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Subscriber Agreement
The Web site located at
http://earn-extra-money-in-my-spare-time.com("Site") is provided by
Earn Extra Money In My Spare Time. Your access to and use of the Site
is governed by this Subscriber Agreement ("Agreement"). As used in this
Agreement, "Earn Extra Money In My Spare Time," "we," "us'" or "our"
refers to Earn Extra Money In My Spare Time, and "you" or "your" refers
to you, the user of the Site. The Agreement below is the agreement you
consented to upon subscribing to the site. The Agreement does not apply
to use of the publicly available Web Site maintained by Earn Extra
Money In My Spare Time.
1. Access and Passwords
As part of the subscription process for this Site, you
have selected or been assigned a particular username and password in
accordance with Earn Extra Money In My Spare Time's username and
password guidelines. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL
ENTITLED TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD, AND YOU
AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR USERNAME OR
PASSWORD. You agree that all actions taken by you, or any other user
that accesses the Site using your username and password, at or through
the Site will be attributed to and legally bind you, even with respect
to acts for which the user had no actual authority or made an error.
You assume all resulting liability from use of the Site and any
services available on it by you or others using your username or
password. If you lose your username or password, please contact us at:
support@top-wac.com.
2. Subscription Fees and Payments
You can always find the current Subscription Fees posted
on our site. Your subscription will continue and renew automatically,
unless terminated by Earn Extra Money In My Spare Timeor until you
notify Earn Extra Money In My Spare Time by email or as designated on
the Site of your decision to terminate your subscription. If there are
any annual, monthly, or similar periodic fees for your subscription,
these fees will be billed automatically to the credit card designated
during the registration process for the Site or subsequently designated
by you to Earn Extra Money In My Spare Time, at the start of the
annual, monthly, or similar period, and at the start of each renewal
period, unless you terminate your subscription before the relevant
period begins. You agree to pay or have paid all fees and charges
incurred in connection with your username and password for the Site
(including any applicable taxes) at the rates in effect when the
charges were incurred. All fees and charges are nonrefundable. Earn
Extra Money In My Spare Timemay change the fees and charges then in
effect, or add new fees or charges, by giving you notice in advance.
All fees and charges incurred in connection with your Earn Extra Money
In My Spare Time username and password will be billed to the credit
card designated during the registration process for the Site or
subsequently designated by you to Earn Extra Money In My Spare Time. If
you want to designate a different card or there is a change in credit
card validity or expiration date, or if you believe someone has
accessed the Site using your username and password without your
authorization, you may email us at support@top-wac.com. You are also
responsible for any fees or charges incurred to access the Site through
an Internet service provider or other third party service. YOU, AND NOT
Earn Extra Money In My Spare Time, ARE RESPONSIBLE FOR PAYING ANY
AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT
AUTHORIZED BY YOU.
3. Privacy
Our Privacy Notice is a part of this Agreement and its
terms are incorporated herein by this reference. Please read it now at
the link on our site.
4. User Conduct
The Site may contain bulletin board services, news
groups, forums, and/or other message or communication facilities
("Communication Services") designed to enable you to communicate with
others. You agree to use the Communication Services only to submit or
post messages and material that are proper and, when applicable,
related to the particular Communication Service. You are also
prohibited from submitting to, posting or transmitting through Earn
Extra Money In My Spare Time any unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, sexually explicit,
profane, hateful, racially, ethnically, or otherwise objectionable
material of any kind, including but not limited to any material that
encourages conduct that would constitute a criminal offense, give rise
to civil liability, or otherwise violate any applicable local, state,
national, or international law. Content that consists of or contains
software viruses, political campaigning, commercial solicitation, chain
letters, mass mailings, or any form of "spam" is prohibited. You may
not use a false email or postal address, impersonate any person or
entity, or otherwise mislead as to the origin of your posted content.
Any opinions, advice, statements, services, offers, or
other information that constitutes part of the content expressed or
made available by third parties are those of the respective authors or
distributors and not of Earn Extra Money In My Spare Time nor its
affiliates, not any of their officers, directors, employees, or agents.
