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Terms
of Service
- Terms
of use
The following terms (
hereinafter the "Agreement"), along with our privacy
policy constitute the general terms and conditions of
use for the Services provided by Attractive Corporation Ltd
and its Web sites.
- Entire
Agreement and New Versions of the Agreement
YOU UNDERSTAND, ACKNOWLEDGE
AND EXPRESSLY AGREE THAT THIS AGREEMENT CONSTITUTES THE ENTIRE
AGREEMENT BETWEEN YOU AND Attractive Corporation Ltd AS
REGARDS SERVICES PROVIDED BY Attractive Corporation Ltd AND
ITS WEB SITE; THAT THIS AGREEMENT SUPERSEDES ANY PRIOR OR
CURRENT AGREEMENT, PROPOSAL OR STATEMENT REGARDING THE SUBJECT
MATTER CONTAINED HEREIN. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE
AND EXPRESSLY AGREE THAT Attractive Corporation Ltd RESERVES
THE RIGHT AND PRIVILEGE TO ALTER THE TERMS OF THE AGREEMENT.
EACH NEW VERSION WILL TAKE EFFECT 5 (FIVE) DAYS AFTER BEING
SENT TO YOU VIA E-MAIL. IF YOU DO NOT EXPRESSLY WITHDRAW YOUR
CONSENT, NOR DISCONTINUE RELATIONS WITH Attractive Corporation
Ltd AND USE OF SERVICES PROVIDED BY Attractive Corporation Ltd
AFTER THE NEW VERSION HAS BEEN SENT, THE NEW TERMS OF THE
AGREEMENT WILL BE CONSIDERED ACCEPTED. YOU ARE THEREFORE
REQUESTED TO VERIFY PROMPTLY THE TERMS OF NEW VERSIONS OF THE
AGREEMENT SENT BY E-MAIL. IF YOU DO NOT WISH TO AGREE WITH THE
TERMS OF THE NEW VERSIONS OF THE AGREEMENT, PROMPTLY NOTIFY
Attractive Corporation Ltd OF TERMINATION AND DISCONTINUE USE
OF SERVICES PROVIDED.
- Scope
of the Agreement
a) Attractive
Corporation Ltd is providing Member with a capability to lease
and operate his/her own adult internet site for profit.
Attractive Corporation Ltd will provide and maintain all
necessary content and services for the site.
b) XAssociation.com business tools are intended free for all
active affiliates.
c) Attractive Corporation Ltd pays You to take advantage of
the Services. How the earnings are calculated and credited is
explained further on, and can be read at www.XAssociation.com.
Attractive Corporation Ltd reserves the right and privilege to
change conditions, terms of payment and maximum amount payable
as set forth in Art. 2 above with regard to Attractive
Corporation Ltd’s right to change any condition in the
Agreement.
d)Earnings will be paid to You in the manner You choose within
a month from request of payment, provided that the amount due
per month exceeds 200.00 US$ . If, within the period, Your
credit does not reach 200.00 US$, the amount earned will be
carried forward to the following month, until the necessary
sum is reached. Earnings will then be duly credited. Under no
circumstance will delayed payment entitle You to payment of
interest.Through Your user ID and password, You can access
Your account at any time, to check the amount of Your credit
and the number of Referral Members at different levels that
quoted Your ID when enrolling.
e) You understand, acknowledge and expressly agree that the
amounts due mentioned above are calculated by Attractive
Corporation Ltd on the basis of registered and documented logs
which are to be considered full and exclusive evidence.
f) Only Active Affiliates are entitled to get receive our
compensation, no money is due to Inactive Affiliates. After 6 months (180 day's) of inactivity an affiliate will be deleted from the system completely
(Inactive Affiliate);
.
- Basic
Requirements for Membership
Any person is entitled to
join. Minors are not permitted to join. Otherwise. Attractive
Corporation Ltd reserves the right and privilege to deny
Services and Membership.Attractive Corporation Ltd can't
accept members from the Commonwealth of Dominica.
.
