| WEBSITE
TERMS OF USE
END USER SOFTWARE LICENSE AGREEMENT |
|
If you do not agree to the Terms of Use, discontinue using the site immediately! By using this site, you signify your Assent and Agreement to these Terms of Use. If you do not agree to these Terms of Use, do not use the site. Restrictions on Use of Materials Materials in this website are Copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by US and International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this site are trademarks of Content-N-Cash.com or of other owners used with their permission. Database Ownership, License, and Use Content-N-Cash.com warrants, and you accept, that Content-N-Cash.com is the owner of the copyright of the Databases of Links to articles and resources available from time to time through Content-N-Cash.com and its contributors reserve all rights and no intellectual property rights are conferred by this agreement. Content-N-Cash.com grants you a non-exclusive, non-transferable license to use database(s)accessible to you subject to these Terms and Conditions. The database(s) may be used only for viewing information or for extracting information to the extent described below. You agree to use information obtained from Content-N-Cash.com's databases only for your own private use or the internal purposes of your home or business, provided that is not the selling or broking of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of the databases (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise. Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, or is for use in your business only internally, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for these purposes only. Nothing herein shall authorize you to create any database, directory or hard copy publication of or from the databases, whether for internal or external distribution or use. Liability The materials in this site are provided "as is" and without warranties of any kind either express or implied. Content-N-Cash.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Content-N-Cash.com does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Content-N-Cash.com does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Content-N-Cash.com) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Under no circumstances, including, but not limited to, negligence, shall Content-N-Cash.com be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if Content-N-Cash.com or a Content-N-Cash.com’s authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Content-N-Cash.com's total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site. Facts and information at this website are believed to be accurate at the time they were placed on the website. Changes may be made at any time without prior notice. All data provided on this website is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to Content-N-Cash.com and such information should not be relied upon as all-inclusive or accurate. Links and Marks The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of Content-N-Cash.com and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services or publications by Content-N-Cash.com or its subsidiaries and affiliates. Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of Content-N-Cash.com or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action. Confidentiality of Codes, Passwords and Information You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from Content-N-Cash.com, and all information to which you have access through password-protected areas of Content-N-Cash.com's websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever. Other Legal Stuff These Terms of Use will apply to every access to Content-N-Cash.com reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site: that version will then apply to all use by you following the date of publication. Each access of information from Content-N-Cash.com will be a separate, discrete transaction based on the then prevailing terms. This Terms of Use and the license granted may not be assigned or sublet by you without Content-N-Cash.com's written consent in advance. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the India, as it is applied to agreements entered into and to be performed entirely within such jurisdiction. To the extent you have in any manner violated or threatened to violate Content-N-Cash.com and/or its affiliates' intellectual property rights, Content-N-Cash.com and/or its affiliates may seek injunctive or other appropriate relief in any court in India, and you consent to exclusive jurisdiction and venue in such courts. Any other disputes will be resolved as follows: If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Bangalore, India. Both the parties will share any costs and fees other than attorney fees associated with the mediation equally. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Bangalore, India, under the rules of the Indian Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby. Termination These Terms of Use agreement are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all Content-N-Cash.com site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice at Content-N-Cash.com's sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other Content-N-Cash.com site(s) and all copies thereof, whether made under the terms of this agreement or otherwise. = = = END USER SOFTWARE LICENSE AGREEMENT CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT BY CLICKING THE ICON LABELED "I ACCEPT" OR PUTTING A CHECK IN THE CHECK BOX INDICATING THAT YOU HAVE READ THIS AGREEMENT AND ACCEPT IT'S TERMS. IF YOU DO NOT AGREE TO THIS LICENSE, YOUR ORDER WILL BE CANCELED, THE SOFTWARE WILL NOT BE DOWNLOADED AND YOU WILL NOT BE CHARGED. License Grant "You" means the person or company who is being licensed to use the Software or Documentation. "We," "us" and "our" means Content-N-Cash.com. We hereby grant you a nonexclusive license to use one copy of the Software on any single computer, provided the Software is in use on only one computer at any time. The Software is "in use" on a computer when it is loaded into temporary memory (RAM) or installed into the permanent memory of a computer-for example, a hard disk, CD-ROM or other storage device. If the Software is permanently installed on the hard disk or other storage device of a computer (other than a network server) and one person uses that computer more than 80% of the time, then that person may also use the