You acknowledge that Earn Extra Money In My Spare Time does not
pre-screen all content, but that Earn Extra Money In My Spare Time and
its designees shall have the right (but not the obligation) in their
sole discretion to refuse or move any content that is made available
via the Communication Services. Without limiting the foregoing, Earn
Extra Money In My Spare Time and its designees shall have the right to
remove any content that violates this Agreement or is otherwise
objectionable. You specifically agree that Earn Extra Money In My Spare
Time is not responsible for any content sent using and/or included in
the Site by any third party.
5. Copyright and Restrictions
This Web site contains proprietary material of Earn
Extra Money In My Spare Time (or material that other suppliers have
licensed to Earn Extra Money In My Spare Time for their use) which
is protected by copyright and other laws respecting proprietary rights.
Earn Extra Money In My Spare Time retains all rights in the material
and media, including (without limitation) all copyright and other
proprietary rights worldwide in all media. You may not use Earn Extra
Money In My Spare Time except as expressly permitted under this
Agreement and under U.S. copyright laws. Any routine and/or systematic
redistribution of any portion of the products licensed herein is
expressly prohibited.
End users who are duly authorized may Access Earn Extra
Money In My Spare Time for individual use, i.e., may view the
information on screen; may download small portions of the information
to a computer disk for personal convenience and later reference; and
may print paper copies of small portions for personal use only.
The rights granted here are an expansion of the rights
granted under the Copyright Act and do not include any rights to
reproduce in its entirety any portion of the information or materials
contained therein. No part of the information may be duplicated in any
medium or format beyond the express terms of this Agreement without
prior written authorization from Earn Extra Money In My Spare Time. Any
use not authorized by the Agreement is prohibited and is not a fair use
under the U.S. copyright law.
You acknowledge that the information (and the licensed
materials contained therein) is highly proprietary in nature and that
unauthorized copying, transfer or use may cause Earn Extra Money In My
Spare Time and/or Earn Extra Money In My Spare Time’s suppliers
irreparable injury that cannot be adequately compensated for by means
of monetary damages. You agree that any breach of this provision by
you, or any subscriber or end-user, may be enforced by Earn Extra Money
In My Spare Time, and/or any of Earn Extra Money In My Spare Time’s
suppliers, by means of equitable relief (including, but not limited to,
injunctive relief) in addition to any other available rights and
remedies.
You agree that any supplier of any portion of the
licensed materials may enforce its rights against you, even though that
supplier is not a party to the Agreement.
You may not and may not permit others to: reproduce,
publish, distribute, sell, or otherwise access or use any material
retrieved from or contained in or on this Site in any manner whatsoever
that may infringe any copyright or proprietary interest of Earn Extra
Money In My Spare Time; distribute the information contained in and/on
this Site to other users not duly authorized to Access the Site;
distribute, rent, sublicense, lease, transfer or assign the information
or Agreement; decompile, disassemble, or otherwise reverse-engineer
this Site or information contained in or on this Site or any software
contained therein, or alter, translate, modify, or adapt it to create
derivative works. Unauthorized reproduction, transfer, and/or use may
be a violation of criminal as well as civil law.
You are expressly prohibited from placing or installing
any portion of the information on any electronic media, including, but
not limited to, local or wide area networks, timesharing services,
multiple processing units, multiple site arrangements, service or
software rental bureaus, list servers, online services, electronic
bulletin boards or forums, World Wide Web sites or any other server
that is Internet-enabled, without written authorization by Earn Extra
Money In My Spare Time.
If you breach any provision of this Agreement, Earn
Extra Money In My Spare Time may immediately terminate this Agreement
and all licenses granted hereunder without prior notice and in addition
to any other available rights and remedies
6. Limitations on Use
The following activities are prohibited. You agree not
to:
a. Use Web-accelerated browsers or products (including
but not limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or
other applications that are capable of copying large portions of
content from the Site. Earn Extra Money In My Spare Time can detect the
use of these systems through live logfile analysis and will ban any
future use by offenders.
b. Use robots and crawlers, or similar technology,
without following the robot guidelines (found at http://info.webcrawler.com/mak/projects/robots.html).
