IMPORTANT Terms,
Conditions and Privacy Policy of DesktopDollars.com
AGE
RESTRICTIONS: YOU MUST BE 13 YEARS OF AGE OR OLDER TO BE ELIGIBLE FOR
A MEMBERSHIP AT DESKTOPDOLLARS.COM.
PLEASE READ THE ENTIRE AGREEMENT
BELOW, INCLUDING OUR PRIVACY POLICY, BEFORE PROCEEDING.
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:
Email
Address First Name Last
Name Birthday Birthyear Gender Address City State Country Zip/Postal
Code
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
When you visit DesktopDollars, we place a text
file called a "cookie" in the browser directory of your computer's hard drive.
The cookie enables the site to recognize the personal information you have
consented to give the site. As a result, we are able to identify you when you
return to the site so you can change your account information, and use other
services that we offer without having to re-enter your information. A cookie is
a small piece of information that a website can store on your web browser and
later retrieve. The cookie cannot be read by any website other than the one that
set up the cookie. We do NOT use cookies to examine your surfing behavior before
or after leaving our website.
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.
Security/Confidentiality
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.
Review/Modify/Terminate Membership
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 privacy@desktopdollars.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. 4. DesktopDollars.com will use all reasonable
efforts to handle data collected by the company through its operations in
compliance with DesktopDollars.com’s privacy policy, however, with any
disclosure requirements imposed by law. 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 info@desktopdollars.com