The Services are not targeted towards, nor intended for use by, anyone under the age of 16. By using the Services, you represent and warrant that you are 16 years of age or older. If you are under the age of 16, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
To use the Site and/or Services legally, you must register for an account on the PriceBye.com. You must provide accurate and complete information and keep your Account information updated. You shall not: select or use as a username a name of another person with the intent to impersonate that person; use as a username a name subject to any rights of a person other than you without appropriate authorization; or use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents), and for keeping your Account password secure. You may never use another person's user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state, provincial, territorial or other authorities), breach of security or unauthorized use of your Account.
For purposes of these Terms of Service, the term "Content" includes, without limitation, Personal Information, data, text, files, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, "Content" also includes all that is presented by the user. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, revocable, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
By submitting any User Content to the Website, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit such User Content in connection with the Website, the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the Website or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user of the Website and/or the Services a non-exclusive, perpetual license to access any of your User Content that is available to such user on the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. By submitting any User Content to the Services other than on the Website, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, aggregate, reproduce, distribute, prepare derivative works of, display, and perform such User Content solely for the purpose of providing the Services. For clarity, the foregoing licenses granted to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services and the activity of any sub-user that uses it. You agree that you will not transmit, distribute, post, store, link, or otherwise traffic in Content, information, software, or materials on or through the Service that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, offensive, profane, contains or depicts pornography that is unlawful, or is otherwise inappropriate as determined by us in our sole discretion, you know is false, misleading, untruthful or inaccurate, constitutes unauthorized or unsolicited advertising, (iv) impersonates any person or entity, including any of our employees or representatives, or includes anyone's identification documents or sensitive financial information. You shall not: take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure; interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); run any form of auto-responder or "spam" on the Services; use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website; harvest or scrape any Content from the Services; use the Services for high risk activities, life support systems, or any other use where the failure of service could lead to death, personal injury, or environmental damage; or otherwise take any action in violation of our guidelines and policies. You shall not (directly or indirectly): decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, modify, translate, or otherwise create derivative works of any part of the Services, or copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
Subscribers shall not use any method to circumvent the provisions of these Terms of Service and send bulk email utilizing their own resources on the Services. Subscribers may not use the Services in a manner that would violate the lawful privacy rights of any person, or to publish or republish defamatory or libelous statements, or to harass or embarrass anyone. Subscriber shall comply with all applicable export and import control laws and regulations in its use of the Services, and, in particular, Partner shall not utilize the Services to export or re-export customers data without our agreement. Subscriber shall responsibility to obtain the same cost and expense, and in the event of any breach of this duty resulting in legal claims against PriceBye, Subscriber shall defend, indemnify and hold PriceBye harmless from all claims and damages arising therefrom. Subscribers shall utilize proper security protocols, such as setting access control mechanisms, safeguarding access to Personal Information. These Terms of Service are binding upon all Subscribers.
The Site may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource. It is your responsibility to protect your system from such items as viruses, worms, Trojan horses and other items of a destructive nature.
Using logos, trademarks, as well as the signatures and names, infographics, texts and other materials of third parties is governed by this agreement. PriceBye does not claim authorship or ownership of such materials. In the case of using fully or partially of public material that are owned or leased by third parties undertakes to indicate owners or holders of the rights of these materials in any manner prescribed by internal rules PriceBye. Any unauthorized or accidental use material of third party will not be considered as a violation of their copyright or ownership rights. For using such materials PriceBye is not responsible and can not be held liable to the owners or other parties. If unauthorized use is detected then such disputes can be settled only between the PriceBye and right holder without the involvement of other parties including the court. PriceBye understands the importance of compliance of legal regulations and does not violate the law. The right holder can and must notify us in the event of such a precedent, and then must present all the documents confirming his ownership rights. Only in this case we undertakes to eliminate such materials and in this manner to resolve this case. Only in this way the incidents can be resolved.
PriceBye accepts major credit cards, debit cards, and Paypal payments. Virtual credit cards and gift cards typically will not be accepted. Please note that any payment terms presented to you in the process of using or signing up for paid Services are deemed part of this Agreement. We use third-party payment processors (the "Payment Processors") to bill you through a payment account for use of the paid Services. The processing of payments may be subject to the terms, conditions and privacy policies of the Payment Processors in addition to this Agreement. We are not responsible for error by the Payment Processors. By choosing to use paid Services, you agree to pay us, through the Payment Processors, all charges at the prices then in effect for any use of such paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processors, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
The term of this Agreement shall be dayly, to commence on the date. All invoices are denominated, and Subscriber must pay, in U.S. Dollars no later than ten (10) days past the invoice date. This process ensures that Subscribers are not subjected to additional scrutiny. Subscribers are entirely responsible for the payment of all taxes. All fees and renewal fees will be billed at the rate agreed to at purchase. At cancellation, your Account will be inactivated and you will not have any access to the Services. Some of the paid Services may consist of one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Payments processed within ten (10) days of invoicing. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action to this regarding.
