A. This Agreement and any of its supplemental terms andconditions (“Supplemental Terms”) governing the use of certainspecific material contained on the website sets forth the termsand conditions that apply to use of it by the User. By usingthis website (other than to read this Agreement for the firsttime), User agrees to comply with all of the terms andconditions hereof. The right to use the website is personal toUser and is not transferable to any other person or entity. Useris responsible for all use of User’s Account (under any screenname or password) and for ensuring that all use of User’sAccount complies fully with the provisions of this Agreement.User shall be responsible for protecting the confidentiality ofUser’s password(s).
B. The Company shall have the right at any time to take down,change or discontinue any aspect or feature of the website,including, but not limited to, content, hours of availability,and equipment needed for access or use.
C. Your use of this website does not abridge the rules,regulations or laws of the jurisdiction in which it is accessed.Further, You affirm that your manner of use of the website willconform to all local, regional and international laws for use ofsuch a site
The Company shall have the right at any time to change or modifythe terms and conditions applicable to User’s use of thiswebsite, or any part thereof, or to impose new conditions forits continued use. Such changes, modifications, additions ordeletions shall be effective immediately upon notice thereof,which may be given by means including, but not limited to,posting on new TOU on this site, or by electronic mail, or byany other reasonable means to give notice of the changed TOU.Any use of the site by User after such notice shall be deemed toconstitute acceptance by User of such changes, modifications oradditions.
A. User shall use this site for lawful purposes only. User shallnot post or transmit through any material which violates orinfringes in any way upon the rights of others, which isunlawful, threatening, abusive, defamatory, invasive of privacyor publicity rights, vulgar, obscene, profane or otherwiseobjectionable, which encourages conduct that would constitute acriminal offense, give rise to civil liability or otherwiseviolate any law. Any conduct by a User that in the Company’sdiscretion restricts or inhibits any other User from using orbenefit from the site will not be permitted.
B. The Company’s site contains copyrighted material, trademarksand other proprietary information, including, but not limitedto, text, software, photos, video, graphics, music and sound,and the entire contents of the site. All such content iscopyrighted as a collective work under the United Statescopyright laws. The Company owns a copyright in the selection,coordination, arrangement and enhancement of such content, aswell as in the content original to it. User may not modify,publish, transmit, participate in the transfer or sale or createderivative works of the content, in whole or in part. User mayNOT download copyrighted material for User’s personal use only.Except as otherwise expressly permitted under copyright law, nocopying, redistribution, retransmission, publication orcommercial exploitation of downloaded material will be permittedwithout the express permission of the Company and the copyrightowner. In the event of any permitted copying, redistribution orpublication of copyrighted material, no changes in or deletionof author attribution, trademark legend or copyright noticeshall be made. User acknowledges that it does not acquire anyownership rights by obtaining copyrighted materials through areplicated website.
C. Affiliate acknowledges and agrees not to publish anyinformation through any communication medium, including socialmedia sites, that utilizes copyrighted material, trademarks andother proprietary information, including, but not limited to,text, software, photos, video, graphics, music and sound, andany contents, or parts thereof, the Company website, socialmedia accounts and the like, without the express approval of theCompany. It is a further condition of the affiliate program notto sell LOOT tokens or advertise LOOT tokens for sale, directlyor indirectly, through a website or any other means in a mannerthat may cause confusion or mislead the public that such sale oradvertisement is made or authorized by the Company. Any suchacts shall not be tolerated and may lead to termination ofAffiliate’s relationship with the Company, acting in itsabsolute discretion, together with specific performance and ordamages to rectify any harm caused.
D. User shall not upload, post or otherwise make available onany material protected by copyright, trademark or otherproprietary right without the express permission of the owner ofthe copyright, trademark or other proprietary right and theburden of determining that any material is not protected bycopyright rests with User. User shall be solely liable for anydamage resulting from any infringement of copyrights,proprietary rights, or any other harm resulting from such asubmission. By submitting material to any public area of thissite, User automatically grants, or warrants that the owner ofsuch material has expressly granted the Company theroyalty-free, perpetual, irrevocable, non-exclusive right andlicense to use, reproduce, modify, adapt, publish, translate anddistribute such material (in whole or in part) worldwide and/orto incorporate it in other works in any form, media ortechnology now known or hereafter developed for the full term ofany copyright that may exist in such material. User also permitsany other User to access, view, store or reproduce the materialfor that User’s personal use. User hereby grants the Company theright to edit, copy, publish and distribute any material madeavailable on this site by User.
E. The foregoing provisions of Section 3 are for the benefit ofthe Company, its subsidiaries, affiliates and its third partycontent providers and licensors and each shall have the right toassert and enforce such provisions directly or on its ownbehalf.
Services provided through the Company’s site (the “Services”)may contain access to a replicated website, email services,bulletin board services, chat areas, news groups, forums,communities, personal web pages, calendars, photo albums, filecabinets and/or other message or communication facilitiesdesigned to enable User to communicate with others (each a“Communication Service” and collectively “CommunicationServices”). User agrees to use the Communication Services onlyto post, send and receive messages and material that are properand, when applicable, related to the particular CommunicationService. By way of example, and not as a limitation, User agreesthat when using the Communication Services, User will not:
Use the Communication Services in connection with surveys,contests, chain letters, junk email, spamming or any duplicativeor unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate thelegal rights (such as rights of privacy and publicity) ofothers. Publish, post, upload, distribute or disseminate anyinappropriate, profane, defamatory, obscene, indecent orunlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images,photographs, software or other material protected byintellectual property laws, including, by way of example, andnot as limitation, copyright or trademark laws (or by rights ofprivacy or publicity) unless User own or control the rightsthereto or have received all necessary consent to do the same.
