YOU MUST BE 13 YEARS OF AGE OR OLDER TO BE ELIGIBLE FOR A MEMBERSHIP AT DESKTOPDOLLARS.COM.
This Membership Agreement ("Agreement") between you ("You" or "Member") and DesktopDollars, Inc., a Delaware corporation, and its affiliated entities (collectively referred to herein as "DesktopDollars.com" or "We" or "DesktopDollars"), sets out the terms of your membership in DesktopDollars.com. Affiliated entities shall mean any company or other legal entity directly or indirectly owned by, controlled by or under common control with DesktopDollars.com, Inc.
By clicking on the "Join" button and participating in any program offered by DesktopDollars (the "Service"), including, but not limited to, downloading the ProfitZONE software ("Software") to view advertisements, you agree to be bound by all the terms of this Membership Agreement including the privacy statement.
A. Your Privacy is Safe at DesktopDollars.com.
DesktopDollars is committed to protecting your privacy. We use the information we collect about you only within the DesktopDollars Community to maintain your membership profile.
About the Information We Collect:
This notice applies to all information collected or submitted within the DesktopDollars program.
On some pages, you can register for the DesktopDollars program. Here is what kind of personal information we collect on these pages:
On some pages, you can submit information about other people. For example, you may tell us you have been referred by someone else to the DesktopDollars program by entering the referrer's email address. Also, you provide two email addresses of your friends during registration. These email addresses are not added to any email list nor are they redistributed in any way. The only thing they receive is one short email from you telling them about DesktopDollars. It is a way to help you start your referral network.
Once you accrue $250 in your account for the ProfitZONE™ Service, we will contact you to request additional information including, for example, the Social Security number of our U.S. Members. We will only use this additional information for legitimate purposes related to complying with applicable tax laws.
Why We Collect the Information We Do.
When you use some of the features of DesktopDollars, we need to know your name, e-mail address, and mailing address. Once we collect this information, it is only used within the DesktopDollars community and no individually identifiable information is distributed to third parties.
We also request demographic information, such as your gender and age so that we can offer products and services we believe will benefit you. Once we collect this information, no individually identifiable data will be distributed to third parties.
We use non-identifying and aggregate information to better design our website and to share it with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.
Cookies are harmless
Cookies are small strings of text, and nothing more. They aren't capable of doing anything malicious to your computer.
The DesktopDollars Program.
When someone joins DesktopDollars after being referred to the program by a current member, the new member's name and email address is posted in a members only database.
DesktopDollars, Inc. does not provide individually identifiable information to third parties except as noted under “Limits of Confidentiality”. DesktopDollars, Inc. uses proprietary technologies to preserve the anonymity of members while matching their interests with targeted information sent via email. DesktopDollars, Inc. will under no circumstance reveal any member’s identity to marketers. It is solely at a DesktopDollars member’s discretion if he or she chooses to provide personally identifiable information to a marketer by making a purchase, requesting additional information, or communicating directly with the company or organization after visiting its web site.
Limits of Confidentiality
Due to the existing legal regulatory and security environment, we may be forced to disclose individually identifiable information to third parties. We will use our best efforts to limit disclosure only under these circumstances where necessary by contract, legal process, or the technical operation of the service.
DesktopDollars members may choose at any time to review, modify or permanently remove all contact and interest information stored by DesktopDollars by accessing their account directly at http://www.desktopdollars.com/account.asp. Once removed from the network, a past member will no longer receive any communications from DesktopDollars. DesktopDollars will never sell, rent, or otherwise use the contact information of former members.
Thank You For Your Trust.
We hope that you enjoy the features of DesktopDollars. Some of these features require that we collect some information about you. However, that information is not disclosed to third parties. We value your trust and we are committed to your privacy. If you have any questions about this privacy statement, DesktopDollars practices, or feel that your privacy has been compromised, please contact us at email@example.com.
B. Updates to This Agreement.
This Agreement may be modified by DesktopDollars.com from time to time, with or without notice. Member accepts any modification by using the Service after the modifications have become effective. If the Member objects to any modification, the Member’s sole remedy is termination of the Member’s account using the “Cancel Account” feature on the DesktopDollars.com web site. DesktopDollars.com will post any modification and its effective date on DesktopDollars.com Web site, http://www.desktopdollars.com/legal.asp
C. Membership Requirements
1. To maintain a Membership with DesktopDollars.com, You must meet the following requirements and DesktopDollars.com reserves the right to terminate the Membership of anyone who fails to meet these requirements on an ongoing basis:
a) Age Requirements. By applying for Membership in DesktopDollars.com, You hereby represent to DesktopDollars.com that you are 13 years or older and meet the following additional age requirements:
b) If You between the ages of 13 and 18, You may become a DesktopDollars.com Member but You will be required to obtain the permission of Your parent or legal guardian before You can receive compensation for your participation in the Service. See our Parental Consent Page to find out how your parent can provide consent.
