Charmed Ideas Member Agreement
The Charmed Ideas Member Agreement contains details about the relationship between you and us relating to the Charmed Ideas service.
By signing up and actively using Charmed Ideas, you acknowledge that you have read and understood this Member Agreement and that you agree to be bound by all of its terms. If you do not agree to all of the terms of this Agreement, then please do not complete your sign up with Charmed Ideas.
You also acknowledge that you have had an opportunity to review the Charmed Ideas Privacy Notice.
This Agreement constitutes a legally binding agreement between Charmed Ideas and each individual who registers with Charmed Ideas by completing the registration form on the Charmed Ideas website.
Membership
Registration.
You represent that you are a person of legal age in the state in which you live (generally at least 18 to 21, depending on the state). You agree that it is your responsibility to keep your Member information current, complete and accurate by periodically updating your information in the appropriate section of our website.
Eligibility.
Charmed Ideas accepts new members from all countries and regions that have no trade restrictions imposed upon them by the United States government.
Fees.
We do not charge any membership fee.
Activity Requirements.
You must remain an active member of Charmed Ideas. Accounts showing thirty (30) days of inactivity may be suspended. Accounts showing forty five (45) days or more of inactivity will be terminated. Upgraded or On-Vacation accounts will be terminated after six (6) months of inactivity. All accounts are considered "inactive" after thirty (30) days of inactivity.
Policies.
You agree to comply with this Agreement, and all other policies, rules and terms and conditions as set forth in Service materials either in print or on our website (collectively, the "Policies"). The Policies, including any amendments which may be made from time to time, are hereby incorporated by reference into this Agreement. We may modify this Agreement or the Policies at any time upon notice given in accordance with this Agreement. This Agreement and the Policies as so amended will be posted on our website, and your continued use of the Service thereafter will constitute your affirmative acceptance of any such amendment and your agreement to the terms thereof.
Termination of Account and Forfeiture of Earnings.
Your account may be terminated by the following means:
1. Choice or Opt Out. You may opt out of receiving email communications from Charmed Ideas by canceling your account on the User Account Info page or by contacting administration and requesting that your account be canceled. Upon voluntary cancellation of your Charmed Ideas account, all Earnings will be forfeited.
2. Suspension. If your account is suspended by Charmed Ideas due to a violation of this member agreement, you have seven (7) days to contact Charmed Ideas for resolution and restoration. After seven (7) days, your account will be terminated and all Earnings will be forfeited.
3. Termination. In the event that your Charmed Ideas account is terminated due to a violation of this member agreement, your Earnings will be forfeited.
No Unauthorized Use of Charmed Ideas.
You agree that you will not, and will not permit others to:
1. provide any unauthorized third party with access to Charmed Ideas or any information, data, text, links, images, software, chat, communications and other content available through the Internet and proprietary to Charmed Ideas by any means;
2. modify, reverse engineer, reverse assemble or decompile any of the software applications used by you in connection with your participation with Charmed Ideas;
3. engage in any activity that does not comply with U.S. law or other applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through the use of the Charmed Ideas;
4. introduce into Charmed Ideas any code intended to disrupt Charmed Ideas, alter or delete its content, access confidential content on our website or interfere with the operation of Charmed Ideas, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses;
5. post any material in any form whatsoever on our website or within our forum that is defamatory, obscene or otherwise unlawful or violates any third party's right of privacy or publicity;
6. infringe any third party's patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of Charmed Ideas;
7. promote your referral link through unsolicited emailing, spamming or any other illegal method of mass communication; or
8. fraudulently obtain or attempt to maintain membership at Charmed Ideas to include: using a name, email address or physical address that does not belong to you, assumption of a false identity, signing up for multiple accounts, sharing computers with another Member of Charmed Ideas, sharing a payment account with another Member of Charmed Ideas, using software to autoclick advertising.
Security.
You will maintain the confidentiality of the user IDs and passwords by which you access Charmed Ideas, and will allow access to Charmed Ideas only by authorized persons, and not by any program, expert system, electronic agent, "bot" or other automated means. If you desire, you may authorize an account guest to contact Charmed Ideas to take certain actions on your behalf with respect to your account. Any use of your assigned user IDs or passwords will be deemed to be your use. If there is a breach of security through your account, you will immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your user ID and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction. In addition, you agree that we should assume that any instruction by an account guest that is in compliance with the Policies has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction. You will not permit any use of Charmed Ideas that would damage, interfere with or unreasonably overload Charmed Ideas. You acknowledge that Charmed Ideas will not contact you to solicit your user ID or password.
Earnings
Earnings.
Subject to this Agreement, you will receive point or cash payments denominated in U.S. dollars on all incentivized advertising, in the amounts or percentages determined by the advertiser's selection.