Software on a portable or home computer. Title We remain the owner of all right, title and interest in the Software and related explanatory written materials ("Documentation"). Archival or Backup Copies You may copy the Software for back up and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the Software does not exceed that allowed in the "License Grant" section above. Things You May Not Do The Software and Documentation are protected by United States copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material-for example, a book. You may not: Copy the Documentation, Copy the Software except to make archival or backup copies as provided above, Modify or adapt the Software or merge it into another program, Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software, Place the Software onto a server so that it is accessible via a public network such as the Internet, or Sublicense, rent, lease or lend any portion of the Software or Documentation. Transfers You may transfer all your rights to use the Software and Documentation to another person or legal entity provided you transfer this Agreement, the Software and Documentation, including all copies, updates and prior versions to such person or entity and that you retain no copies, including copies stored on computer. Limited Warranty We warrant that for a period of 90 days after delivery of this copy of the Software to you: The media if any, on which this copy of the Software is provided to you will be free from defects in materials and workmanship under normal use, and The Software will perform in substantial accordance with the Documentation. To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, or to make any additional warranties. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Limited Remedy Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to either: Return the price you paid, or Repair or replace the Software or media that does not meet the foregoing warranty if it is returned to us with a copy of your receipt. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Term and Termination This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software and Documentation in your possession. Confidentiality The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS. Disputes This license agreement shall be governed by, construed and enforced in accordance with the laws of India, as it is applied to agreements entered into and to be performed entirely within such jurisdiction. To the extent you have in any manner violated or threatened to violate Content-N-Cash.com and/or its affiliates' intellectual property rights, Content-N-Cash.com and/or its affiliates may seek injunctive or other appropriate relief in any state or court in India, and you consent to exclusive jurisdiction and venue in such courts. Any other disputes will be resolved as follows: If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Bangalore, India. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Bangalore, India, under the rules of the Indian Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. General Provisions This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software. This license agreement may be modified only by writing and signed by you and us. In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the Govt. of India or any other export laws, restrictions or regulations. = = = BEFORE YOU CONTINUE PLEASE READ THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT CAREFULLY. BY CONTINUING ON YOU ARE AGREEING TO BECOME A PARTY TO AND BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT. Subscriber Agreement The Web site located at http://www.Content-N-Cash.com is provided by Content-N-Cash.com. Your access to and use of the Site is governed by this Subscriber Agreement ("Agreement"). As used in this Agreement, "," "we," "us'" or "our" refers to Content-N-Cash.com, and "you" or "your" refers to you, the user of the Site. The Agreement below is the agreement you consented to upon subscribing to the site. The Agreement does not apply to use of the publicly available Web Site maintained by Content-N-Cash.com 1. Access and Passwords As part of the subscription process for this Site, you have selected or been assigned a particular username and password in accordance with Content-N-Cash.com's username and password guidelines. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD. You agree that all actions taken by you, or any other user that accesses the Site using your username and password, at or through the Site will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or made an error. You assume all resulting liability from use of the Site and any services available on it by you or others using your username or password. If you lose your username or password, please contact us at: support@Content-N-Cash.com. 2. Subscription Fees and Payments You can always find the current Subscription Fees posted on our site. Your subscription will continue and renew automatically, unless terminated by Content-N-Cash.com, or until you notify Content-N-Cash.com by email or as designated on the Site of your decision to terminate your subscription. If there are any annual, monthly, or similar periodic fees for your subscription, these fees will be billed automatically to the credit card designated during the registration process for the Site or subsequently designated by you to Content-N-Cash.com, at the start of the annual, monthly, or similar period, and at the start of each renewal period, unless you terminate your subscription before the relevant period begins. You agree to pay or have paid all fees and charges incurred in connection with your username and password for the Site (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. Content-N-Cash.com may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All fees and charges incurred in connection with your Content-N-Cash.com, username and password will be billed to the credit card designated during the registration process for the Site or subsequently designated by you to Content-N-Cash.com. If you want to designate a different card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Site using your username and password without your authorization, you may email us at support@Content-N-Cash.com. You are also responsible for any fees or charges incurred to access the Site through an Internet service provider or other third party service. YOU, AND NOT Content-N-Cash.com ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU. 3. Privacy Our Privacy Notice is a part of this Agreement and its terms are incorporated herein by this reference. Please read it now at the link on our site. 4. User Conduct The Site may contain bulletin board services, news groups, forums, and/or other message or communication facilities ("Communication Services") designed to enable you to communicate with others. You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to the particular Communication Service. You are also prohibited from submitting to, posting or transmitting through Content-N-Cash.