Definitions
The Website shall be defined as PaidSamples.com, a web property managed by SayForExample, Inc.
The Service shall be defined as Paid Samples
The Designated Amount shall be defined as $20
Member shall be defined as any visitor of The Website or user of The Service.
Third Party shall be defined as any website or entity outside of The Website.
By using The Website you agree to be bound by these terms of use (the Agreement), whether or not you register as a member (Member). If you wish to become a Member read the Agreement and indicate your acceptance of it by following the instructions on the Sign-Up page.
Agreement
This agreement sets out the legally binding terms of your use of The Website and your membership in the Service and may be modified by The Website at any time and without prior notice, such modifications to be effective upon posting by The Website on the Website. This agreement includes The Website's policy for acceptable use of the Website and the Service, The Website's Privacy Policy, and any notices regarding the Website.
1. Eligibility. You must be a citizen or resident of the United States to visit The Website and use The Service. You must be at least eighteen years of age and have reached the legal age of maturity in your jurisdiction to visit The Website and use The Service. By using The Website, you represent and warrant that all registration and profile information that you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that your use of The Website will not violate any applicable law or regulation. Your profile may be deleted at any time, without warning, if it is found that you are misrepresenting your age and you are younger than 18. You are solely responsible for all Content published or displayed through your account, including any email messages or posts, and for your interactions with other members. The Website and any services provided by The Website are void where prohibited by law and it is the user's sole responsibility to ascertain if it is legal in the user's area to use The Website and any services provided by The Website before using The Website or any services provided by The Website.
2. Term. This agreement shall remain in effect in full force and effect while you use the Website and/or are a Member. If The Website terminates your Membership in the Service because you breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees, should any exist, or any monies owed to you by The Website for whatever reason. Even after membership is terminated, this Agreement will remain in effect.
3. Non Commercial Use by Members. The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or The Website for any purpose. Passwords and compiled names, photos, links, and Website content are not to be transferred or copied from The Website for use with any other product or service. Illegal and/or unauthorized uses of The Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to The Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
4. User Responsibilities. You agree to and must use your own contact information, including but not limited to full name and email address, in the registration/sign-up process either on The Website or any Third Party site that The Website directs you to. Under no circumstances may you assume a false identity either with the Website or any Third Party partner of The Website. You agree to maintain a maximum of one account; you may not register multiple times with different email addresses. After you register, it is your responsibility to keep any login information confidential, as you are solely responsible for all actions taken with your account. Should any instances of fraud, system abuse, or any type of activity deemed to be inappropriate or illegal by The Website be detected it may result in member termination and possible legal action. Any solicitation of advertisers for a confirmation email for purposes of receiving credit in your account will be grounds for immediate termination. You agree to receive e-mails from The Website on a reasonable schedule that may contain advertising or links to Third Party services. In the event your e-mail account on file becomes closed or blocked to messages from The Website, your account may be terminated.
5. Relationship between The Website and The User. You and The Website are independent contractors, and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and The Website. You understand that you do not have authority to make or accept any offers or make any representations on behalf of The Website. You may not make any statement that would contradict anything in this section. You are solely responsible for the reporting and payment of any taxes for money earned while using the program.
6. Payment. During use of The Website's Services you will have opportunities to earn money for completing certain actions on Third Party websites. The actions necessary for payment will be described in detail by The Website before every opportunity. If you do not complete all actions listed, The Website is under no obligation to pay you or reimburse you for any expenditure you might have made. The opportunity must also be directed through The Website, any non-tracked or non-sanctioned actions will not be compensated. Duplicate actions either made with the same information or with an email alias will also not be compensated. Your account will be credited the stated amount after all required actions have been completed and The Website has received confirmation of completion from the Third Party. If the Third Party does not report a completed action when the user feels there should be one, The Website will make its best effort towards ascertaining the status of the action, but is under no obligation to provide payment or reimbursement for any related or non-related expenses. Any solicitation of Third Parties for a confirmation email to be sent to The Website for purposes of receiving credit for an action will be grounds for immediate termination. In the event the action requires an up-front expenditure on the part of the user (a product acquisition fee) The Website will clearly mark whether the user will be reimbursed for this fee or not. Any additional fees either at the time of sign-up or at any later date will not be reimbursed by The Website and are the user's sole responsibility. The Website is under no obligation to inform the user of and has no responsibility for reimbursement of any future fees charged for the service provided by the Third Party.
7. Payment Schedule. Payments are automatically processed once per business day save for US federal holidays. On these days, if your balance is greater than or equal to the designated amount as specified on The Website and you have requested payment in accordance with the instructions on The Website, you will receive an email about the steps necessary to accept payment. You may only elect to receive payment via PayPal. No checks or money orders will be issued. PayPal payments are made the same day. To accept a PayPal payment, you must have a valid PayPal account. PayPal payments may or may not be immediately funded and therefore may take up to 5 business days to fully process. You are solely responsible for any fees associated with using PayPal.
8. Third Party Content. The Website's site contains links to other third party websites. The Website is under no obligation to remove or correct inclusion of or links to unintended, objectionable, antiquated or erroneous content. The Website will not be held responsible for any loss of data or monies regarding your use of these third party websites. Use of or links to third party websites is not an endorsement of their services.
9. Proprietary Rights in Content on The Website. You acknowledge and agree that the Service uses and contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized in these Terms of Service, you agree not to modify, sell, distribute or create derivative works based on the Service in whole or in part for any purpose whatsoever. You agree not to access the Service by any means other than through the interface that is provided by The Website for use in accessing the Service.
10. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
11. Privacy. Use of the Website and/or Service is also governed by our Privacy Policy.
12. Disclaimers. The Website is not responsible for any incorrect or inaccurate Content posted on The Website or in connection with the Service, whether caused by users of The Website, Members or by any of the equipment or programming associated with or utilized in the Service. The Website is not responsible for the conduct, whether online or offline, of any user of The Website or Member of the Service. The Website assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. The Website is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will The Website be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of The Website or the Service, any Content posted on The Website or transmitted to Members, or any interactions between users of The Website, whether online or offline. The Website and the Service are provided "AS-IS" and The Website expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Website cannot guarantee and does not promise any specific results from use of The Website and/or the Service. The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by you from The Website or through or from the service shall create any warranty not expressly stated in these Terms of Service.
13. Promotional Materials. Any suggested compensation or value listed in promotional materials is a potential dollar amount or value as provided to The Website by the third party. This stated dollar amount or value listed is not a guarantee of compensation. Under no circumstances will The Website be held responsible for all or any part of the stated compensation or value.
14. Limitation on Liability. In no event will The Website be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of The Website or the Service, even if The Website has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, The Website's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to The Website for the Service during the term of membership. In no event will The Website be liable to you or any third person for any monetary, indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of Third Parties' services even if The Website directed you to the third party services. Your interaction with and use of any third party services are covered by the Third Parties' Privacy Policy and Terms and Conditions. We highly recommend that you take the time to read the Third Parties' Privacy Policy and Terms and Conditions before interacting with or using the Third Parties' services.
15. Disputes. If there is any dispute about or involving The Website and/or the Service, by using The Website, you agree that the dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, City of New York.
16. Indemnity. You agree to indemnify and hold harmless The Website, its affiliates, officers, agents, partners, and employees from any claim, action, demand, loss or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to the your use of The Website, the Service provided by The Website, your violation of these Terms of Service, or your violation of any rights of a third party.
17. Other. This Agreement, accepted upon use of The Website and further affirmed by becoming a Member of The Website, contains the entire agreement between you and The Website regarding the use of The Website and/or the Service. The failure of The Website to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
LAST UPDATED 06/12/2006