Use any material or information, including images orphotographs, which are made available through the Services inany manner that infringes any copyright, trademark, patent,trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, timebombs, cancelbots, corrupted files, or any other similarsoftware or programs that may damage the operation of another’scomputer or property of another.
Advertise or offer to sell or buy any goods or services for anybusiness purpose, unless such Communication Servicesspecifically allows such messages.
Download any file posted by another user of a CommunicationService that User know, or reasonably should know, cannot belegally reproduced, displayed, performed, and/or distributed insuch manner.
Falsify or delete any copyright management information, such asauthor attributions, legal or other proper notices orproprietary designations or labels of the origin or source ofsoftware or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying theCommunication Services. Violate any code of conduct or otherguidelines which may be applicable for any particularCommunication Service.
Harvest or otherwise collect information about others, includingemail addresses. Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not fora fee) to a person or entity any directory of users of theServices or other user or usage information or any portionthereof.
The Company has no obligation to monitor the CommunicationServices. However, the Company reserves the right to reviewmaterials posted to the Communication Services and to remove anymaterials in its sole discretion. The Company reserves the rightto terminate User’s access to any or all of the CommunicationServices at any time, without notice, for any reason whatsoever.The Company reserves the right at all times to disclose anyinformation as it deems necessary to satisfy any applicable law,regulation, legal process or governmental request, or to edit,refuse to post or to remove any information or materials, inwhole or in part, in the Company’s sole discretion.
Materials uploaded to the Communication Services may be subjectto posted limitations on usage, reproduction and/ordissemination; User is responsible for adhering to suchlimitations if User downloads the materials.
Always use caution when giving out any personally identifiableinformation in any Communication Services. The Company does notcontrol or endorse the content, messages or information found inany Communication Services and, therefore, The Companyspecifically disclaims any liability with regard to theCommunication Services and any actions resulting from User’sparticipation in any Communication Services.
If any of the Services requires User to open an account, Usermust complete the registration process by providing The Companywith current, complete and accurate information as prompted bythe applicable registration form. User also will choose apassword and a user name. User is entirely responsible formaintaining the confidentiality of User’s password and account.Furthermore, User is entirely responsible for any and allactivities that occur under User’s account. User agrees tonotify the Company immediately of any unauthorized use of User’saccount or any other breach of security. The Company will not beliable for any loss that User may incur as a result of someoneelse using User’s password or account, either with or withoutUser’s knowledge. However, User could be held liable for lossesincurred by the Company or another party due to someone elseusing User’s account or password. User may not use anyone else’saccount at any time, without the permission of the accountholder.
In order to be eligible to receive a Commission Fee, eachAffiliate must be an active, qualified customer of the Companyand both the Affiliate’s account and accounts sponsored by theAffiliate must be up-to-date in all payments at the time theCommission Fees are processed and not have been subject to arefund, credit, cancellation, suspension or chargeback.Affiliate understands that if his Company account is inactivethat there will be no access to any other related account,including the Affiliate’s eWallet account (which is used totransfer Commission Fees to the Affilaite).
The Company, in its sole discretion, reserves the right towithhold Commission Fees for Affiliates who have commissionsthat are potentially fraudulent as determined by the Company.Further, the Company reserves the right to suspend payment ofCommission Fees at any time and indefinitely, if it suspectsfraud or other improper activity or a potential breach of any ofthe terms in this Agreement by the Affiliate or a ReferredCustomer(s). The Company reserves the right to deduct fromAffiliate's current and future Commission Fees any and allCommission Fees corresponding to any fraudulent, questionable,and cancelled purchases from the Company. Where no subsequentCommission Fee is due and owing, the Company will send Affiliatea bill for the balance of such refunded purchase upontermination of the program or termination of the ReferredCustomer.
The Company reserves the right to immediately cancel or withholdfor later review any Commission Fee based on the foregoing orthat otherwise fails to comply with our terms and conditions ofuse. It is the responsibility of the Affiliate to monitor thepayment, denial and withholding of Commission Fees; the Companyis not obligated to actively notify Affiliates of the status ofCommission Fees. If an Affiliate has a question about aCommission Fee that has been cancelled or withheld, thatAffiliate has 30 days from the day the payment was due tocontact the Company to discuss or reclaim the Commission Fee.Any changes to decisions about cancelled or withheld CommissionFees are strictly at the Company’s discretion
Any attempt by an Affiliate to manipulate, falsify or inflateReferred Customers, Qualifying Purchases or Commission Fees tointentionally defraud the Company or violation of any of theterms of the terms and conditions of use constitutes immediategrounds for the Company to terminate this an Affiliate’s accountand will result in forfeiture of any Commission Fees due to saidAffiliate.
The Company shall have the right to immediately terminate User’sAccount in the event of any conduct by User which the Company,in its sole discretion, considers to be unacceptable, or in theevent of any breach by User of this Agreement.
This Agreement and any operating rules established by theCompany constitute the entire agreement of the parties withrespect to the subject matter hereof, and supersede all previouswritten or oral agreements between the parties with respect tosuch subject matter. This Agreement shall be construed inaccordance with the laws of the State of Missouri, UnitedStates, without regard to its conflict of laws rules. No waiverby either party of any breach or default hereunder shall bedeemed to be a waiver of any preceding or subsequent breach ordefault. The section headings used herein are for convenienceonly and shall not be given any legal import.
The Company’s logos are trademarks of the Company and all rightsare reserved. All other trademarks appearing on the Company’ssite are the property of their respective owners. Any rights notexpressly granted herein are reserved.
Any claim relating to use of the Company’s site shall begoverned by the laws of the state of Missouri, United States,without regard to its conflicts of law provisions.