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" is prohibited. You may not use a false email or postal address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of Content-N-Cash.com nor its affiliates, not any of their officers, directors, employees, or agents. You acknowledge that Content-N-Cash.com does not pre-screen all content, but that Content-N-Cash.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is made available via the Communication Services. Without limiting the foregoing, Content-N-Cash.com and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable. You specifically agree that Content-N-Cash.com is not responsible for any content sent using and/or included in the Site by any third party. 5. Copyright and Restrictions This Web site contains proprietary material of Content-N-Cash.com (or material that other suppliers have licensed to Content-N-Cash.com for their use) which is protected by copyright and other laws respecting proprietary rights. Content-N-Cash.com retains all rights in the material and media, including (without limitation) all copyright and other proprietary rights worldwide in all media. You may not use Content-N-Cash.com except as expressly permitted under this Agreement and under U.S. copyright laws. Any routine and/or systematic redistribution of any portion of the products licensed herein is expressly prohibited. End users who are duly authorized may Access for individual use, i.e., may view the information on screen; may download small portions of the information to a computer disk for personal convenience and later reference; and may print paper copies of small portions for personal use only. The rights granted here is an expansion of the rights granted under the Copyright Act and do not include any rights to reproduce in its entirety any portion of the information or materials contained therein. No part of the information may be duplicated in any medium or format beyond the express terms of this Agreement without prior written authorization from Content-N-Cash.com. Any use not authorized by the Agreement is prohibited and is not a fair use under the Indian, U.S. and International copyright laws. You acknowledge that the information (and the licensed materials contained therein) is highly proprietary in nature and that unauthorized copying, transfer or use may cause Content-N-Cash.com and/or Content-N-Cash.com's suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of this provision by you, or any subscriber or end-user, may be enforced by Content-N-Cash.com, and/or any of Content-N-Cash.com's suppliers, by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies. You agree that any supplier of any portion of the licensed materials may enforce its rights against you, even though that supplier is not a party to the Agreement. You may not and may not permit others to: reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from or contained in or on this Site in any manner whatsoever that may infringe any copyright or proprietary interest of Content-N-Cash.com; distribute the information contained in and/on this Site to other users not duly authorized to Access the Site; distribute, rent, sublicense, lease, transfer or assign the information or Agreement; decompile, disassemble, or otherwise reverse-engineer this Site or information contained in or on this Site or any software contained therein, or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law. You are expressly prohibited from placing or installing any portion of the information on any electronic media, including, but not limited to, local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web sites or any other server that is Internet-enabled, without written authorization by Content-N-Cash.com. If you breach any provision of this Agreement, Content-N-Cash.com may immediately terminate this Agreement and all licenses granted hereunder without prior notice and in addition to any other available rights and remedies 6. Limitations on Use The following activities are prohibited. You agree not to: a. Use Web-accelerated browsers or products (including but not limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other applications that are capable of copying large portions of content from the Site. Content-N-Cash.com can detect the use of these systems through live log file analysis and will ban any future use by offenders. b. Use robots and crawlers, or similar technology, without following the robot guidelines (found at http://info.webcrawler.com/mak/projects/robots.html). We are able to detect robots violating the guidelines and we will ban any offenders. If you are using a robot/crawler to check Content-N-Cash.com links, it must operate according to the robot guidelines (see above). Do not leave new robots unattended and allow a minimum of 1 minute between automated requests. c. Use any device, software or routine or the like to interfere or attempt to interfere with any Site functionality; d. Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure; e. Use any email addresses appearing on the Site for purposes not relating specifically to the Site; f. Access the Site by any means other than through the interface that is provided Content-N-Cash.com, or attempt or access any area of the Site to which your access is not authorized; or g. Reverse engineer, reverse-assemble or otherwise attempt to discover any source code relating the Site, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. 