Terms and Conditions

 

Introduction:

This Terms of Service Agreement (the "Agreement") describes the terms and conditions on which Our Site PINOX ("we" or "Company") offer services to you ("User" or "you"). By registering for or using Website services, User agrees to be bound by the following terms and conditions. By using the Site, you agree to abide by these Terms of Use, as they may be amended by Our Site its sole discretion. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement.

 

DEFINITIONS:

Terms and conditions – agreement which defines the basic rules of interaction among all participants of the Pinox.

Public Offer and the Acceptance – the part of the Terms and conditions which expresses of Administration’s willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the Visitors to whom it is addressed. The public offer is accepted since the Visitor performed an act which indicates his agreement with the Terms and Conditions registration as a User. Such an act will be considered a User registration.

Administration – Authorized representatives of legal entity ‘Clickbang LP’ which owns the Pinox and providing its management and technical support.

Site – website of Pinox affiliate network https://pinox.com/

Visitor – any person no matter whether it is registered or nor which visit’s Pinox site but doesn’t use it as the User.

User – visitors who are accepted the public offer as set out in Terms and conditions under its conditions and according to its rules. Must be an individual who has reached the age of majority or any legal entity who are capable by their actions acquire for themselves on their own civil rights, as well as the ability through their actions acquire for civic duties and capable to bear by themselves responsibility stipulated by the appropriate Legislation and this agreement. The categories of Users are: Advertiser, Webmaster.

Advertiser – the owner or the representative of a product owner, who wishes to alienate the Products and places for this purpose within the Pinox affiliate network.

Webmaster – a person who attracts the attention of potential customers, using methods approved by the Advertiser and this Agreement, for certain products offered within Pinox.

ParticipantsAdministration, Users and Visitors.

Lead - consumer reaction expressed by the product purchase.

 

1. The right to use Website services

Our Services are available only to individuals and business entities in good legal standing that can form legally binding contracts under applicable law. User hereby represents and warrants that it is duly licensed to do business and is in good legal standing in the jurisdictions in which it does business (during the term of this Agreement) that it is not a business rival of Website, and that the person accepting this Agreement for user is of legal age to enter binding contracts for user.

 

2. Website Services

Subject to the terms and conditions of this Agreement, Website makes certain Services available to the User. For the purposes of this Agreement: "user" (or "you") means the individual or business entity that is using or registering to use the Services; (b) Website "Services" means those electronic or interactive services offered by Website. Website reserves the right to modify, suspend or discontinue, temporarily or permanently any of the Services at any time, in its own sole discretion.

 

3. Materials and Trademarks

You acknowledge that all materials (except those uploaded by users) provided on this Web site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services (collectively "Materials"), are provided by Website and the underlying intellectual property rights are owned by Website. Elements of the Web site may not be copied or imitated in whole or in part. Website, the Website logo and other Website products referenced herein are trademarks of Website. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.

 

4. User Information

Upon registration User agrees that has not previously registered an account with our Services and that email address and personal information are valid. User represents and warrants that the information provided in Website contact information forms is true, accurate, current and complete. User agrees to maintain and update this information to ensure that it is true, accurate, current, complete, and to provide proof of identification upon request. If any information provided by User is untrue, inaccurate, not current or incomplete, Website will have the right to suspend or terminate User’s account.

 

5. User Account

User is the unique legal owner for the data of the account (the login, password and all attendant data). User is solely responsible for any access to and use of the Services (including all activities and transactions) by any Authorized User and/or User ID registered under User’s account. User is solely responsible for maintaining the confidentiality of User access information, i.e. account IDs and passwords, and are responsible for all activities and transactions that occur under your account. Website does not take any responsibility for monetary losses incurred by a breach in User’s account by a third party. User should immediately notify Website if User notices any activity indicating that User’s account or data is being used without authorization, including, User becomes aware of any unauthorized use of any product or service related to its account.

