The OptInBuilder Web Site (the "Site") is an online information
service provided by OptInBuilder ("OptInBuilder "),
subject to your compliance with the terms and conditions set forth
below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING
OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU
DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THE SITE. OptInBuilder MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT
ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO
BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR
USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT.
By signing up and actively using the OptInBuilder program you agree to all
terms and conditions set forth in this agreement. OptInBuilder may, at any time,
choose to edit, add and/or delete portions of this agreement and impose changes
without prior notification of its members. Members will be informed of any and
all changes to this policy via an email to their primary contact email address
provided upon signing up with OptInBuilder. If any modification is unacceptable
to you, your only recourse is to terminate this agreement. Your continued
participation in the OptInBuilder program following our posting of a change in
policy notice or new agreement on our site will constitute binding acceptance to
the change.
Note that the following sites are not allowed on this site
Pornography sites
or any links to porn
Any hate or racist related sites
Any sites that encourage illegal activity
Any site that participate in illegal activity.
1.Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are OptInBuilder, its affiliates or other third party
licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE
MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of material from
the different areas of the Site solely for your own non-commercial
use provided that you agree not to change or delete any copyright or
proprietary notices from the materials. You agree to grant to
OptInBuilder a non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products and
services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to OptInBuilder by all
means and in any media now known or hereafter developed. You also
grant to OptInBuilder the right to use your name in connection with
the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against
OptInBuilder for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to
OptInBuilder.
TRADEMARKS.
Publications, products, content or services referenced herein or on
the Site are the exclusive trademarks or servicemarks of
OptInBuilder. Other product and company names
mentioned in the Site may be the trademarks of their respective
owners.
2.Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by OptInBuilder,
OptInBuilderdoes not operate, control or endorse any information, products or
services on the Internet in any way. Except for
OptInBuilder-
identified information, products or services, all information,
products and services offered through the Site or on the Internet
generally are offered by third parties, that are not affiliated with
OptInBuilder a. You also understand that
OptInBuilder cannot and
does not guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET. OptInBuilder PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF
TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND OptInBuilder SHALL NOT BE LIABLE FOR ANY COST
OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
OptInBuilder DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE
WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
OptInBuilder HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL OptInBuilder BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR
ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF OptInBuilder OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE
AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, OptInBuilder LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
OptInBuilder makes no representations whatsoever about any other
web site which you may access through this one or which may link to
this Site. When you access a non-OptInBuilder web site, please
understand that it is independent from OptInBuilder, and that
OptInBuilder has no control over the content on that web site. In
addition, a link to a OptInBuilder web site does not mean that
OptInBuilder endorses or accepts any responsibility for the content,
or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless OptInBuilder, its
officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing
the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of OptInBuilder and its
officers, directors, employees, agents, licensors, suppliers, and any
third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at
any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) ,6(Responsibility of Members:) ,7(Relationship of the Parties), 9(Spam)
and 10 (Miscellaneous) shall
survive any termination of this Agreement.
6.Responsibility of Members:
You must be 16 years of age or older. Minors must have parental consent to
participate in this program. Our program is open to both US and International
members and is void where prohibited by local governing laws. You agree to and
must use your own name and email address in the sign-up process and may not
assume a false identity. You may not signup multiple times with different email
addresses. Your computer must not be shared with another individual that has an
existing OptInBuilder account. You will use your email address / password
combination to access your account, it is your responsibility to keep this
information confidential, you may change this information by logging into your
OptInBuilder account and pressing the change information link. Any solicitation
of advertisers for a confirmation email for purposes of receiving credit in your
account will be grounds for immediate termination. You are solely responsible
for any and all use of your OptInBuilder account including authorization by you
to any third party individual who may use your account. Should any instances of
fraud, system abuse, or any type of activity deemed to be inappropriate or
illegal by OptInBuilder be detected it may result in member termination and
possible legal action. You must maintain your email account that you used when
signing up OptInBuilder. You agree to receive email advertising from
OptInBuilder, limited to no more than one per day. In the event your email
account on file becomes closed or blocked for 7 (seven) or more days to messages
from OptInBuilder your account will be terminated and you will forfeit all prior
earnings. In the event your email account on file is full for 7 (seven)
consecutive days your account will be terminated and you will forfeit all prior
earnings.
7.Relationship of the Parties:
You and OptInBuilder are independent contractors, and nothing in this
Agreement creates any partnership, joint venture, agency, franchise, sales
representative or employment relationship between you and OptInBuilder. You
understand that you do not have authority to make or accept any offers or make
any representations on behalf of OptInBuilder. You may not make any statement,
whether on your site or otherwise, that would contradict anything in this
section. You are solely responsible for the reporting and payment of any taxes
for money earned while using the OptInBuilder program.
8.Payments:
Members may earn by receiving IP ads and/or paid emails and visiting the
advertiser websites. Members may earn by referring new members to the
OptInBuilder program.Payments will be made within 30 days or a reasonable time
after.
9.Spam
You may not promote your referral links
through unsolicited emailing (i.e.
SPAMMING), newsgroup postings, or any other method of mass communication.
Failure to comply will result in immediate termination of your membership with
OptInBuilder and may result in legal prosecution. OptInBuilder strictly enforces
anti-spamming laws. Spamming is a federal crime. Any member caught spamming will
not only have their account terminated immediately and lose any past, present
and future earnings, but shall also be held liable for Spamming as we shall
cooperate with any authorities and investigations that may arise from the
Spamming incident. OptInBuilder may charge up to $5 per spam email sent.
Multiple signups shall be grounds for immediate termination of all involved
accounts. Signing up multiple times from the same computer also constitutes
fraud. OptInBuilder will file charges for recovery of any earnings received from
multiple signups.
10.Miscellaneous.
This Agreement shall all be governed and construed in accordance
with the laws of The United States of America applicable to agreements
made and to be performed in The United States of America. You agree that any legal
action or proceeding between OptInBuilder and you for any purpose
concerning this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in The United States of America . Any cause of action or claim you
may have with respect to the Service must be commenced within one
(1) year after the claim or cause of action arises or such claim or
cause of action is barred. OptInBuilder's failure to insist upon or
enforce strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall act to
modify any provision of this Agreement. OptInBuilder may assign
its rights and duties under this Agreement to any party at any time
without notice to you.