2. You hereby represent to DesktopDollars.com that You are complying with all of your local, state, province, country or regional legal restrictions that may be applicable to your membership in DesktopDollars.com
3. You must be a person (not a company) and may only sign up once and maintain one Membership. Only one individual per account. Only one account per e-mail address. Only one account per individual. Any duplicate accounts are subject to cancellation with forfeiture of all earnings and referrals held in such accounts. No transfer of any earnings or referrals between accounts or to any third party, earnings and referrals cannot be transferred by Member upon death, as part of a domestic relations matter or otherwise by operation of law.
4. You must provide DesktopDollars.com with valid contact and residence information and may not impersonate or misrepresent Your identity. DesktopDollars.com reserves its rights under the laws to terminate your account, and associated membership, containing untruthful information for which You are responsible; DesktopDollars.com may request from time to time that you update the information on your online registration. DesktopDollars.com may terminate your membership and close your account if you fail to update your information upon request from DesktopDollars.com.
5. Your user name, password, and account are personal to You and are not transferable; You may not allow anyone else to use Your password or account; You may not use anyone else's password or account or act to accrue earnings for anyone else’s account; You are responsible for keeping Your password secret; DesktopDollars.com is not liable for any loss or damages caused by any disclosure of your password or account; You may only create an account for yourself and may not establish an account on behalf of anyone else.
6. You may cancel Your Membership by using the "Cancel Account" feature on the DesktopDollars web site. If you decide to cancel Your membership and later wish to re-enroll, You will be assigned a new account, and You will not receive further credit for referrals made using Your previous account.
7. To the full extent allowed by applicable law, DesktopDollars.com at its sole discretion and for any or no reason may refuse to accept applications for membership and may terminate any Members without prior notice for good cause, particularly including, but not limited to:
(a) any violation of any provision of this Membership Agreement;
(b) aiding in or promoting circumvention of the Service;
(c) acting against the business interests or reputation of DesktopDollars.com;
(d) otherwise acting in a severely or substantially unlawful manner in relationship to DesktopDollars.com, the DesktopDollars.com Web site or the Service;
(e) material breach of our spamming policy; or
(f) any other reason at the discretion of DesktopDollars.com;
8. If your account is terminated by DesktopDollars.com, You may not re-enroll or join under a new account unless formally invited to do so by DesktopDollars.com.
9. DesktopDollars.com may terminate a Member’s account if no activity has occurred in such account for six (6) consecutive months. Any accrued earnings in such account shall be forfeited.
D. Your relationship to DesktopDollars.com
Your relationship to DesktopDollars.com is one of an independent contractor and/or customer. No employee-employer relationship is created by Your use of the Service. You do not have any obligation to refer new members to the DesktopDollars.com. Program. DesktopDollars.com HAS NO OBLIGATION TO OFFER THE SERVICE OR OTHER PROMOTIONS TO YOU.
E. Using The ProfitZONE Software.
Use of the ProfitZONE is subject to the terms and conditions of a software license agreement which the user must accept before installing. DesktopDollars.com reserves the right and privilege to remove any member at any time from the DesktopDollars membership without prior or written notification.
F. The Referral Program.
1. As a Member of DesktopDollars.com, You may refer other people to the DesktopDollars.com membership program (“Your Referrals”). If You and Your Referrals become participants in the Service (subject to the discretion of DesktopDollars.com, You will be able to receive earnings for the activities of Your Referrals and some activities of members referred by Your Referrals according to the terms of this Agreement. DesktopDollars.com has no obligation to give You earnings for the activities of Your Referrals prior to the time that You qualify and elect to join the Service and begin to actively use our software.
2. Members may not use Spam to Obtain Referrals. You may not use unsolicited email, usenet, message board postings, or similar methods of mass messaging (“spam”) to gather referrals. (Usenet and message board spam are messages sent or posted which are unrelated to the topic of discussion of the particular news group or message board.) The use of spam to promote the DesktopDollars.com service has strict negative consequences. Not only may DesktopDollars.com terminate the Membership of any Member who in DesktopDollars.com’s reasonable opinion has used unsolicited email to gain referrals (a “Spammer”). In addition, You may be subject to state and federal penalties and other legal consequences under applicable law if You send unsolicited email. Our Anti-Spam Policy provides more details and is incorporated into this Agreement.