- Attractive
Corporation Ltd’s Obligations
a) Once the Agreement is
accepted on-line, Attractive Corporation Ltd will send an
acknowledgement to the e-mail address You provided.
b) Attractive Corporation Ltd entitles You to non-exclusive
and non-transferable use of the XAssociation.com trademark, to the
sole purpose of gaining Referrals. You are therefore entitled
to use the Attractive Corporation Ltd trademark in dealings
with Your family, friends and acquaintances to that purpose
only. The right to use the Attractive Corporation Ltd
trademark as described above is granted to You free of charge
for the entire duration of Your contractual relationship with
Attractive Corporation Ltd. Once You are no longer a Member of
Attractive Corporation Ltd and Your relationship with us is
discontinued, You will no longer be entitled to use the
Attractive Corporation Ltd trademark..
- Your
obligations
a)
You may sign up XAssociation.com only once, and maintain one
Membership and one Account only. Memberships may not be
established on behalf of third parties.
b) You must provide truthful, valid and accurate information
when requested.
c) You must comply with applicable laws and regulations for
the entire duration of Your Membership, and will not violate
third-party rights in any manner.
d) Membership, password and account are strictly personal and
are not transferable.
e) You expressly undertake to keep Your password secret,
making sure that it is not used inappropriately or without
Your authorization. At all events, You will be held liable for
inappropriate or unauthorized use of Your password. Attractive
Corporation Ltd is not liable for any loss or damage caused by
any disclosure of Your password or account, where this should
occur due to Your behavior or to causes unrelated to
Attractive Corporation Ltd.
f) Where Attractive Corporation Ltd should terminate the
Agreement, if You violate any provision under Art. 3 which
includes the terms and conditions of licenses of use of the
software and Attractive Corporation Ltd trademark, You may not
re-enroll or join under a new account unless formally invited
to do so by Attractive Corporation Ltd.
g) You must comply with Attractive Corporation Ltd’s
Anti-Spam Policy Spamming goes against netiquette, may be
considered unlawful and therefore punishable by law. You may
not use spam to obtain Referrals; it is considered a breach of
Attractive Corporation Ltd’s Anti-Spam policy, and therefore
of this Agreement. With no prejudice to damages that spamming
will entitle Attractive Corporation Ltd to, if You use
unsolicited mail to gain Referrals, Attractive Corporation Ltd
reserves the right to terminate the Agreement and sever the
branch of the Referral tree made up of direct and extended
Referrals obtained by You (the Spammer). The branch accounts (those
under the Spammer) will not be terminated, but no one above
the Spammer on the Referral tree will benefit (e.g. be
credited) from them. Measures taken by Attractive Corporation
Ltd against Spammers will be made known through the Web site.
h) You agree not to make any misrepresentations to any of Your
Referrals or potential Referrals with respect to compensation
typically received by XAssociation.com Members or with respect to
compensation that potential Members are likely to receive, and
not to provide third parties with incorrect or untruthful
information regarding Attractive Corporation Ltd and its
activities.
- Your
relationship to Attractive Corporation Ltd
Without prejudice to the
provisions set forth in Art. 4 above on basic requirements for
Membership, Attractive Corporation Ltd reserves the right to
refuse Membership to You if You provide untruthful information
on Your e-mail address ( necessary to send You Your ID ) or
any other data provided when joining Attractive Corporation
Ltd. Your relationship with Attractive Corporation Ltd is
governed by laws on the supply of services. No
employee-employer, partnership or agency relationship is
created by Your use of the Service. The relationship between
you and Attractive Corporation Ltd is exclusively governed by
the provisions set forth in the Agreement.
- Relationship
with Advertisers and Disclaimer of Warranties
a) You understand,
acknowledge and expressly agree that Attractive Corporation
Ltd makes no express nor implied warranty regarding the
quality, use, security or fitness of its Services.
b) You acknowledge that Attractive Corporation Ltd has no
control over the content of information and/or communications
sent to You and/or received by You through the Services; that
Attractive Corporation Ltd cannot be held liable for that
content, nor is under the obligation to check, edit nor review
it. Further, You expressly understand that neither receipt nor
distribution of information, messages, advice, opinions,
hypertext links and statements of any sort through the
Services provided by Attractive Corporation Ltd, are to be
attributed to us or bind us in any manner; that only the
authors of such information, messages, advice, opinions and
statements can be held liable for them; that receipt and/or
distribution of such information, messages, advice, opinions,
hypertext links and statements through Attractive Corporation
Ltd’s Services generates no relationship, contract nor
agreement between You and Attractive Corporation Ltd with
regard to such messages, opinions, advice and statements.