7. Accuracy and Availability of Information The Site contains database information and other content compiled by Content-N-Cash.com. While we use commercially reasonable efforts to provide accurate information, Content-N-Cash.com gives no warranty as to the accuracy of the database and other content on the Site. Content-N-Cash.com reserves the right to withdraw or delete information or content from the Site at any time. 8. Links to Third Party Sites Content-N-Cash.com does not endorse the content on any third-party Web site, including Web sites of Content-N-Cash.com’s affiliates ("Third-Party Sites"). Content-N-Cash.com is not responsible for the content of Third-Party Sites that you reach through links on the Site, sites framed within the Site, or third-party advertisements on the Site, and we do not make any representations regarding their content or accuracy. Your use of Third-Party Sites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction that you conduct at a Third-Party site will be between you and the party providing that Web site. This means that Content-N-Cash.com is not your agent and is not a party to any transaction at a Third-Party Site. 9. Representations and Warranties You represent and warrant to Content-N-Cash.com that: (a) You possess the legal right and ability to enter into this Agreement; (b) All information submitted by you to the Site is true and accurate; (c) You will be responsible for all use of your username and password even if such use was conducted without your authority or permission; (d) You are at least 18 years old; and (e) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. 10. Disclaimer of Warranties ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE BY Content-N-Cash.COM AND ITS AFFILIATES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, AND Content-N-Cash.COM AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Content-N-Cash.COM DOES NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH INDIAN LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. 11. Limitation of Damages IN NO EVENT WILL Content-N-Cash.COM OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF Content-N-Cash.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 12. Limitation of Liability; Exclusive Remedy ALSO, IN NO EVENT WILL Content-N-Cash.COM OR ANY OF ITS AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY Content-N-Cash.COM FROM YOU FOR ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM. 13. Indemnity You agree to indemnify and hold us harmless, and pay our attorney's fees and costs, if we become liable for or incur any damages in connection with your breach of this Agreement. You may not settle any dispute without our prior consent, which may only be given in a non-electronic writing signed by an authorized representative of Content-N-Cash.com. 14. Consent to Electronic Notices and Other Communications You agree that all of your transactions relating to the Site may, at our option, be conducted electronically, including any that we are otherwise required to provide in "writing". For example, we may send you notices via postings at the Site or via email to any email address that you provide to us during registration as a Site member. If you do not wish to deal with us electronically, you should not use the Site or enter into this Agreement. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after the email is sent, unless (for email) we are notified that the email address is invalid. Alternatively, we may give you notice by mail to the address provided during registration. 15. Print a Copy for Your Records You agree to print or make an electronic copy of this Agreement (and any amendment from time to time) and retain it in your records. You also agree to make a copy of any other information that we deliver to you in writing. 16. Termination Content-N-Cash.com may terminate your subscription and/or access, or suspend access to all or part of the Site, without notice, for any conduct that Content-N-Cash.com, in its sole discretion, believes is in violation of this Agreement, any applicable law, or any act which is harmful to the interests of another user, service provider, or Content-N-Cash.com. Content-N-Cash.com may also elect not to renew your subscription and access by providing a notice of nonrenewal prior to the end of your current subscription term. Applicable sections of this agreement will survive any termination or expiration of this Agreement. 17. Assignment You agree not to assign your rights under this Agreement without the consent of an authorized representative of Content-N-Cash.com in a non-electronic record, and any assignment without Content-N-Cash.com's consent will be void at Content-N-Cash.com's option. This Agreement will inure to the benefit of and bind the parties' respective successors and permitted assigns. 18. Applicable Law and Disputes
This Agreement is governed by the laws of the India, without regard to principles of conflict of laws. To the extent you have in any manner violated or threatened to violate Content-N-Cash.com and/or its affiliates' intellectual property rights, Content-N-Cash.com and/or its affiliates may seek injunctive or other appropriate relief in any court in the India, and you consent to exclusive jurisdiction and venue in such courts. Any other disputes will be resolved as follows: If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Bangalore, India. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: support@Content-N-Cash.com, under the rules of the Indian Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. 19. Amendments Content-N-Cash.com may change the provisions of this Agreement. When Content-N-Cash.com changes the terms of this Agreement, Content-N-Cash.com will notify you by email or online postings on this Site. The changes will also appear in this document, which you can access any time. You already agreed to be bound by the changes when you first subscribed to the site. If you do not agree to be bound by the changes, you should not use the Site again and you should cancel your subscription to the Site. Even if you have not clicked on the "I Agree" button or checked the I agree box when subscribing, if you use the Site after you have been notified of a change to this Agreement, you are agreeing now to be bound by that change. 