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING PROCESSING PERIOD, EVEN IF PriceBye HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. SUBSCRIBER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT PriceBye WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. SUBSCRIBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST PriceBye ARISING OUT PURCHASE OR USE OF THE SERVICES, OR ANY CONDUCT OF DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.
IN ADDITION, YOU AGREE THAT PriceBye IS NOT RESPONSIBLE FOR ANY DATA COMPILED BY OUR SERVICES AND THAT WILL NOT BE LIABLE, IN ANY MANNER, AS A RESULT OF YOUR EXPOSURE TO ANY DEFAMATORY, LIBELOUS, THREATENING, UNLAWFULLY HARASSING, OBSCENE OR OTHERWISE UNLAWFUL CONTENT OR DATA. ANY THIRD PARTY PROVIDER OF ANY COMPONENT OF THE SERVICES OR OF ANY INFORMATION DELIVERED AS PART OF THE SERVICES, BE LIABLE TO YOU AND/OR ANY PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES, CONTENT, PRODUCTS, THE USE OR INABILITY TO USE THIS WEBSITE, OR ANY LINKED WEBSITE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER ECONOMIC LOSSES, LOSS OF PROGRAMS OR OTHER DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF PriceBye IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. SOME JURISDICTIONS LIMIT OR PROHIBIT THE FOREGOING LIMITATIONS, AND IN SUCH JURISDICTIONS THE FOREGOING LIMITATIONS SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS PriceBye, OUR AFFILIATES, PARENTS, SUBSIDIARIES, ANY RELATED COMPANIES, LICENSORS AND PARTNERS, AND EACH OF OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, DIRECTORS, SUPPLIERS AND REPRESENTATIVES FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARISE FROM OR RELATE TO YOUR (OR ANY THIRD PARTY USING YOUR ACCOUNT OR IDENTITY IN THE SERVICES) USE OR MISUSE OF, OR ACCESS TO, THE SERVICES, CONTENT, OR OTHERWISE FROM YOUR USER CONTENT, VIOLATION OF THESE TERMS OF SERVICE OR OF ANY LAW, OR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL ASSIST AND COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
PriceBye reserves the right, in our sole discretion, to terminate your access to all or any part of the Services at any time, with or without notice, effective immediately, including but not limited to as a result of your violation of any of these Terms of Service or any law, or if you misuse system resources, such as, by employing programs that consume excessive network capacity, CPU cycles, or disk IO. Any such termination may result in the forfeiture and destruction of information associated with you. PriceBye may provide prior notice of the intent to terminate Services to you if such notice will not, in our discretion, run counter to the intents and purposes of these Terms of Service. In this case any and all fees paid hereunder are non-refundable and any and all fees owed to PriceBye. Any claim arising hereunder shall be construed in accordance with the Hague Convention or other judicial treaty requiring that legal process be translated into any language other than English.
In the interest of resolving disputes between you and PriceBye in the most expedient and cost effective manner, you and PriceBye agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PriceBye ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified Mail or by Federal Express (signature required). The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 3 years after the Notice is received, you or PriceBye may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or PriceBye must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, PriceBye will pay you the highest of the following: 1) the amount awarded by the arbitrator, if less than $1,000; 2) $1,000 if the amount awarded by the arbitrator, if more than $1,000. YOU AND PriceBye AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If we makes any future change to this arbitration provision, you can't reject the change, in which case your account with PriceBye will be immediately terminated and this arbitration hearing must be closed. In other words, If we can't work it out, let's avoid spending a lot of money in court and agree to pay an arbitrator for a fraction of the cost instead.
Neither you nor PriceBye shall be liable for nonperformance of the terms herein to the extent that either you or PriceBye are prevented from performing as a result of any act or event which occurs and is beyond your or our reasonable control, including, without limitation, acts of God, war, unrest or riot, strikes, any action of a governmental entity, weather, quarantine, fire, flood, earthquake, explosion, utility or telecommunications outages, Internet disturbance, or any unforeseen change in circumstances, or any other causes beyond either party's reasonable control. The party experiencing the force majeure shall provide the other party with prompt written notice thereof and shall use reasonable efforts to remedy effects of such force majeure.