c) You acknowledge that Attractive Corporation Ltd cannot
warrant for the truthfulness, validity, completeness or safety
of the goods and/or services obtained, received, or
transmitted through its Services, and cannot be considered a
party to nor liable for any dealings between You and Merchants
or Advertisers. The legal relationship between You and such
Merchants or Advertisers contacted through Attractive
Corporation Ltd, including any matter regarding payment for
and delivery of related goods and/or services, promotions,
discounts or contests and any other terms, condition,
warranties or representations associated with such dealings,
are solely between You and such Merchant or Advertiser, with
no brokerage, facilitation nor intervention by Attractive
Corporation Ltd.
- Limitation
of Liability
a) Attractive Corporation Ltd
will not be held 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 services, 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.
b) You understand, acknowledge and agree that, also in view of
the fact that the Services are offered free of charge, if You
are dissatisfied with the Services provided by Attractive
Corporation Ltd, Your exclusive remedy is to terminate the
Agreement and cancel Membership in Attractive Corporation Ltd
as set forth in indent 12 below.
- Rights
of Attractive Corporation Ltd
Attractive Corporation Ltd is
entitled to interrupt Services entirely or partially, for Web
site maintenance or any other technical reason for all the
time necessary to restore the Services. Where possible,
Attractive Corporation Ltd will inform You of such
interruptions. Under no circumstance, however, Attractive
Corporation Ltd will be under the obligation to inform You
- Termination
and withdrawal by Attractive Corporation Ltd
a) Attractive Corporation Ltd
is entitled to terminate the Agreement and cancel Your
Membership in one or both Services by simply informing You and
without prior notice, for any violation of any of the
provisions under Art. 3, which sets forth the terms and
conditions of user licenses of Attractive Corporation Ltd’s
software and trademark..
b) Further, Attractive Corporation Ltd is entitled to
terminate the Agreement and cancel Your Membership in one or
both Services by simply informing You and without prior notice,
for technical reasons related to the Services or for any right
cause. If Attractive Corporation Ltd decides to terminate or
withdraw from the Agreement, You will be paid any credits in
Your account at the time Attractive Corporation Ltd notified
You of its decision to terminate the Agreement.
- Your
Right of Termination
You may terminate Attractive
Corporation Ltd services included in the Agreement at any
time. No penalty will apply. You may cancel Your Membership at
any time by notifying Attractive Corporation Ltd . If you
request payment of the credits accrued in Your account when
you edit Your personal profile, You will be credited all the
amounts You have earned at the time You cancel Your Membership.
Under no circumstance, including if You decide to re-enroll,
will You receive credit for Referrals made using Your previous
account. You can decide to re-enroll at any time. In that
case, You will be assigned a new account number.
- Privacy
Our privacy policy and
information regarding processing of personal information
are integral to the Agreement.
- Taxes
The Client is fully responsible for and agrees to pay all
taxes and other charges imposed by any government authority on
the services provided under this Agreement and on any
transactions processed pursuant to this Agreement.
- Subscription
Fees and Refund Policy
Subscribers will be charged a
subscription fee for the Service, in accordance with current
billing terms. Except as otherwise provided herein,
subscription fees are non-refundable.
- Competent
Jurisdiction, Applicable Laws and General Provisions
a) These terms, are governed by and will be construed in
accordance with the laws of the Common Wealth of Dominica. Any
dispute that should arise between You and Attractive
Corporation Ltd will be under the exclusive jurisdiction and
venue of the Court of Roseau, Common Wealth of Dominica.
b) In the event that any provision of these terms is held
unenforceable, the validity or enforceability of the remaining
provisions will not be affected.
Anti-SPAM
Policy
At XAssociation.com we do NOT endorse SPAM
in any way. We do our utmost to comply with all
SPAM laws and will never use your details for
SPAM. We will not send you anything you have not
requested and we will not disclose your details
to any other persons, except as necessary to
provide you with the best in service and
products.
