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ATTENTION
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BECOMING A MEMBER OR ACCESSING THIS SITE INDICATES THAT YOU AGREE TO EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN ("TERMS OF USE"). IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS SITE FOR ANY PURPOSE.
Program Terms & Conditions
MEMBER AGREEMENT
("Agreement")
ACCEPTANCE OF TERMS THROUGH USE
I. RESTRICTIONS ON MEMBERSHIP
1. By becoming a "member" or by clicking "I agree" to this Agreement, you ("Member", "User") signify your agreement to the Terms and Conditions set forth in this document. This Agreement must be read, understood and agreed to by a person over 18 years of age who is a resident of the United States or Canada, or it must be agreed to by a parent or guardian if the Member is under 18. In no case may anyone under 13 years of age become a Member or use this site.
2. MaviShare Co ("MaviShare") reserves the right to change these Terms and Conditions at any time, for any reason, without notice. Please check this Agreement periodically for changes as MaviShare reserves the right to revise this Agreement and your continued use of this site following the modification and posting of any changes to the Agreement constitutes acceptance of such changes as modified. MaviShare reserves the right to terminate a Member's use of this site at any time without notice for any reason and may do so for Member's breach of this Agreement or any instructions on this site.
3. Only one Membership is allowed per person. Corporations, partnerships, or other business or government entities are not eligible to participate. For the purposes of this Agreement, "United States" shall be defined as the 50 states and territories including Midway Islands, Puerto Rico, American Samoa, Virgin Islands, Micronesia, Marshall Islands, Northern Mariana Islands, Palau, and Guam.
4. All aspects of Promotions and Programs are conducted exclusively by MaviShare and are in no way affiliated or endorsed by any merchant or partner listed on the site.
5. Member agrees that the sole method for disbursement of payments by MaviShare to member shall be conducted via the PayPal service, and only members eligible for a PayPal account shall be eligible to become a MaviShare member. PayPal is a division of eBay Inc., and has its own Terms of Use regarding PayPal accounts; member must agree to PayPal's terms in order to receive payments sent by MaviShare. MaviShare is not responsible for the ability of member to receive funds via PayPal.
6. Each member is solely responsible for maintaining the security of his or her account. Member should not share his or her password or account information and is responsible for keeping this information confidential. MaviShare is neither responsible nor liable for any losses incurred through the access of your account by a third party or the disclosure of your password or account.
7. You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, contents or materials on or received via this site or any advertiser's site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
8. You acknowledge and agree that all content and services available on this site are property of the Company and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by the Company, its advertisers and licensors.
9. No International Members
Accessing this site, and services, products or contents available on this site from places outside the U.S. or Canada (unless expressly set forth) or where their contents are illegal, is prohibited. None of the information on this site may be downloaded, exported or reexported into Libya, Iraq, North Korea, Cuba, the National Union for the Total Independence of Angola (UNITA), Iran, Syria, Sudan, Burma (Myanmar), Serbia, the Taliban, Sierra Leone, Liberia, designated Terrorists and international Narcotics Traffickers, Foreign Terrorist Organizations, and/or designated foreign persons who have engaged in activities related to the proliferation of weapons of mass destruction or any other country with restrictions imposed by the U.S. Government. By using this site, you agree that you are not a citizen of or a resident in any of these countries. You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.
II. OFFERS
1. Completion of Offers
(a) Users may only receive credit for the first time they complete an offer. Some offers (such as downloading FunCards or another download product) can be completed either once per computer or once per IP address. Other offers, such as the eBay offer, cannot be completed by existing members of eBay.
(b) In order to be credited for the offer, a user and/or referrals of the user must click the link given by MaviShare. Going directly to the partner/offer website, and not clicking on the link given by MaviShare, will mean that no credit will be earned for the offer. Users must click the offer link via our page in order for us to correctly track and credit for a user's offer completion. Note that some applications like spyware blockers, or popup blockers may preclude these links from functioning correctly.
(c) In order to receive proper credit for completing an offer, a user must use the same email account that he or she originally used for registering as a member at MaviShare. The user should also ensure that his or her browser settings are configured to accept all cookies and that he or she clicks on our exact offer link to be properly redirected to the offer providers website.
2. Failure to be credited for an offer
(a) MaviShare does not guarantee that a user will receive credit for an offer. We reserve the right to refuse crediting a user for offer completion for a variety of reasons, including, but not limited to, lack of appropriate information, improper sign-up method, improper browser settings, and/or a history of manual credits. Manual credits are offers that are credited through emailing confirmation of completion.
(b) We are not responsible for delays in reporting offer completion or failure to receive offer credit. The time it takes to receive credit varies greatly.