Access to the Services; Affiliate Accounts
Your use of the Services is subject to your creation and our approval of an Affiliate Account (an "Account"). We have the right to refuse or limit your access to the Services. In order to verify your Account, from time-to-time we may ask for additional information from you, including, but not limited to, verification of your name, address, and other identifying information. By submitting an application to use the Services, if you are an individual, you represent that you are at least 18 years of age. You may only have one Account. If you (including those under your direction or control) create multiple Accounts, you will not be entitled to further payment, and your Accounts will be subject to termination, pursuant to the provisions below. By enrolling in Affiliate Program, you permit PriceBye to serve, as applicable, (i) advertisements and other content ("Ads"), (ii) search boxes and search results, and (iii) related search queries and other links to your websites, mobile applications, media players, mobile content, and/or other properties approved by PriceBye (each individually a "Property"). In addition, you grant PriceBye the right to access, index and cache the Properties, or any portion thereof, including by automated means. PriceBye may refuse to provide the Services to any Property.
Using our Services
You may use our Services only as permitted by the Terms and any applicable laws. Don't misuse our Services. For example, don't interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may discontinue your use of any Service at any time by removing the relevant code from your Properties.
Changes to our Services; Changes to the Terms
We are constantly changing and improving our Services. We may add or remove functionalities or features of the Services at any time, and we may suspend or stop a Service altogether. We may modify the Terms at any time. Changes will generally become effective immediately. If you don't agree to any modified terms in the Terms, you'll have to stop using the affected Services.
Subject to this Section of these Terms of Service, you will receive a payment related to the number of valid actions on the website or other valid events performed in connection with the display of your Links, only if and when PriceBye determines that your actions have remained in compliance with the Terms (including all Policies as identified in sections above) for the entirety of the period for which payment is made and through to the date that the payment is issued. If your Account is in good standing through to the time when PriceBye issues you a payment, we will pay you by the end of the calendar month following any calendar month in which the balance reflected in your Account equals or exceeds the applicable payment threshold. If PriceBye is investigating your compliance with the Terms or you have been suspended or terminated, your payment may be delayed or withheld. To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information in your Account. In addition, we may (a) withhold and offset any payments owed to you under the Terms against any fees you owe us under the Terms or any other agreement, or (b) require you to refund us within 30 days of any invoice any amounts we may have overpaid to you in prior periods. You are responsible for any charges assessed by your bank or payment provider. Unless expressly authorized in writing by PriceBye, you may not enter into any type of arrangement with a third party where that third party receives payments made to you under the Terms or other financial benefits in relation to the Services. Payments will be calculated solely based on PriceBye accounting. If for any reason, PriceBye does not receive reasons for payment, you are not entitled to be paid for any associated use of the Services. PriceBye has the right to withhold or adjust payments to you to exclude any amounts determines arise from an invalid activity. Invalid activity includes, but is not limited to, spam, invalid clicks, invalid impressions, invalid queries, invalid conversions, or other invalid events generated by any person, bot, automated program or similar device, including through any clicks, impressions, queries, conversions, or other events originating from your IP addresses or computers under your control; clicks, impressions, queries, conversions, or other events solicited or generated by payment of money, false representation, or requests for end users to click on Ads or take other actions. Any click, impression, query, conversion, or other event occurring on a Property that does not comply with the Policies; any click, impression, query, conversion, or other event occurring on a Property associated with another Account you use; and all clicks, impressions, queries, conversions, or other events in any Account with significant amounts of invalid activity, as described in above or with the types of invalid activity indicating intentional misconduct. In the event PriceBye detects invalid activity, either before or after issuing a payment for that activity, PriceBye reserves the right to debit your Account, and adjust future payments accordingly, for all invalid clicks, impressions, queries, conversions, or other events including for all clicks, impressions, queries, conversions, or other events on Properties that do not comply with the Terms.
Termination, Suspension, and Entitlement to Further Payment
PriceBye may at any time, without providing a warning or prior notice, temporarily suspend further payments on your Account, suspend or terminate the participation of any Property in the Services, or suspend or terminate your Account because of, among other reasons, invalid activity or your failure to otherwise fully comply with the Policies. PriceBye can terminate your participation in the Services, and close your Account, if your Account remains inactive for a period of 3 or more consecutive months. If PriceBye closes your Account due to inactivity, and the balance reflected in your Account equals or exceeds the applicable threshold, we will not pay you that balance, subject to our payment provisions. If PriceBye terminates your Account due to your breach of the Terms, including, but not limited to, your causing or failing to prevent invalid activity on any Property, or your failure to otherwise fully comply with the Policies, you will not be entitled to any further payment for any prior use of the Services. If you breach the Terms or PriceBye suspends or terminates your Account, you are prohibited from creating a new Account, and may not be permitted to monetize your content and other your products associated with PriceBye. If you dispute any payment made or withheld relating to your use of the Services, or, if PriceBye terminates your Account and you dispute your termination, you must notify PriceBye within 1 day of any such payment, non-payment, or termination by submitting an appeal. If you do not, any claim related to the disputed payment or your termination is waived. You may terminate your use of the Services at any time. Any balance reflected in your Account below the applicable threshold will remain unpaid.
