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Terms of Service
Payflick: Terms of Service

Introduction
Please read and go through these Terms of Service and Usage (defined as "Terms") carefully. They contain the legal terms and conditions that govern your usage of services provided to you by Payflick. This includes information, text, images, graphics, data, or other materials (defined as "Content") and products and services provided through Payflick(defined as "Service"). This Service is operated by Payflick(defined as "Payflick"). Payflick is also referred to as "we", "our" and "us" in these Terms.

By using our Service you agree to be bounded by Section A, "General Terms", which are applicable to all users of our Service, including visitors to Payflick website(defined as "Site"). If you choose to be registered as a member of our Service, you'll be prompted if you agree to be bounded by the additional terms stated in Section B (defined as "Additional Terms for Members"). Advertisers("Advertiser") are bounded by the additional terms stated in Section C (defined as "Additional Terms for Advertisers") upon successful payments. Section C also applies to Members and/or but not limiting to any other individuals that use our Public Ads System and other advertising features offered by Payflick (defined as "PPC Ads").

Section A: General Terms

1. Availability
Service provided by Payflick is on an "AS IS" and "AS AVAILABLE" basis and Payflick reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without prior notice. With this, you agree that Payflick is and will not be liable to you for any modificaions, suspension, or discontinuance of the Service.

2. Privacy
Payflick is committed in the protection of your privacy. Please review the Privacy Statement of Payflick. The terms of Payflick's privacy policy are incorporated as part of these Terms.

3. Trademarks
All registered trademarks and trademarks are properties of their respective owners, otherwise stated.

4. Copyright
Payflick is, unless otherwise stated, the sole owner of all copyright and data rights in the Service and its contents. Reproduction, distribution, public display, deriative works based on any of the Content without the express, written consent of Payflick is prohibited. Payflick does not claim ownership rights for works or other material posted by our members or you.

5. External Links
Payflick may provide links to third-party websites or resources. You acknowledge and agree that Payflick is not liable or responsible for: (1) the availability and accuracy of such websites or resources (2) the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Payflick of such websites or resources or the Content, productts or services on or available from such websites or resources. You acknowledge the sole responsibility for and assume all risk arising from your use of such websites or resources.

6. Third Party Software
Payflick may make third-party softwares available through the Service. Your usage of such third-party softwares must be agreed to the terms and conditions imposed by the third party providor and such agreement will be solely between you and the third-part providor. By using the third-party softwares, you will acknowledge and agree that the software is provided on an "AS IS" basis without warranty of any kind. In no event Payflick shall be liable for claims or damages of any nature, be it direct or indirect, asiring from or related to any third-part softwares downloaded through the Service.

7. Conduct
You agree that you shall not interfere with or disrupt, or even attempt to, this Service or servers and networks in relation to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to Payflick that may be false or misleading, that attempts to hide your identity or that you do not have the right to disclose. You agree to defend and indemnify Payflick, its directors, employees, staff and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or anyway connected with your access to or usage of the Service, or your violation of these Terms.

8. Disclaimer of Warranty and Limitation of Liability
Payflick MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIFIED AS TO THE OPERATIONS OF THE SERVICE, THE CONTENT, OR PRODUCTS, PROVIDED THROUGH THE SEVICE. YOU AGREE THAT YOUR USAGE OF THE SERVICE IS AT YOUR OWN RISK. Payflick DISCLAIMS ALL WARRENTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. Payflick MAKES NO WARRANTY TO THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THIS SERVICE. YOU ACKNOWLEDGE THAT Payflick IS NOT LIABLE FOR YOUR DEFRAMATORY, OFFENSIVE OR ILLGEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, Payflick SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OR ANY KIND ARISING FROM THE USAGE OF THE SERVICE, EVEN IF Payflick HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS, AND LIMITATION SHALL APPLY NOTWITHSTANDING OF ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL Payflick'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO Payflick PURSUANT TO THIS AGREEMENT.

9. Amendment of the Terms
Payflick reserves the right to amend these Terms from time to time in our sole discretion. If you are a valid registered member of our Service, we shall notify of any changes made to these Terms(together with the effective date of such changes) by sending to the email address that you have provided to Payflick in your membership. For all other non-member users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted the changes in the Terms. If you do not agrees to the revised Terms, your sole remedy shall be to discontinue using the Service.

10. General
These Terms constitute the entire agreement between Payflick and you with repect to your usage of the Service. Payflick's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. Payflick reserves the right to assign its rights and/or delegate its obligations under these Terms, in whole or part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the valid written contest of Payflick. These Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore. Any disputes arising under or in connection with these Terms shall be subjected to the exclusive jurisdiction of the courts of Republic of Singapore.

11. Comments and Contact
If you have any comments or enquiries regarding the Service or Terms of Services please contact us via the Contact Us form.