 

6. User Data

User has sole responsibility and liability for the data you store on Websites servers. User controls its data through its generated link. Website encourages User to archive its data regularly and frequently; User bears full responsibility for archiving its data and sole liability for any lost or irrecoverable data. User agrees to maintain its data in compliance with its legal obligations. Website will delete User data upon termination of this Agreement. However, Website may retain User data in its archives after deletion and will not be liable to User in any way for such retained data. We may communicate with users from time to time via email to send information about important changes to our services, and to send notices and other disclosures required by law. By providing your email address, you agree to these communications. We follow a strict no-spam policy.

 

7. General Terms of Cooperation and Payments to the Participants

Advertiser’s payments. During the term of this Agreement and during any renewals thereof, Advertiser will pay Administration a fee for every lead processed by Webmasters. Participants agreed to stipulate payment processes in additional agreements concluded in a form Insertion Order (IO). Payments will be provided to Administration  by Advertiser upon receipt of an invoice, within thirty (30) days net of receipt of such invoice, provided that the invoice is received by the 12th of the month. If an invoice is received after the 12th of the month, it shall be paid within 30 calendar days following the end of such month, that is by the end of the subsequent month.

Webmaster’s payments. During the term of this Agreement and during any renewals thereof, Administration will provide a payment to Webmasters for every lead processed by Webmasters. Participants agreed to stipulate payment processes in additional agreements concluded in a form Insertion Order (IO). Payments will be provided to Webmasters:

  1. Frst payment – withhold (net) forty five (45) days;
  2. Subsequent payments with total leads income of less than $1000 in a week – monthly, withhold (net)  seven (7) days;
  3. Subsequent payments with total leads income in a range from USD 1000 to USD 10000 in a week - biweekly, withhold (net) seven (7) days;
  4. Subsequent payments with total leads income over USD 10000 in a week - weekly, withhold (net) seven (7) days;

Webmaster agrees the rule that all the payments will be made only after the signing by the parties a certificate of service acceptance in a paper form. Administration retains the right to withhold any payment until the condition of this clause is fulfilled in appropriate way. Alteration of payments terms can be done under an additional agreement mutually signed by Administration and User.

Fraud. Administration retains the right to review all revenue for possible Fraud, where such Fraud may be on the part of a Client or Webmaster. During the period of time in which Administration shall review the revenue for possible Fraud, where such review period shall not exceed 180 days, Administration shall have the right to withhold any fees due to Webmaster until such time as the review has been concluded and subject to the conclusions of such review. Any incidence of Fraud on Webmaster’s part constitutes a breach of this Agreement, and Advertiser retains full authority to terminate this Agreement immediately in the event of such breach. Further, in the event that Administration deems that Fraud has occurred, either on Webmaster’s part or on the part of a Client, Webmaster shall not be entitled to receive any Fees which have accrued to its benefit at such time whether such Fees were generated through Fraud or otherwise. Administration retains the right to set-off from future Fees payable to Webmaster any amounts already received by Webmaster which can be shown to have been generated by Fraud.

 

8. General Prohibitions

The following actions are strictly prohibited and lead to the account ban, in this case all the earnings will be revoked:

  • Upload any form of child exploitation/pornography;
  • Upload any materials that are in any way sexually explicit;
  • Upload any materials that pertain to and/or promote pornography;
  • Promote any type of file on pages that contain sexually explicit, copyrighted, or otherwise illegal content;
  • Upload adult files, nudity, semi-nudity, suggestive images/videos, sexual filenames or anything remotely adult-related.
  • Abuse our services to coerce users into registering on other websites;
  • Exchange download links with other affiliates, download other affiliates files in order to receive downloads;
  • Upload files that are fake or counterfeit;
  • Create multiple accounts for one user. If we find such accounts they will be deleted and earnings revoked;
  • Send unsolicited email, junk mail, spam, chain letters, or promotions or advertisements for products or services;
  • Harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Service.

 

9. Acceptable Use

You agree to NOT use Websites Service to:

  • Upload, post, e-mail, transmit or otherwise make available any Content that spreads messages of terror or depicts torture or death images, if appropriate, the content will be reported to the appropriate legal authority; Harm minors in any way, this includes any form of child pornography; if appropriate, the content will be reported to the relevant legal authority; upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. On this matter, please refer to Websites DMCA Policy, which is herein incorporated by reference.