1. Points may be used to advertise, participate in Charmed Ideas offers or redeemed for cash at a rate determined based on the amount of points allocated in the system.
2. All active Members receive 20% of their direct referrals earnings.
3. There is no specific referral bonus.
4. There is a $0.25 Sign Up bonus awarded to all new members.
Payment Alternatives.
1. PayPal.
2. Alert Pay.
3. Money Order in U.S. Funds. Fees for money order purchase and postage will be taken from the Members earnings.
4. Hold. Hold may be elected by the member for the use of accruing additional Earnings prior to payment or redemption. When Hold is selected, the Member acknowledges the release of Charmed Ideas from the requirement of payment within thirty (30) days of reaching the payment threshold. Hold may be administered by Charmed Ideas if payment is unable to me made due to inaccurate payment information in the Member's Information Area.
Payment Thresholds.
Payment will be made to you within thirty (30) days of reaching the payment threshold associated with your membership level as follows:
1. Free Member, $7.00.
2. L1 Upgrade, Spellbound Member, $6.00.
3. L2 Upgrade, Enchanted Member, $5.00.
4. L3 Upgrade, Mystified Member, $4.00.
5. L4 Upgrade, Magician Member, $3.00.
6. L5 Upgrade, Alchemist Member, $2.00
7. Money Order exception. Due to the fees and costs associated with money orders, all money orders will be paid when Earnings reach $10.00 unless otherwise requested by the member after their account has reached the minimum payment threshold indicated above.
Payment Requests.
Payments will be made automatically on active accounts, within thirty (30 ) days of reaching the payment threshold associated with your membership level, and do not need to be requested. Specific payout requests in which the member has not reached the payout threshold indicated above will be disregarded.
Affiliate Programs.
Certain Affiliate Programs have agreed to pay us certain affiliate or referral fees when Charmed Ideas Members visit their site or purchase goods or services from such Affiliate Programs through our website. Earnings from Affiliate Programs offset general operating costs.
Account Adjustments.
In the event of any abusive or fraudulent activity related to Charmed Ideas, as determined by us in our sole discretion, we reserve the right to make any adjustments to your Charmed Ideas Account at any time. Any such adjustments, however, will be made in accordance with this Agreement, the Policies, any applicable laws, rules or regulations.
Miscellaneous
Relationship of Parties.
You and Charmed Ideas are independent contractors, and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and Charmed Ideas. You understand that you do not have authority to make or accept any offers or make any representations on behalf of Charmed Ideas. You may not make any statement, whether on your site or otherwise, that would contradict anything in this Member Agreement.
Suspension of Services or Closure of Site.
We may, in our sole discretion, at any time and without prior notice discontinue transmitting all or any part of Charmed Ideas; or change, discontinue or limit access to Charmed Ideas or any functionality, feature or other component of the Service.
1. If Charmed Ideas is closed, any Earnings held will be distributed pursuant to one of the Payment Alternatives provided by you on your User Account Info page within ninety (90) days of our notice. If we are not able to make payment within ninety (90) days due to inaccuracies in your Account Information or inability to contact you for resolution, your Earnings will be forfeited. To the extent that Charmed Ideas is closed and your Earnings are less than any minimum transfer amounts or processing fees, you will forfeit such Earnings. This statement does not, in any way, bind Charmed Ideas to members who have quit, or are deleted because of misuse of the system, in any way.
2. Should Charmed Ideas be sold, gifted or otherwise transferred to a new owner, the new owner will accept responsibility for all accounts, not holding the past owners responsible in any way. This new owner will have the right to amend this Membership Agreement. Members will have the right to accept, by staying, or decline, by leaving.
Disclaimer of Warranties.
1. Charmed Ideas is provided on an "as is" basis and without express or implied warranties of any kind. Charmed Ideas makes no warranty as to the quality, accuracy, completeness or validity of any materials related to Charmed Ideas and do not warrant that the functionality of such service will be uninterrupted or error free, that defects will be corrected, or that Charmed Ideas or the server(s) that make it available are free of viruses or other harmful components.
2. Charmed Ideas website may contain facts, views, opinions, statements or recommendation of third-parties. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, recommendation or other information displayed, uploaded or distributed through Charmed Ideas. You acknowledge that any reliance on such opinion, statement, recommendation or information will be at your risk. Furthermore, Charmed Ideas does not warrant, guarantee or make any representations regarding the quality of, or accuracy of advertisements for, any merchandise, produces or services offered or provided by advertisers or Affiliate Programs.
Exclusion of Certain Damages.