Section B: Additional Terms For Members

12. Registration and Participation
To be registered as a member of the Service, you have to be at least 12 years old or lawfully permitted to enter into and form contracts under applicable law. Under no circumstances may minors submit Content to the Service. You agree that all information that you provide to us upon registration, or at all other times, will be true, accurate, current and complete. You also agree that you will ensure that all these informations is kept accurate and up to date at all times. This is essentially important especially with respect to your email address, since that is the primary way in which we will communicate with you.

13. Password
Upon registration, you will be prompt to provide a password to secure your account. You are responsible for safeguarding the password and you agree NOT to disclose your password to any third-party. You agree that it shall be solely your responsibility for any avtivities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify Payflick of any unauthorized use of your password.

15. Monitoring Content
Payflick has no control over the Content you may upload, submit or otherwise transmit using the Service and does not have any obligation to monitor such Content for any purpose. You agree and acknowledge that you are solely responsible for all the Content you upload, post or transmit otherwise via the Service.

16. Conduct
You agree that you are responsible for all actions and activities through the Service. Spamming of including but not limiting to referral links, advertisement links and the Service is strictly prohibited.

17. Use of Third Party Softwares with Payflick
Payflick DO NOT tolerates members using or promoting Third Party Softwares to automatically generate clicks, revenue or other actions on Payflick that deemed illegal to Payflick and is/are violating the Terms. Payflick reserves the right to terminate the membership of members using such softwares.

18. Employment and Membership
You are not an employee, agent or independent contractor for Payflick. The Service creates only a middle-man relationship between the Advertiser and You. You and Payflick reserves the right to terminate this connection at any point of time. You agree that you do not own any other account on Payflick, and you own only one single account.

19. Referral
As a member of Payflick, you are granted with the privillege of able to refer people with NO Payflick account to Payflick. You are also allowed to refer people in your own household as long as they have their own Paypal account. However, referring yourself will result in termination as described in Terms in Section 19. You can refer an unlimited amount of people but only earn from those who you have DIRECTLY referred to Payflick.

20. Payments
Cashouts can only be made when the account balance reaches more than US$ 10.00. In that case, Payflick will audit the account to make sure that the member is not violating the Terms for an unfixed period of time. Payflick will then pay the member via Paypal, and only Paypal, the amount that the member have requested in US Dollars. No re-payments will be made if failure occurred in payments due to invalid Paypal email supplied, the requested amount will still be deducted from the Member's Payflick account. Members can choose to convert the balance and use the account balance for advertisement. If you advertise, you will be bounded by Terms in Section C.

21. Tax
Due to Payflick's international, worldwide status, we are unable to do filing of taxes required by your governmental authorities. You are fully responsible for any filing of taxes that is required by your government.

Section C: Additional Terms For Advertisers

22. Conduct
You are responsible for all of Your Content you upload, download, and otherwise copy, distribute and display through the Service. You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the prior consent of the copyright owner or as otherwise permitted by law. You agree not to use the Service:

a) for any unlawful purposes;
b) to post, upload or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, sexually explicit, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
c) to post, upload or otherwise transmit any material that infringes any copright, trademark, patent, other intellectual property right or any moral right of any third parties including, but not limiting to, Payflick;
d) to harm minors in any way, including but not limiting to, uploading posting or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws, or laws prohibiting the depiction of minors engaged in sexual conduct or submitting any personally identifiable information about any child under the age of 13;
e) to post, upload or otherwise transmit any material which is likely to cause harm to Payflick or anyone else's computer systems, including but not limiting to that which contains any virus, code, worm, data, or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfuction, breakdown, or corruption to the Service;



23. Allowed Sites
As an Advertiser, you agree that your website(s) posted to the Service for advertising:

a) is/are NOT for any unlawful purposes;
b) is/are NOT sexually explicit, offensive, abusive, unlawful, threatening, illegal, harmful, menacing, or otherwise objectionable;
c) is/are NOT using framebreakers;
d) is/are NOT another Paid to Click Site;
e) is/are NOT using TinyURL service, unless manually approved by the Service;
f) is/are NOT scamming site(s);
g) is/are 100% virus-free, malware-free, spyware-free, adware-free;
h) is/are properly functioning and is not under construction;
i) is/are your own website;



24. Payments
To securely process payments, they are to be made over Paypal. Third Party Softwares used to make payments to us via Paypal is strictly prohibited unless manually approved by the Service. Other forms of payments including but not limiting to cash, cheques, AlertPay are currently not accepted.

25. Refund
Payments made for upgrade of membership and purchases of advertisement spaces are generally non-refundable. Refund will not be available.

Terms of Service last revised: 11 March 2008 10:07PM GMT+8

By submitting, you agree to the Terms of Service and will also mean that you have accepted our Privacy Statement.

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