The law, which became effective January 1,
2004, covers email which has the primary purpose
of advertising or promoting a product or service, including content on a Web site. A
"transactional or relationship message" – email
that facilitates an agreed-upon transaction or
updates a customer in an existing business
relationship – may not contain false or
misleading routing information, but otherwise is
exempt from most provisions of the CAN-SPAM Act.
You will be required to comply with this
Policy and the CAN-SPAM act.
What the law requires
- It bans false or misleading header
information. The "From,"
"To," and
routing information – including the originating
domain name and email address – must be accurate
and identify the person who initiated the email
- All commercial email must include your valid
physical postal address.
- The From line
must be from
your company/business
- Subject lines must not be
deceptive. The subject line cannot
mislead the recipient about the contents or
subject matter of the message.
- Each e-mail message must have an
opt-out/unsubscribe option.
- When you receive an opt-out/unsubscribe
request the law gives you 10 business days to
stop sending e-mail to the requestor’s email
address.
- You cannot help another person send email to
that address, or have another entity send email
on your behalf to that address.
- It is illegal for you to sell or transfer
the email addresses of people who choose not to
receive your email, even in the form of a
mailing list.
- All commercial email must be
identified as an advertisement.
- You must have the permission and
confirmation from each person on your
list that you can send them email communication.
The granting of said permission must be
“verifiable, deliberate, explicit and
still-revocable” via *closed loop opt-in and
still-revocable.
- You must not post ads in
Newsgroups or Forums that don't allow such ads or cross-post to several Newsgroups at the same time.
Penalties as listed by the Federal
Trade Commission
Each violation of the above provisions is
subject to fines of up to $11,000. Deceptive
commercial email is also subject to laws banning
false or misleading advertising.
Additional fines are provided for
commercial emailers who not only violate the
rules described above, but also:
- "harvest" email addresses from Web sites or
Web services that have published a notice
prohibiting the transfer of email addresses for
the purpose of sending email.
- generate email addresses using a
"dictionary attack" – combining
names, letters, or numbers
into multiple permutations.
- use scripts or other automated ways to
register for multiple email or user accounts to
send commercial email.
- Relay emails through a computer or network
without permission – for example, by taking
advantage of open relays or open proxies without
authorization.
The law allows the Department of
Justice to seek criminal penalties, including
imprisonment, for commercial e-mailers who do -
or conspire to:
- use another computer without authorization
to send commercial e-mail from or through it.
- use a computer to relay or retransmit
multiple commercial e-mail messages to deceive
or mislead recipients or an Internet access
service about the origin of the message.
- falsify header information in multiple
e-mail messages and initiate the transmission of
such messages.
- register for multiple e-mail accounts or
domain names using information that falsifies
the identity of the actual registrant.
- Falsely represent themselves as owners of
multiple Internet Protocol addresses that are
used to send commercial e-mail messages.
Affiliates
Penalties
XAssociation.com complies with the CAN-SPAM
Act of 2003 and will not tolerate SPAM from
Affiliates. Any Affiliate found to be guilty of
spamming will be dealt with appropriately.
On receiving notification of a valid Spam
complaint and if after investigating said
complaint, you are found to be guilty of sending unsolicited mail,
we will have no choice
but to permanently suspend your account and you
will forfeit all earning on this account.
Privacy Policy
Keeping you privacy
is very important to us. This Privacy Policy is to ensure that
your privacy is protected while using our Site. Please make sure
to review the site's Terms & Conditions.
What Information Do We Collect?
When you chose to join the site, we ask you to provide us with
certain information such as your email address, address and
instant messengers ID's.
We also collect your IP address.
Finally, we collect and keep your login and password (the
information you need to use the site) as well as any publications
you post on the site for others to view. For example: if you send
us personal correspondence, such as emails or letters, or if other
users or third parties send us correspondence about your
activities or postings on the site, we may collect such
information into a file which is only accessed by authorized
personnel. We may also collect other users' comments about you in
our complaints department.
Third Party Collections of Information:
Our policy only addresses the use and disclosure of information we
collect from you. To the extent that you disclose your information
to other parties on our system or other sites throughout the
Internet, different rules may apply to their use or disclosure of
the personal information you disclose to them.
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