20. Entire Agreement; Severability; No Waiver This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supercedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by Content-N-Cash.com except in a signed, non-electronic writing signed by an authorized representative of Content-N-Cash.com. 21. General If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you and Content-N-Cash.com or its affiliates as a result of this Agreement or your use of the Site. = = = DISCLAIMER AND TERMS OF USE AGREEMENT The author and publisher of this Ebook, Article or Program and the accompanying materials have used their best efforts in preparing this Ebook, Article or Program. The author and publisher make no representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the contents of this Ebook, Article or Program. The information contained in this Ebook, Article or Program is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this Ebook, Article or Program, you are taking full responsibility for your actions. EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND IT'S POTENTIAL. EVEN THOUGH THIS INDUSTRY IS ONE OF THE FEW WHERE ONE CAN WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES. WE DO NOT PURPORT THIS AS A "GET RICH SCHEME." ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS. MATERIALS IN OUR PRODUCT AND OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS "ANTICIPATE," "ESTIMATE," "EXPECT," "PROJECT," "INTEND," "PLAN," "BELIEVE," AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE. ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL. The author and publisher disclaim any warranties (express or implied), merchantability, or fitness for any particular purpose. The author and publisher shall in no event be held liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this material, which is provided "as is", and without warranties. As always, the advice of a competent legal, tax, accounting or other professional should be sought. The author and publisher do not warrant the performance, effectiveness or applicability of any sites listed or linked to in this Ebook, Article or Program. All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose. This Ebook, Article or Program is © copyrighted by Content-N-Cash.com. No part of this may be copied, or changed in any format, sold, or used in any way other than what is outlined within this Ebook, Article or Program under any circumstances. = = = This agreement describes the entire terms and conditions for participation in the Content-N-Cash.com Affiliate Program. In this agreement, the term "Affiliate" refers to you (the applicant). Wherever the agreement refers to "you" or "your", it means "the Affiliate"; "we" or "our" refers to Content-N-Cash.com Affiliate Site ClickBank will create a unique URL for you when you submit a complete Affiliate Enrollment Form. Commissions You will receive 50% of the revenue as a commission from orders placed through your Affiliate Site (unless stated otherwise for a particular product) less the charges outlined by ClickBank in their agreement http://www.clickbank.com/paychecks.html, if the transaction is done through ClickBank. For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered. Commissions will only be paid on sales that are made through qualified Affiliate links. Payment ClickBank will send a check for the applicable commissions within the framework of their policies http://www.clickbank.com/paychecks.html. If any order that generated a referral fee is returned by the customer, or if there are any returned checks or charge backs, the amount will be deducted by ClickBank from the next payment due affiliate.
In case ClickBank is not used for payment processing, the affiliates will receive their commission to their Paypal Account. Order Fulfillment Content-N-Cash.com will be solely responsible for processing every order placed by a customer on the Affiliate Site. You are not authorized to sell any of these products from your site as a "reseller" and no "resale" rights are granted in ANY way on these products unless otherwise noted. Customers Customers who purchase products and services through the Affiliate Program will be deemed to be customers of Content-N-Cash.com. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. Content-N-Cash.com policies will always determine the price paid by the customer. Qualification for Commissions Affiliates must have an active link from their website to their Affiliate link in order to qualify for commissions. Qualifying Sites Content-N-Cash.com reserves the right not to accept any site into the Affiliate Program based on site content. Sites that Do Not Qualify for the Affiliate Program include sites which: · Promote sexually explicit materials · Promote violence · Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age · Promote illegal activities · Violate intellectual property rights Unsolicited Commercial Email or SPAM Content-N-Cash.com in no way participates in mass unsolicited emailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the Content-N-Cash.com Affiliate Program, with no refund. Bottom line: If you spam you're out! Relationship of Parties You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict this statement. Term and Termination The term of this Agreement will begin when you accept and will end when terminated by either party. Either Content-N-Cash.com or you may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate's Web Site, all links to the Content-N-Cash.com Site, and all Content-N-Cash.com trademarks and logos, other Content-N-Cash.com Marks and all other materials provided in connection with this Agreement. We may reject your application or terminate you if we determine (in our sole discretion) that your site is unsuitable for the Program for any reason, including, harmful, threatening, defamatory, obscene, sexually explicit harassing, or racially, ethically, or otherwise objectionable, such as sites that: · Promote sexually explicit materials; · Promote violence; · Promote discrimination based on sex, religion, nationality, disability, sexual orientation, or age; · Promote illegal activities; or · Infringe or otherwise violate any copyright, trademark, or other intellectual property rights. Limitation of Liability We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to you under to this Agreement. Disclaimers We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate links will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. Disputes If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Bangalore, India. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Bangalore, India, under the rules of the Indian Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. Mediation will be shared equally by each of us. Assignment You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Miscellaneous Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect. By signing up with ClickBank, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement. = = = |
|
|