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REGISTRERING WITH LOVEBUCKS INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE 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 monetize their online content and for readers of these content (“Consumers”) to award Publishers for their content. 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 account pages, the LoveBucks button (“Button”), associated LoveBucks code (“Code”), Button-enabled content (“Content”) including but not limited to Publishers’ websites, texts, comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips, and video clips. 1. Program Participation. Participation in the Program is subject to LoveBucks’ prior approval and Your continued compliance with the Terms and Conditions. LoveBucks reserves the right to refuse participation to any applicant or participant at any time in its sole discretion. 2. Acceptable Use and Conduct. You are solely responsible for your conduct on the LoveBucks 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 and other Users. Additionally, you agree to not use the Program for any purpose which is unlawful under applicable jurisdictional law, or prohibited by these Terms and Conditions, or is 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 any applicable local law for non-US users Placing and distributing funds which violate compliance, regulatory or anti-money laundering 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 misrepresent your affiliation with a person or entity Falsify, deceive, or mislead other Users in any way, or conduct any activity which constitutes "bait and switch" Include personal or identifying information about another person without that person's explicit consent Collect personal data about other Users for commercial or unlawful purposes
Use misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the LoveBucks Platform Infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party, or post Content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree to promptly address any copyright infringements alerted to you by any copyright owner's written notice (including any notices forwarded to you by LoveBucks). If you do not promptly remove the Content specified in the notice, LoveBucks may remove the Content without any liability to you or to the User that posted such Content. LoveBucks maintains and enforces a policy of terminating the accounts of Users who are repeat copyright infringers Create, send, or enable anything that constitutes or contains "chain letters," "pyramid schemes," 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, and applicable laws in non-U.S. jurisdictions, or otherwise advertise or solicit to Users who have requested not to be contacted about other services, products or commercial interests Advertise any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law Create software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the LoveBucks Platform, or otherwise negatively affect other Users' ability to use the LoveBucks Platform Use automated means, including spiders, robots, crawlers, data mining tools, or the like to 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 our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved" Attempt to gain unauthorized access to LoveBucks' computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the LoveBucks Platform Generate clicks, or authorize or encourage any third party to generate clicks, either directly or indirectly, on any Button through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots or other automated tools Create multiple user accounts without the express authorization of LoveBucks
no content from any other Publishers, 20% of Allocated Funds will be distributed to Publisher A and 40% of Allocated Funds to Publisher B. 30% of Allocated Funds (“Residual Value Allocation”) will be distributed pro rata to Publishers whose Contents were Loved in all months within a calendar year. By way of illustration, if Consumer Loved Publisher A’s Content once and Publisher B’s Content twice in the current month, and Publisher C’s content three times in prior months within a calendar year, and no content from any other Publishers within a calendar year, 5% of Allocated Funds will be distributed to Publisher A, 10% of Allocated Funds to Publisher B, and 15% of Allocated Funds to Publisher C. 10% of Allocated Funds will be retained by LoveBucks (“LoveBucks Fees”) for the distribution of maintenance of the Program. LoveBucks reserves the right to modify the LoveBucks Fees at any time.
Publishers are eligible to receive funds, if any has been distributed to them from Consumers and provided that total amount of funds to be received exceeds $100 (one hundred USD), once a calendar month. Publishers agree to LoveBucks storing bank account or Paypal account information into which LoveBucks Funds are to distributed, or reachable mailing address to which physical checks can be sent, or any other method which has been elected to receive LoveBucks Funds. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. Publishers will not hold LoveBucks responsible for any funds not received due to Publisher’s violation of any specifications provided by LoveBucks for the proper installation and maintenance of LoveBucks Buttons, or as a result of inactive Publisher user account or false account information including but not limited to bank account or Paypal account or reachable mailing address, or as a result of the inability of LoveBucks to contact Publisher using the account information provided. 5. Support and Performance. LoveBucks makes no guarantee regarding the level of clicks on any Button, the timing of, or the amount of any payment to be made to you under this Agreement. In addition, for the avoidance of doubt, LoveBucks does not guarantee the Program will be operable at all times or during any down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of Your equipment, systems or local access services, (iii) for previously scheduled maintenance or (iv) relating to events beyond LoveBucks’ (or its wholly owned subsidiaries’) control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where LoveBucks or Your servers are located or co-located. 6. Accounts, Passwords, and Security. You must be a registered User to award Content on the LoveBucks Platform. As a User, you are responsible for keeping your password secure. LoveBucks user accounts are non-transferable. You will be solely responsible and liable for any activity that occurs under your LoveBucks user account.