You are responsible for all taxes (if any) associated with the Services, other than taxes based on PriceBye income. All payments to you in relation to the Services will be treated as inclusive of tax (if applicable) and will be adjusted.
You authorize PriceBye to periodically conduct tests that may affect your use of the Services. To ensure the timeliness and validity of test results, you authorize PriceBye to conduct such tests without notice.
Intellectual Property; Brand Features
Other than as set out expressly in the Agreement, neither party will acquire any right, title, or interest in any intellectual property rights belonging to the other party or to the other party's licensors.
You agree not to disclose PriceBye Confidential Information without our prior written consent. "PriceBye Confidential Information" includes: (a) software, technology and documentation relating to the Services; (b) rates or other statistics relating to Property performance as pertaining to the Services; (c) the existence of, information about, or the terms of, any non-public beta or experimental features in a Service; and (d) any other information made available by PriceBye that is marked confidential or would normally be considered confidential under the circumstances in which it is presented. PriceBye Confidential Information does not include information that you already knew prior to your use of the Services, that becomes public through no fault of yours, that was independently developed by you, or that was lawfully given to you by a third party.
You agree to indemnify and defend PriceBye, its affiliates, agents, and advertisers from and against any and all third-party claims and liabilities arising out of or related to the Properties, including any content served on the Properties that is not provided by PriceBye; your use of the Services; or your breach of any term of the Terms. PriceBye are beneficiaries of this indemnity.
Representations; Warranties; Disclaimers
You represent and warrant that you have full power and authority to enter into the Terms and all of the information provided by you to PriceBye is correct and current.
TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED. WE EXPRESSLY DISCLAIM THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR ANY INDEMNIFICATION OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS, CONFIDENTIALITY OBLIGATIONS, AND/OR PROPRIETARY INTERESTS RELATING TO THE TERMS, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THE TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND (ii) EACH PARTY'S AGGREGATE LIABILITY UNDER THE TERMS IS LIMITED TO THE NET AMOUNT RECEIVED AND RETAINED BY THAT PARTICULAR PARTY IN CONNECTION WITH THESE TERMS DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into the Terms relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.
We may include your name and Brand Features in our presentations, marketing materials, customer lists and financial reports.
Assignment. You may not assign or transfer any of your rights under the Terms.
Independent Contractors. The parties are independent contractors and the Terms do not create an agency, partnership, or joint venture.
Governing Law; Venue. All claims arising out of or relating to the Terms or the Services will be governed by law, excluding conflict of laws rules, and will be litigated exclusively in the federal or state courts and you and PriceBye consent to personal jurisdiction in those courts. Force Majeure. Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party's reasonable control. Communications. In connection with your use of the Services, we may contact you regarding service announcements, administrative messages, and other information. You may opt out of some of those communications in your Account settings. For information about how to contact PriceBye, please visit our contact page.
Prohibited for partners
Violation of all below-mentioned clauses is monitored and traced and will lead to counteraction from our side. Such clauses subject to change without notice unilaterally. Please familiarize yourself with the rules before registering in our affiliate program.
- Individuals under the age of 18 cannot participate in the affiliate program
- Use materials of our website (texts, images, photos etc)
- Obscure the sources of your traffic
- Placing contextual or media advertising in any search engines
- Usage of illegal websites and sites with a suspicious reputation for advertising
- Performing forced redirection of customers using a referral link or banner, pop-up or non-interactive windows and any other intrusive types of advertising (PopUp, ClickUnder, Toolbar, etc.)
- Automatically transferring to the advertiser’s website in a minimized window
- Automatically opening a separate window to enter the site
- Conducting SEO optimization in order to attract branded traffic
- Creating groups and communities in social networks on behalf of the company and using the PriceBye logo and company colors (anything to mislead the user and suggest that this is an official group)
- Using your referral link to register an account or order a service for personal purposes
- Falsifying by imitating other users’ actions, including the use of bots and scripts
- Spam and automatic email distribution
- Intentional deceit or misleading of users
- Passing the login and password to third parties
- Selling or transferring account data to third parties
In case there are reasons for Partner's suspicion of violating the rules of the Affiliate Program, the Partner's account may be blocked, and payments will be suspended. In case of disputes, the Partner must provide objective arguments enunciating his innocence. Affiliate Program is willing to consider Partner's every kind of arguments. However, the final decision of Affiliate Program is not subject to revision. The Affiliate Program reserves the right to lower/change the tariff plan, AND / OR freeze withdrawals if the Partner performs no contact for a long time to resolve disputes or provide the requested information.