We are able to detect robots violating the guidelines and we will ban
any offenders. If you are using a robot/crawler to check Earn Extra
Money In My Spare Time links, it must operate according to the robot
guidelines (see above). Do not leave new robots unattended and allow a
minimum of 1 minute between automated requests.
c. Use any device, software or routine or the like to
interfere or attempt to interfere with any Site functionality;
d. Take any action that imposes an unreasonable or
disproportionately large load on the Site infrastructure;
e. Use any email addresses appearing on the Site for
purposes not relating specifically to the Site;
f. Access the Site by any means other than through the
interface that is provided by Earn Extra Money In My Spare Time, or
attempt or access any area of the Site to which your access is not
authorized; or
g. Reverse engineer, reverse assemble or otherwise
attempt to discover any source code relating the Site, except to the
extent that such activity is expressly permitted by applicable law
notwithstanding this limitation.
7. Accuracy and Availability of Information
The Site contains database information and other content
compiled by Earn Extra Money In My Spare Time. While we use
commercially reasonable efforts to provide accurate information, Earn
Extra Money In My Spare Time gives no warranty as to the accuracy of
the database and other content on the Site. Earn Extra Money In My
Spare Time reserves the right to withdraw or delete information or
content from the Site at any time.
8. Links to Third Party Sites
Earn Extra Money In My Spare Time does not endorse the
content on any third-party Web site, including Web sites of Earn Extra
Money In My Spare Time's affiliates ("Third-Party Sites"). Earn Extra
Money In My Spare Time is not responsible for the content of
Third-Party Sites that you reach through links on the Site, sites
framed within the Site, or third-party advertisements on the Site, and
we do not make any representations regarding their content or accuracy.
Your use of Third-Party Sites is at your own risk and subject to the
terms and conditions of use for such sites. Any transaction that you
conduct at a Third-Party site will be between you and the party
providing that Web site. This means that Earn Extra Money In My Spare
Time is not your agent and is not a party to any transaction at a
Third-Party Site.
9. Representations and Warranties
You represent and warrant to Earn Extra Money In My
Spare Time that: (a) you possess the legal right and ability to enter
into this Agreement; (b) all information submitted by you to the Site
is true and accurate; (c) you will be responsible for all use of your
username and password even if such use was conducted without your
authority or permission; (d) you are at least 18 years old; and (e) you
will not use the Site for any purpose that is unlawful or prohibited by
this Agreement.
10. Disclaimer of Warranties
ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR
FOUND WITHIN THIS SITE BY Earn Extra Money In My Spare Time AND ITS
AFFILIATES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," WITHOUT
WARRANTIES OF ANY KIND, AND Earn Extra Money In My Spare TimeITS
AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, Earn Extra Money In My Spare Time DOES NOT MAKE ANY
WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY
PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT
IS THAT IS FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE
SITE; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE
SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH
UNITED STATES, FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT
OR SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF
PERFORMANCE OR QUALITY.
11. Limitation of Damages
IN NO EVENT WILL Earn Extra Money In My Spare Time OR
ANY OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT,
INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR
UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF
FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF
Earn Extra Money In My Spare Time HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
12. Limitation of Liability; Exclusive Remedy
ALSO, IN NO EVENT WILL Earn Extra Money In My Spare Time
OR ANY OF ITS AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY
AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY Earn
Extra Money In My Spare Time FROM YOU FOR ACCESS TO THE SITE AND ANY OF
THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM.
13. Indemnity
You agree to indemnify and hold us harmless, and pay our
attorney's fees and costs, if we become liable for or incur any damages
in connection with your breach of this Agreement. You may not settle
any dispute without our prior consent, which may only be given in a
non-electronic writing signed by an authorized representative of Earn
Extra Money In My Spare Time.