7. Your Account Term. These Terms and Conditions commence upon your acceptance of this Agreement and continue until terminated. This Agreement will automatically terminate if LoveBucks decides, in its sole discretion, to discontinue the LoveBucks Program. 8. Deactivating Your Account. You may deactivate your LoveBucks account at any time, for any reason, by following the instructions under your Account Settings. LoveBucks has the right (at its sole discretion) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the LoveBucks Platform without notice and for any reason. If LoveBucks terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of undistributed funds. 8.1. Effects of Deactivating an Account. Upon deactivating your account, these Terms and Conditions terminate and your access rights to the LoveBucks Platform will immediately cease to exist. Any Code associated with your Buttons will be deactivated and inaccessible. LoveBucks will have no obligation to refund any undistributed funds. 8.2. Survival. The provisions under the following headings will survive termination of these Terms and Conditions for any reason: Acceptable Use and Conduct, Disclaimer of Warranties, Indemnity, and Limitation of Liability. 9. Changes to LoveBucks and the LoveBucks Platform. LoveBucks reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the LoveBucks Platform or any part thereof with or without notice. LoveBucks will not be liable to you or to any third party for any modification, suspension or discontinuance of the LoveBucks Platform. 9.1. LoveBucks may establish general polices and limits concerning use of the LoveBucks Platform ("LoveBucks Platform Policies") which will be made available to you from time to time. LoveBucks reserves the right to log off or deactivate User accounts that are inactive for an extended period of time. 10. Disclaimer of Warranties. YOUR USE OF THE LOVEBUCKS PLATFORM, INCLUDING BUT NOT LIMITED TO THE USE OF THE LOVEBUCKS HOMEPAGES AND USER ACCOUNT PAGES, THE LOVEBUCKS BUTTON, CODE, AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE LOVEBUCKS PLATFORM AND ALL CODE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LOVEBUCKS AND EACH USER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. NEITHER LOVEBUCKS NOR
ANY USER MAKES ANY WARRANTY THAT THE LOVEBUCKS PLATFORM, OR AND CODE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. 11. Indemnity. You agree to indemnify, defend, and hold harmless LoveBucks, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to: Any Code or Content you submit, post, transmit, or make available through the LoveBucks Platform Your use or misuse of the LoveBucks Platform Your connection to the LoveBucks Platform Your violation of these Terms and Conditions Your violation of any rights (including intellectual property rights) of a third party
12. Limitation of Liability. YOU AGREE THAT LOVEBUCKS SHALL NOT BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF LOVEBUCKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE LOVEBUCKS PLATFORM OR ANY CODE OR CONTENT, (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA; AND (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING ANOTHER USER) IN THE LOVEBUCKS PLATFORM OR ANY CODE OR CONTENT; OR (B) FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS IN EXCESS OF THE GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO LOVEBUCKS BY YOU IN THE THREE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM. 13. Waiver of California Civil Code Section 1542. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." 14. Trademarks. LoveBucks, the LoveBucks Platform and other related graphics, our logo and sub-logos, LoveBucks marks, and trade names used on the LoveBucks Platform are the trademarks of LoveBucks and may not be used without permission. Other trademarks, LoveBucks Platform marks, and trade names that may appear on LoveBucks are the property of their respective owners.
15. Modification of Terms and Conditions. These Terms and Conditions may be updated or changed by LoveBucks from time to time upon LoveBucks' posting of the amended Terms and Conditions on this page. If you do not agree to changes to the Terms and Conditions, you must notify LoveBucks to terminate your account. In addition to these Terms and Conditions, you will comply with all policies applicable to LoveBucks and the LoveBucks Platform, which policies are (i) either posted in the LoveBucks Platform or provided to you and (ii) incorporated by reference into these Terms and Conditions. 16. General. The failure of LoveBucks to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. Your LoveBucks account is non-transferable. You may not delegate your duties under these Terms and Conditions, or assign these Terms and Conditions, in whole or in part. Any unauthorized use of any LoveBucks computer system is a violation of these Terms and Conditions, and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. S 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties. The other Users of the LoveBucks Platform are intended third party beneficiaries of your obligations under these Terms and Conditions. LoveBucks may assign these Terms and Conditions to any successor or purchaser of LoveBucks or all or substantially all of its assets. 17. Force majeure. LoveBucks shall not be liable for failure or delay in performance of any of its obligations hereunder if such delay or failure to perform is caused by circumstances beyond its control. 18. Governing Law. Any dispute between the parties arising out of these Terms and Conditions shall be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Francisco, CA. You hereby waive any right to a jury trial of any such dispute. These Terms and Conditions shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
These Terms and Conditions, which incorporate the LoveBucks Policies, constitutes the entire agreement between you and LoveBucks and governs your use of the LoveBucks Platform, superseding any prior agreements (whether written or oral) between you and LoveBucks regarding the subject matter hereof. 19. Contacting LoveBucks. Users with questions about these Terms and Conditions and any of the aforementioned statements may contact LoveBucks the following ways: E-Mail firstname.lastname@example.org Postal 530 University Avenue, Palo Alto, CA
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