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Welcome to Ipaya. We provide a service to you subject to the following User Agreement ("Agreement"). You can review the most current form of this Agreement at any time at http://www.ipaya.com/user_agreement/. This Agreement was last updated on March 7, 2003.
This Agreement is a contract between you and Ipaya and applies to your use of the services "Accessing Ipaya Pages" and "Publishing Ipaya Pages". In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated, "Ipaya," "we" or "our" will refer collectively to Ipaya and its directors, officers and employees.
By clicking "I accept", you agree to the terms and conditions of this Agreement, the Ipaya Privacy Policy and any documents incorporated by reference. You further agree that this User Agreement forms a legally binding contract between you and Ipaya, and that this Agreement is the equivalent of "a writing signed by You" under any applicable law or regulation. Any rights not expressly granted herein are reserved by Ipaya. This Agreement is subject to change by Ipaya by posting of the revised Agreement on the Ipaya website.
Description of service and relationship
Ipaya allows you to access third party web pages by paying a fee ("accessing pages") and to receive a share of the fees by publishing such web pages ("publishing pages").
The price of the fees can be found at http://www.ipaya.com/access/overview/price/. How much of these fees is distributed to publishers and how this distribution is carried out can be found at http://www.ipaya.com/publish/overview/rates/.
Unless explicitly stated otherwise, any new features that enhance the current Service shall be subject to this Agreement. You understand and agree that the Service is provided "AS-IS" and that Ipaya assumes no responsibility for the timeliness, deletion, mis-delivery or failure to provide its service.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
User Responsibilities
Passwords
You may not reveal your account password to anyone else, nor may you use anyone else's password. Ipaya is not responsible for losses incurred by Users as the result of their misuse of password.
Sharing accounts
Even when not revealing your password to anyone else, theoretically you could still share your account with other people through certain means. You may not share your account with other people.
Using computers temporarily
In order to facilitate usage, Ipaya users automatically stay signed in indefinitely as long as they use the same computer and browser. You agree to sign out of Ipaya at the end of your computing session if you share your computer with somebody else or can reasonably expect that the next person using the same computer and browser will not be you.
Relying on web interface
You understand that every interaction between you and Ipaya is done through a web interface and through a web interface only. There is no phone or email support provided. This is because relying on a web interface as a single way of interaction allows us to provide you this service with very low cost margins: most of the money subscribers spend goes directly to the publishers.
Electronic Communications
This Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive all Communications from Ipaya in electronic form. Electronic Communications may be posted on the pages within the Ipaya website. Ipaya reserves the right but assumes no obligation to provide Communications in paper format.
Hacking
If you use, or attempt to use the Service for purposes other than accessing pages, publishing pages and accessing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
No Cash Advances trough PayPal
You agree not to engage in behavior that could reasonably be construed as providing yourself a cash advance from your credit card trough PayPal, and agree not to assist Users who engage in behavior that could reasonably be construed as providing themselves a cash advance from their credit cards. Such behavior includes, but is not limited to, a User accessing the pages of somebody that publishes pages for the sole purpose of sending money to him through the Service, then receiving the funds back from the original Recipient and attempting to withdraw the funds from their account. Ipaya reserves the right to reverse all such transactions and to terminate any accounts that are associated with such behavior.
No misusage for transferring money
You agree not to engage in behavior that could reasonably be construed as accessing or publishing pages for the sole purpose of sending or receiving money, instead of buying or selling information. Such behavior includes, but is not limited to, a user creating a page with no real valuable information, then asking another user to create several accessing accounts and use these accounts only to access the page of the first user. Ipaya reserves the right to reverse all such transactions and to terminate any accounts that are associated with such behavior.
Indemnification
You agree to indemnify and hold Ipaya, its subsidiaries, affiliates, officers, directors and employees harmless from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Service, your connection to the Service, your violation of the Agreement, or your violation of any rights of another.
International use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
Modifications to service
Ipaya reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Ipaya shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Links
The Service may provide links to other WWW sites or resources. Because Ipaya has no control over such sites and resources, you acknowledge and agree that Ipaya is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Ipaya shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Accessing pages
By paying a fixed one-time fee, you gain access to a range of websites during a certain time frame. All information, data, text, software, music, sound, photographs, graphics, video or other materials ("Content") posted on published pages may be protected by copyright laws and you agree to not break these laws.
Ipaya provides you a list of accessible sites in a directory at http://www.ipaya.com/access/dir/. There might be additional sites not visible in the directory. To find out what you can access, you need to visit these sites and see what they offer.
You understand that all Content posted on published pages are the sole responsibility of the person that publishes this Content. Ipaya does not control the Content on published pages and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Ipaya be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Service.
You acknowledge that Ipaya does not pre-screen content, but that Ipaya shall have the right (but not the obligation) in their sole discretion to stop access to any content that is available trough the Service on published pages. Without limiting the foregoing, Ipaya shall have the right to stop access to any content that is available trough the Service on published pages that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You also acknowledge that you may not rely on any Content.