14. Consent to Electronic Notices and Other
Communications
You agree that all of your transactions relating to the
Site may, at our option, be conducted electronically, including any
that we are otherwise required to provide in "writing". For example, we
may send you notices via postings at the Site or via email to any email
address that you provide to us during registration as a Site member. If
you do not wish to deal with us electronically, you should not use the
Site or enter into this Agreement. If applicable law now or later
requires us to communicate with you non-electronically, we reserve the
right to charge a fee for doing so. Notice will be deemed given 24
hours after the email is sent, unless (for email) we are notified that
the email address is invalid. Alternatively, we may give you notice by
mail to the address provided during registration.
15. Print a Copy for Your Records
You agree to print or make an electronic copy of this
Agreement (and any amendment from time to time) and retain it in your
records. You also agree to make a copy of any other information that we
deliver to you in writing.
16. Termination
Earn Extra Money In My Spare Time may terminate your
subscription and/or access, or suspend access to all or part of the
Site, without notice, for any conduct that Earn Extra Money In My Spare
Time, in its sole discretion, believes is in violation of this
Agreement, any applicable law, or any act which is harmful to the
interests of another user, service provider, or Earn Extra Money In My
Spare Time. Earn Extra Money In My Spare Time may also elect not to
renew your subscription and access by providing a notice of nonrenewal
prior to the end of your current subscription term. Applicable sections
of this agreement will survive any termination or expiration of this
Agreement.
17. Assignment
You agree not to assign your rights under this Agreement
without the consent of an authorized representative of Earn Extra Money
In My Spare Time in a non-electronic record, and any assignment without
Earn Extra Money In My Spare Time's consent will be voidable at Earn
Extra Money In My Spare Time's option. This Agreement will inure to the
benefit of and bind the parties' respective successors and permitted
assigns.
18. Applicable Law and Disputes
This Agreement is governed by the laws of the U.K.,
without regard to principles of conflict of laws.
To the extent you have in any manner violated or
threatened to violate Earn Extra Money In My Spare Time and/or its
affiliates' intellectual property rights, Earn Extra Money In My Spare
Time and/or its affiliates may seek injunctive or other appropriate
relief in any court in the UK, and you consent to exclusive
jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to
first try to resolve it with the help of a mutually agreed-upon
mediator in the following location: Lancashire. Any costs and fees
other than attorney fees associated with the mediation will be shared
equally by each of us.
If it proves impossible to arrive at a mutually
satisfactory solution through mediation, we agree to submit the dispute
to binding arbitration at the following location: support@top-wac.com.
Judgment upon the award rendered by the arbitration may be entered in
any court with jurisdiction to do so.
19. Amendments
Earn Extra Money In My Spare Time may change the
provisions of this Agreement. When Earn Extra Money In My Spare Time
changes the terms of this Agreement, Earn Extra Money In My Spare Time
will notify you by email or online postings on this Site. The changes
will also appear in this document, which you can access any time. You
already agreed to be bound by the changes when you first subscribed to
the site. If you do not agree to be bound by the changes, you should
not use the Site again and you should cancel your subscription to the
Site. Even if you have not clicked on the "I Agree" button or checked
the I agree box when subscribing, if you use the Site after you have
been notified of a change to this Agreement, you are agreeing now to be
bound by that change.
20. Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by
reference) is the entire agreement between the parties for its subject
matter and supercedes all prior and contemporaneous communications
between the parties. No term of this Agreement may be waived by Earn
Extra Money In My Spare Time except in a signed, non-electronic writing
signed by an authorized representative of Earn Extra Money In My Spare
Time.
21. General
If any provision of this Agreement is found by a court
of competent jurisdiction to be invalid, the parties agree that its
remaining provisions will remain in full force and effect, provided
that the allocation of risks described herein is given effect to the
fullest extent possible. Our failure to act with respect to a breach by
you or others does not waive our right to act with respect to
subsequent or similar breaches. You agree that no joint venture,
partnership, employment or agency relationship exists between you and
Earn Extra Money In My Spare Time or its affiliates as a result of this
Agreement or your use of the Site.
The application of the United Nations Convention on
Contracts for the International Sale of Goods, as amended, is expressly
excluded.
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