terms of Use to be unenforceable, all other terms
and conditions will remain unaffected and in full force and effect.
26. WAIVER
No
waiver of any breach of any provision of these Terms of Use shall
constitute a waiver of any prior, concurrent, or subsequent breach of
the same or any other provisions hereof, and no waiver shall be
effective unless made in writing and signed by an authorized
representative of the waiving party.
27. HEADINGS
The section headings used herein are for convenience only and shall not be given any legal importance.
28. COPYRIGHT
All contents of Website or Services are: © 2009 EmarketersClub.com All rights reserved.
29. TRADEMARKS
EmarketersClub.com its
logos are trademarks of Power House Technology LLC used under
license by MemberSpeed Inc. All other trademarks, names of actual
companies and products appearing on mentioned herein on the Website are
the property of their respective owners. The example companies,
organizations, products, domain names, email addresses, logos, people
and events depicted herein are fictitious. No association with any real
company, organization, product, domain name, email address, logo,
person, or event is intended or should be inferred.
30. NO LICENSE
Nothing
contained on the Website should be understood as granting you a license
to use any of the trademarks, service marks, logos and the like owned
by EmarketersClub.com or by any third party.
31. NOTICES
Any notices to EmarketersClub.com shall be given by email to support @ EmarketersClub.com and
by certified mail, return receipt requested MemberSpeed, Inc, 2248
Meridian Blvd. Suite H, Minden, NV 89423, United States and as may be
otherwise directed by EmarketersClub.com. Any notice to Members
shall be sent by email to the email address provided by the
Member. Email notices to a Member shall be deemed delivered
twenty-four (24) hours from the time the email is sent. Notices
to EmarketersClub.com shall be deemed delivered five (5) calendar days
after sent by certified mail.
32. COPYRIGHT INFRINGEMENT
EmarketersClub.com has
in place certain legally mandated procedures regarding allegations of
copyright infringement occurring on the Website or with the Services.
EmarketersClub.com has adopted a policy that provides for the immediate
suspension and/or termination of any Website or Services Member who is
found to have infringed on the rights of EmarketersClub.com or of a
third party, or otherwise violated any intellectual property laws or
regulations. EmarketersClub.com's policy is to investigate any
allegations of copyright infringement brought to its attention. If you
have evidence, know, or have a good faith belief that your rights or
the rights of a third party have been violated and you want
EmarketersClub.com to delete, edit, or disable the material in
question, you must provide EmarketersClub.com with all of the following
information: (a) a physical or electronic signature of a person
authorized to act on behalf of the owner of the exclusive right that is
allegedly infringed; (b) identification of the copyrighted work claimed
to have been infringed, or, if multiple copyrighted works are covered
by a single notification, a representative list of such works; (c)
identification of the material that is claimed to be infringed or to be
the subject of infringing activity and that is to be removed or access
to which is to be disabled, and information reasonably sufficient to
permit EmarketersClub to locate the material; (d) information
reasonably sufficient to permit EmarketersClub.com to contact you, such
as an address, telephone number, and if available, an electronic mail
address at which you may be contacted; (e) a statement that you have 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 you are authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed. For
this notification to be effective, you must provide it to the Copyright
Infringement Unit ,support @ EmarketersClub.com and by certified mail,
return receipt requested MemberSpeed, Inc. 2248 Meridian
Blvd. Suite H, Minden, NV 89423, United States
33. ACKNOWLEDGEMENT
BY
USING THE SERVICES OR ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU
HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
Any rights not expressly granted herein are reserved.
|