Publishing pages
By setting up your webserver correctly, current subscribers can visit your site. You record all visits and report them back to us. At the end of the month, we distribute the money of the subscribers according to the rates that can be found at http://www.ipaya.com/publish/overview/rates/.
Reporting Hits
You may only report hits back to us that users have actually requested. Under no circumstances, you may report back more than one hit for a single link that the user has clicked. This rules out reporting the results of "popup-windows", "automatic redirects" and "frames" as separate hits.
Minimum information requirement
You agree to follow the minimum requirements that can be found at http://www.ipaya.com/publish/res/terms/min_info_requirement/.
You agree to not use the Service to:
- make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable,
- harm minors in any way,
- impersonate any person or entity, including, but not limited to, a Ipaya official, or falsely state or otherwise misrepresent your affiliation with a person or entity,
- make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements),
- make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party,
- make available any material that contains 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,
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service,
- intentionally or unintentionally violate any applicable local, state, national or international law,
- collect or store personal data about other users.
Rights, obligations and disclaimers of Ipaya
Privacy
Ipaya respects and protects the privacy of the individuals that use our service. Please read our Privacy Policy to learn more about how we handle data about you.
Closing Accounts
Ipaya reserves the right to close an account for any of these reasons:
- Complaints received regarding pages infringing intellectual property rights of third parties, pages of pornographic or violent nature, reporting back too many hits, pages containing not enough information
- Apparent sharing of your account
- Apparent breaking of copyright laws
- Apparent usage for cash advances
- Apparent misusage for transferring money
- Refusal to cooperate in an investigation or provide confirmation of identity when requested
- Sending unsolicited email
- The account has been used in or to facilitate fraudulent activity
- Violations of this User Agreement
- Participating in prohibited transactions and activities
- Receipt by Ipaya of excessive complaints regarding your account, business or service
If we close your account and you have a current subscription, we will pay you back the remainder, which is the money available for distribution according to the rates section for all future unused months. If we close your account and you have published pages and there is money due to be paid to you, we deduct any money we have reason to believe was earned using activities violating this User Agreement from the money and pay you the remainder.
Usage of Ipaya name and logo
"Ipaya" and all related logos and services described in this website may not be copied, imitated or used, in whole or in part, without the prior written permission of Ipaya (aside from the circumstances described in the next paragraph). In addition, all page headers and custom graphics may not be copied, imitated, or used, in whole or in part, without the prior written permission of Ipaya.
Notwithstanding the above, logos provided by Ipaya for the use by page publishers on their website may be used without prior written consent for the purpose of identifying the service. The Logos may not be changed in any way, or used in a manner that is detractive to Ipaya.
Miscellaneous Disclaimers
Ipaya shall not be responsible for payments not ending up in the PayPal account of a publisher due to the input of a incorrect PayPal account email address by these publishers at Ipaya.
Ipaya shall not be responsible for the loss of access to the service because a user has lost both his password and the answer to his password recovery question. Similarly, Ipaya shall not be responsible for the loss of access to the service because a user has both lost his password and entered a incorrect email address as his password recovery email address.
Ipaya shall not be obligated to pay a publisher any fees from subscriptions for which Ipaya has not been fully paid, or are held back, by the credit card online payment service, PayPal.
Ipaya will not have any liability in connection with any unauthorized interception or use of data relating to you or the Ipaya service; any inability by you to use or access the service or the Ipaya website for any reason; any actions or transactions by an individual that uses your user name and password with your consent or knowledge; or any cause over which Ipaya does not have direct control, including problems attributable to computer hardware or software (including computer viruses), telephone or other communications, or Internet service providers.
In no event shall Ipaya be liable (A) for damages caused other than by intentional misconduct or (B) for any indirect, special, incidental, consequential or punitive damages whatsoever (including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy), arising out of or in any way related to your use of or inability to use the Service or the Ipaya website, even if Ipaya has been advised of the possibility of such damages. In no event shall Ipaya be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, internet access or computer equipment or software) or any circumstances beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).
Disclaimer of warranties
You expressly understand and agree that:
- Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Ipaya expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- Ipaya makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
- Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from Ipaya or through or from the service shall create any warranty not expressly stated in the User Agreement.
Limitation of liability
You expressly understand and agree that Ipaya shall not be liable for any direct, 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 Ipaya has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of this and the previous section may not apply to you.
Choice of Law
This Agreement is governed by and shall be construed in accordance with the laws of Switzerland. Any dispute will be submitted to the exclusive jurisdiction of the courts of Zurich, Switzerland.
General
This User Agreement constitute the entire agreement between you and Ipaya and govern your use of the Service, superseding any prior agreements between you and Ipaya. The failure of Ipaya to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision of the User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the User Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
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