We will not be liable for any damages, including indirect or consequential damages, arising from:
1. any failure to screen Members of Charmed Ideas;
2. acts or omissions of any Members of Charmed Ideas;
3. materials posted by, or of, any party other than Charmed Ideas or any use thereof;
4. the accuracy, dependability, privacy, security, authenticity or completeness of data transmitted over or obtained using the Internet; or
5. any failure to perform any obligation hereunder, or from any delay in the performance thereof, due to causes beyond our reasonable control, including the elements, acts of God, labor disputes, acts of terrorism, acts of civil or military authority, fires, floods, epidemics, quarantine restrictions, failure or erratic behavior of telecommunications or power system, sabotage, armed hostilities, riots or government regulation of the Internet. Furthermore, certain hardware devices and software such as pop-up blockers, ad blocking software, viruses, worms, Trojans, adware, spyware and malware can interfere with the tracking of Earnings and/or the operation of our website. Charmed Ideas shall not be liable for your failure to receive Earnings or important information about Charmed Ideas as a result of a computer system failure or interruption or hardware devices or software on your computer or network.
Tax Advice.
Nothing contained on our website is intended to constitute personal tax advice. The tax consequences of participation in Charmed Ideas will depend on your particular tax circumstances. You are responsible for obtaining your own tax advice with respect to participation in Charmed Ideas. You agree that we will not have any liability for any information contained on or omitted from the Charmed Ideas website with respect to taxes and that we have no obligation to inform you of changes in the tax laws.
Limitation of Liability.
1. None of Charmed Ideas, it's Affiliate Programs, or any of their prospective employees, agents or affiliates are responsible or liable for any special, incidental, consequential, punitive or other indirect damages or for loss of profits, loss of data or loss of use damages, that result from the use of, or the inability to use Charmed Ideas. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability will be limited to the extent permitted by law.
2. In no event will Charmed Ideas liability to you from all damages, losses, and causes of action resulting from your use of Charmed Ideas whether in contract, tort, strict liability or otherwise, exceed the amount of funds held in your account while this agreement is in effect.
Communication.
1. Member and Account Guest Instructions. We may rely on your oral and electronic instructions and on your account guest's oral instructions. You agree that we will not be liable for honoring oral instructions received from any person claiming to be you or your account guest, provided reasonable verification procedures have been followed. We may follow any instructions received by electronic means through the Charmed Ideas website just as if you had given such instructions in person, regardless of whether or not you have personally initiated such instructions.
2. Charmed Ideas Communications. You consent to the receipt of all advertising, reports, transaction confirmations, account statements, correspondence and other information from us electronically through either (i) access to your Charmed Ideas Account on our website or (ii) the email address provided by you to us. We will not be responsible for your inability to connect to the Internet or to access the Charmed Ideas website or otherwise not to receive electronic communications. Electronic communications are presumed to be delivered to and received by you when sent by us, whether actually received or not. You acknowledge that you have access to hardware and software meeting the system requirements set forth on the Charmed Ideas website necessary to receive from us correspondence and records in electronic form. You may withdraw the consent to have those records provided or made available in electronic form by canceling your Charmed Ideas account, forfeiting all Earnings and terminating this Member Agreement. In the event that your email account becomes blocked to correspondence from Charmed Ideas, your Account will be set to Inbox Only.
3. All communication will be conducted in English.
General.
1. Transfer of Accounts. You may not sell or transfer your Charmed Ideas account to another individual or member without express, written consent of Charmed Ideas.
2. Notices. Any notice by one party hereto to the other will be in writing (which may include email) and either personally delivered, delivered by Internet email, or sent via United States Postal Service. Notices will be sent to you at the Internet email address or the mailing address specified in your account profile and to us at support@charmedideas.com or the mailing address specified in Charmed Ideas emails. All notices will be in English and will be deemed effective on the date of personal delivery, upon confirmation of email transmission, or five days after deposit with the U.S. Postal Service.
3. Severability. If any provision of this Agreement is held to be invalid, such invalidity shall not effect the remaining provisions.
4. Relief. You acknowledge and accept that any unauthorized use of Charmed Ideas delineated above is likely to irreparably harm us and will not be susceptible of cure by monetary damages. Consequently, if you participate in any unauthorized use of Charmed Ideas as described above, then we will be entitled to obtain injunctive or other equitable relief in addition to any remedies it may have at law.
5. Entire Agreement. This Agreement represents the entire agreement of the parties hereto with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter hereof (including without limitation, earlier versions of this Agreement that may have been accepted by you through the Charmed Ideas website or otherwise). We reserve the right to modify this Agreement at any time upon notice given in accordance with this Agreement. Your non-termination and continued use of Charmed Ideas after notice of any modification of this Agreement will constitute affirmative acceptance by you of such modification and your consent to abide by any terms thereof. You acknowledge that the most recent version of this Agreement will be located on the Charmed Ideas website under Member Agreement. No other act, document, usage or custom will be deemed to amend or modify this Agreement.
Effective Date 07/07/2009
|
|
|