3. Marketing Claims. You agree not to make any misrepresentations to any of Your Referrals or potential Referrals with respect to compensation typically received by DesktopDollars.com. Members or with respect to compensation that potential members are likely to receive, and to fully comply with all applicable laws related to multi-level marketing programs.
G. Your Relationship with Advertisers.
Your individual relationship with merchants or advertisers found on the Site, including payment for and delivery of related goods or services, entry into and operation of promotions, discounts or contests, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such merchant or advertiser You agree not to hold DesktopDollars.com liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the content provided by such merchants or advertisers through the Service (unless it clearly appears to be our own content).
I. Disclaimer by DesktopDollars.com
1. DesktopDollars.com is not responsible for Members’ inability to connect to the Internet or reach the Web site of DesktopDollars.com.
2. DesktopDollars.com is not responsible for changes to or discontinuance of any offer or promotion by any advertiser or any withdrawal of any such offer.
3. DesktopDollars.com will not be liable for any damages suffered by the Member as a result of any instructions from the Member’s e-mail account using the Member’s password and the Member will indemnify and hold DesktopDollars.com harmless from any and all claims, losses, damages, costs and expenses incurred by or asserted or awarded to DesktopDollars.com arising out of the use of the Member’s e-mail account and password by any individual.
5. DesktopDollars.com does not warrant that its Web site is free from viruses or other destructive materials and that DesktopDollars.com shall not be liable for any damage to the Member’s hardware or software as a result of the Member’s participation in the program.
6. The cumulative liability of DesktopDollars.com to a Member for any loss or damage from any cause whatsoever with respect to all claims under this Agreement shall not under any circumstances exceed U.S. one hundred dollars ($100). In no event shall DesktopDollars.com be liable under any theory of tort, contract, strict liability or other legal or equitable theory for any lost profit, exemplary, punitive or consequential damages, each of which is hereby excluded by agreement of the Member and DesktopDollars.com regardless of whether or not DesktopDollars.com has been advised of the possibility of such damages.
J. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE ADVERTISEMENT SERVICE (“THE SERVICE”) AND SOFTWARE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DESKTOPDOLLARS.COM EXPRESSLY DISCLAIMS ALL CONDITIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DESKTOPDOLLARS.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
K. Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER DESKTOPDOLLARS.COM NOR ANY OF ITS PARENTS, MEMBERS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DESKTOPDOLLARS.COM’S TOTAL CUMULATIVE LIABILITY TO ANY MEMBER UNDER THIS AGREEMENT EXCEED U.S. ONE HUNDRED DOLLARS ($100). If you are dissatisfied with the DesktopDollars.com Service or promotions available through the Service, Your sole and exclusive remedy is to cancel your membership in DesktopDollars.com.
L. Force Majeure
DesktopDollars.com. will not be in default or otherwise liable for any delay or failure in its performance under this Agreement where such delay or failure arises by reason of an Act of God, or any government or governmental body, acts of war, the elements, strikes or labor disputes, power or system failures, failure of the Internet, computer hacking, or other causes beyond the control of DesktopDollars.com.
M. Governing Law
Any action related to this Membership Agreement will be governed by the law of the state of Florida, U.S.A., excluding (1) principles of conflicts of laws, and (2) the United Nations Convention on Contracts for the International Sale of Goods, if applicable. Any action relating to this Membership Agreement shall be brought in the state or federal courts located in Fort Lauderdale, and You hereby submit to the exclusive jurisdiction and venue thereof. You agree to comply with the laws of Florida and the United States that apply to the use of this Service. If the law of Your country, state, or province of residence prohibits or limits Your participation in this Service, then You are responsible for complying with such laws and you agree to indemnify DesktopDollars.com against any breach by You.
If any part of this Membership Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Membership Agreement is personal to You and You may not transfer, delegate, or assign this Membership Agreement, your referral network, your DesktopDollars.com account or other benefits you receive as an DesktopDollars.com Member to anyone. Any attempt by You to assign or delegate this Membership Agreement shall be null and void. DesktopDollars.com may assigns this Agreement at its sole discretion.
This Membership Agreement constitutes the entire agreement between You and DesktopDollars.com in connection with general membership in DesktopDollars.com and supersedes all prior agreements between the parties regarding the subject matter contained herein.
N. Contacting Us
If You have questions about this Membership Agreement, please contact firstname.lastname@example.org