(c) Because we rely on advertising partners to pay us for offers completed by members, we are unable to credit a member in the event of partner's refusal or inability to pay us.
(d) The user is responsible for saving all of the confirmation emails they receive associated with offer completion. We will not manually credit a user for an offer without receiving a confirmation email from the user. A confirmation email is an email that a user receives from an offer provider after their offer requirements have been fully satiated. However, presenting a confirmation email does not guarantee that a user will receive credit.
(e) If a user believes that they have fully completed an offer and yet, has not been credited, the user should once again make sure that they have in fact met all of the requirements stipulated by the offer provider and should verify that he or she has waited the appropriate amount of time for offer completion to be reported back to this website (this amount of time varies per offer). If the user confirms that they have performed all of the necessary actions, and have waited a sufficiently appropriate period of time, he or she should contact us via our customer service form on our website. The user should note, however, that MaviShare reserves the right to deny credit for an offer.
3. Terms of Offers
(a) MaviShare is not responsible for the terms and conditions of any of the affiliated websites or partner offers on our website. We make an effort to screen our offers to ensure the best possible experience for our users. However, we are not responsible for any ensuing charges or contracts incurred between a user and an offer provider. Users should carefully read the requirements, terms and conditions, privacy policy and billing information for each offer.
(b) All users complete offers through affiliates at their own risk. We are not responsible for services or products associated with our affiliate offer providers. If there is a complaint about services or products received from an affiliate, users should directly contact the offer provider in question.
III. PAYMENTS
1. Eligibility for Receiving Payment from MaviShare
(a) User must have a valid e-mail address. MaviShare sends payment via PayPal to the e-mail address registered with MaviShare when user first signed up for a MaviShare account.
(b) Only one payment may be sent to member in any 24-hour period. At least 24 hours must have elapsed from the date of member's last payment in order to receive another payment.
(c) Payments can only be sent when member has an account balance of $10 US or higher. MaviShare reserves the right to apply additional conditions to verify the authenticity of member's information as entered on the site before sending payment. These conditions include requiring member to refer 3 additional, real users after the first withdrawal.
(d) Payment will not be sent if account is on hold or suspended for suspicious or fraudulent activity.
(e) Member must be a resident of the United States and be able to receive payments in US Dollars via PayPal.
(f) If total payments in any calendar year from MaviShare are valued at more than $600, you will be required by federal law and any applicable state law to claim the value of your payment. Therefore, an IRS W-9 form will be provided to you via email. This form must be completed in its entirety and returned to MaviShare in order to receive payments in excess of $600.
2. Receipt of Payment
(a) After a member receives payment, if we determine that he or she fraudulently completed the requirements, we have the right to take legal action against the user.
(b) Any errors in payment amount must be reported to MaviShare within 7 days of user's receipt of payment.
(c) MaviShare is not responsible for the service or accessibility of the PayPal service. Once MaviShare sends payment via PayPal, it is the user's responsibility to resolve directly with PayPal any issues that may arise.
(d) In no circumstances will a payment which is confirmed to be sent via PayPal, be resent to user. PayPal has rights to seize and close PayPal user accounts for a variety of reasons; we take no responsibility for the actions of PayPal.
3. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, MAVISHARE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE THE SITE OR THE CONTENT. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL MAVISHARE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO: (i) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE CONTENT, EVEN IF MAVISHARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
4. User Conduct. You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content. You agree not to use the Site in any manner that might interfere with the rights of MaviShare or any third party.
5. Indemnification. You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless MaviShare, its affiliates, licensors, employees, and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, indirect, incidental, consequential, and/or exemplary damages), and reasonable attorneys fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of these Terms and Conditions.
IV. TERMINATION OF MEMBERSHIP
All information which you submit or communicate to MaviShare through this site (collectively "Submissions") shall be data owned by the Company for the purposes of receipt of information on products and services in consideration for your participation and payment until you "opt-out" of such participation. Within 10 days of our receipt of a request to "opt-out", you will not receive further promotions from this site. Note that opting-out of this site does not remove you from other sites' lists or third party advertiser or merchant sites you may have signed up to receive information from and you will need to contact each of them to stop email from those sources.
V. LEGAL COMPLIANCE
1. Legal Requirements. MaviShare may suspend or terminate this Agreement or Member's use immediately upon receipt of any notice which alleges that Member has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, Company may disclose the Member's identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Company shall not be liable for damages or results thereof and Member agrees not to bring any action or claim against Company for such disclosure.
2. Full Agreement. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of the Company. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. Member shall not assign or transfer this Agreement and any such transfer shall be void.
3. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be correct or current. MaviShare reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. MaviShare does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
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