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LoveBucks TOS v5 Final

LoveBucks TOS v5 Final

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Published by Emre Sokullu

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Published by: Emre Sokullu on May 08, 2012
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05/08/2012

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PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS BEFOREREGISTERING WITH LOVEBUCKS. REGISTRERING WITH LOVEBUCKS INDICATESTHAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPTTHESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER WITH LOVEBUCKS.
 Introduction.
The
 
LoveBucks Program (“
Program
”, or “Platform”
) is owned and operated by
LoveBucks (“LoveBucks”), a subsidiary of GROU.PS, Inc. (“GROU.PS”), a Delaware
corporation, and are accessed by you under these
terms and conditions (“
Terms and Conditions
,
or “Agreement”
). The Program
enables online content publishers (“Publishers”)
to monetizetheir online content and for readers of these c
ontent (“Consumers”)
to award Publishers for theircontent. Publishers and Consumers will henceforth
 be referred to collectively as “Users”.
Use of the Program includes but is not limited to the use of the LoveBucks homepages and user accountpages
, the LoveBucks button (“Button”),
associated
LoveBucks code (“Code”), B
utton-enabled
content (“Content”)
including but not limited to
Publishers’ websites,
texts, comments, messages,information, data, graphics, news articles, photographs, images, illustrations, software, audioclips, and video clips.1.
 
Program Participation
. Participation in the Program is subject to LoveBucks
priorapproval and Your continued compliance with the Terms and Conditions. LoveBucksreserves the right to refuse participation to any applicant or participant at any time in its solediscretion.2.
 
Acceptable Use and Conduct.
You are solely responsible for your conduct on theLoveBucks Platform.
Should you breach any part of LoveBucks’ Acceptable Use and
Conduct, LoveBucks has the right to immediately terminate your access to the Program.LoveBucks reserves the right but has no obligation to monitor disputes between you andother Users. Additionally, you agree to not use the Program for any purpose which isunlawful under applicable jurisdictional law, or prohibited by these Terms and Conditions, oris otherwise unintended by LoveBucks. You agree to not perform any of, but not limited to,the following:
 
Conducts which are deemed unlawful and illegal by applicable US law, or anyapplicable local law for non-US users
 
Placing and distributing funds which violate compliance, regulatory or anti-moneylaundering requirements
 
Harass, degrade, intimidate or act hateful toward any individual or group of individuals
 
Impersonate a LoveBucks employee or User or falsely state or otherwise misrepresentyour affiliation with a person or entity
 
Falsify, deceive, or mislead other Users in any way, or conduct any activity whichconstitutes "bait and switch"
 
Include personal or identifying information about another person without that person'sexplicit consent
 
Collect personal data about other Users for commercial or unlawful purposes
 
 
Use misleading email or IP addresses, or forged headers or otherwise manipulatedidentifiers in order to disguise the origin of Content transmitted through the LoveBucksPlatform
 
Infringe any patent, trademark, trade secret, copyright or other proprietary rights of anyparty, or post Content that you do not have a right to make available under any law orunder contractual or fiduciary relationships. You agree to promptly address anycopyright infringements alerted to you by any copyright owner's written notice(including any notices forwarded to you by LoveBucks). If you do not promptly removethe Content specified in the notice, LoveBucks may remove the Content without anyliability to you or to the User that posted such Content. LoveBucks maintains andenforces a policy of terminating the accounts of Users who are repeat copyrightinfringers
 
Create, send, or enable anything that constitutes or contains "chain letters," "pyramidschemes," or any advertisement that you are prohibited by law from sending
 
Create or submit “SPAM” email communications, including without limitation such
email communications defined under the CAN-SPAM Act, applicable state laws, andapplicable laws in non-U.S. jurisdictions, or otherwise advertise or solicit to Users whohave requested not to be contacted about other services, products or commercialinterests
 
Advertise any illegal services or the sale of any items the sale of which is prohibited orrestricted by applicable law, including without limitation items the sale of which isprohibited or regulated by applicable law
 
Create software viruses or any other computer code, files or programs designed tointerrupt, destroy or limit the functionality of any computer software or hardware ortelecommunications equipment
 
Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with theperformance of, or impair the functionality of the LoveBucks Platform, or otherwisenegatively affect other Users' ability to use the LoveBucks Platform
 
Use automated means, including spiders, robots, crawlers, data mining tools, or the liketo download data from the LoveBucks Platform - except for Internet search engines (e.g.Google) and non-commercial public archives (e.g. archive.org) that comply with ourrobots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right todefine what we mean by "well-behaved"
 
Attempt to gain unauthorized access to LoveBucks' computer systems or engage in anyactivity that disrupts, diminishes the quality of, interferes with the performance of, orimpairs the functionality of, the LoveBucks Platform
 
Generate clicks, or authorize or encourage any third party to generate clicks, eitherdirectly or indirectly, on any Button through any automated, deceptive, fraudulent orother invalid means, including but not limited to through repeated manual clicks, the useof robots or other automated tools
 
Create multiple user accounts without the express authorization of LoveBucks
 
3.
 
Publishers
Placement of Buttons.
In addition to agreeing to Acceptable Use and Behavior,Publishers agree to comply with the specifications provided by LoveBucks from time to timeto enable proper delivery, display, tracking, and reporting of Buttons in connection with YourContent, including without limitation by not modifying the JavaScript or other programmingprovided to You by LoveBucks in any way, unless expressly authorized in writing byLoveBucks (including by electronic mail). Publishers are solely responsible for all Content,including maintenance and operation thereof, the proper implementation of LoveBucks'specifications, and adherence to the terms of this Terms and Conditions. LoveBucks reservesthe right to investigate, at its own discretion, any activity that may violate this Agreement,including but not limited to any use of a software application to access Buttons, or anyengagement in any activity prohibited by this Agreement. LoveBucks is not responsible foranything related to Content, including without limitation the transmission of data betweenContent and LoveBucks. In addition, LoveBucks shall not be obligated to provide notice toPublishers in the event that any Button is not being displayed properly to Consumers.4.
 
Placement of Funds.
Consumer subscribes to the LoveBucks Program via recurringsubscriptions plans
. Funds will be placed into the Consumer’s account and available for 
distribution monthly
(“Allocated Funds”)
as according to the applicable subscription planand upon payment of the subscription fee. Consumer acknowledges that clicking of theLoveBucks Button
(“Love”, “Loving”, or “Loved”) on a Publisher’s site initiates the
distribution of available funds to Publishers, as according to the Distribution Formula statedbelow. Consumer agrees to LoveBucks storing relevant payment card information. Consumeralso agrees to pay the applicable subscription fee as it becomes due plus all related taxes, andto reimburse LoveBucks for all collection costs and interest for any overdue amounts.
Consumer’s
obligation to pay fees continues through the date Consumer cancels hissubscription to the Program. ALL FEES AND CHARGES ARE NONREFUNDABLE ANDTHERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.
CONSUMER’S LOVEBUCKS SUBSCRIPTION WILL BE AUTOMATICALLY
EXTENDED FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION ASTHE SUBSCRIPTION TERM ORIGINALLY SELECTED, AT THE THEN-CURRENTNON-PROMOTIONAL SUBSCRIPTION RATE. Consumer may change or resign asubscription at any time by accessing Account Settings. If Consumer resigns, Consumer mayuse his subscription until the end of the then-current subscription term; subscription will notbe renewed after the then-current term expires. However, Consumers will not be eligible fora prorated refund of any portion of the subscription fee paid for the then-current subscriptionperiod.
Allocated Funds are distributed from the Consumer’s account once every calendar month.
LoveBucks is not responsible for the payment of any processing fees associated with thedistribution of Allocated Funds, including but not limited to bank transfer fees and currencyconversion fees. If necessary, such processing fees will be deducted from the AllocatedFunds prior to distribution. Funds are to be distributed according to the following formula
(“Distribution Formula”):
 
60% of Allocated Funds
(“Current Value Allocation”)
will be distributed pro ratato Publishers whose Contents were Loved that month. By way of illustration, if 
Consumer Loved Publisher A’s Content
once
, Publisher B’s Content
twice, and

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