 

9.1 Illegal Actions/Content

Website neither sanctions nor permits site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity, including but not limited to, the offering for sale of illegal weapons. In the case of the non-observance of the present requirements, Website reserves the right to immediately suspend or terminate any account or transmission that violates this policy, without prior notice. User will not commit or permit wrongful or damaging acts which justify civil action including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent or intentionally inflicting emotional distress. Further, should User violate this policy, Website will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about User, User’s site, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content. Illegal actions also include intrusions or attempts of intrusion into the information system of , or attempts to affect the ability of to render Services.

These are (but not limited to the following actions): Unauthorized access to or use of Website Services, including any attempt to probe, scan or test the vulnerability of a system or to breach security or authentication measures without express authorization of Website b) Interference with Service to any User or network including, without limitation, flooding, or deliberate attempts to overload a system and broadcast attacks c) Use of any device, software, or routine to interfere or attempt to interfere with the proper working of the Services d) There are many other actions that can affect negatively the infrastructure of , which are strictly prohibited and are the subject of criminal and civil liability.

 

9.2 Child Exploitation

Website will cooperate fully with any criminal investigation into a User’s violation of any act of law concerning child exploitation, including child pornography. Website will involve and cooperate with law enforcement if a criminal violation is suspected. This may result in disclosing all information available to Website including but not limited to information contained in Users profiles, folders, transmissions, communications or any other information Website considers applicable. Any user involved in such file transfers through Website will also be permanently removed from our service. In case of using Website Service for distribution of the files containing materials which appear to involve child exploitation, the account of the user who placed such files will be immediately deleted and all necessary information will be passed on to the National Center for Missing & Exploited Children as well as to the administrative tribunals. Complaints of the persons, breaking our Rules, are accepted by way of posting via the abuse form. Each complaint will be considered, and depending on the results, can lead to the deletion of the User’s account without preliminary prevention.

 

9.3 Copyright or Trademark Infringement

Website Services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation, including export control laws, is prohibited. This includes, without limitation, material protected by patent, copyright, trademark, service mark, trade secret or other intellectual property rights. If you use another party’s material, you must obtain prior authorization. By using the Services, you represent and warrant that you are the author and copyright owner and/or proper licensee with respect to any hosted content and you further represent and warrant that no content violates the trademark or rights of any third party. Website reserves the right to suspend or terminate a User’s transmission(s) that, in Websites discretion, violates these policies or violates any law or regulation.

 

9.4 DMCA Compliance

Although Website is a United Kingdom registered entity, and does assent to, and submit to jurisdiction in the United Kingdom, Website seeks to protect and enforce the rights of copyright holders around the world. Therefore, Website seeks to comply with the Digital Millennium Copyright Act. Website, in its sole and absolute discretion, may take any reasonably necessary measures to terminate Users who infringe the intellectual property rights of others. Website reserves the right to remove, delete, or deny access to materials, data, or files which Website, in good faith, has determined to be infringing material. If you believe that a user of the site has infringed your intellectual property rights, please notify Websites Copyright Agent, and provide the following information: A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right. An identification of the intellectual property claimed to have been infringed. A detailed description of the material that you claim is infringing, so that we may locate it, including the URL where the infringing material appears. Your address, telephone number, and email address. A statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law. A statement, made under penalty of perjury, by you that the above information is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights involved.

 

9.5 Subpoenas

Website may be required to disclose information to individuals asserting rights under the DMCA. You hereby authorize Website to release information about you, and/or the materials, data or files uploaded through our site if required by law or subpoena without notice to you, and in accordance with our "Privacy Policy."

 

9.6 Other Activities

Whether lawful or unlawful, Website reserves the right to determine what is harmful to its User, operations or reputation, including any activities that restrict or inhibit any other User from using and enjoying the Service or the Internet. Please be aware Website reserves the right to cancel any account that is in violation of any of the above policies and revoke Users earnings. If appropriate, Website will refer complaints to law enforcement authorities, and in such case, Website will actively assist law enforcement agencies with the investigation and prosecution of any such activities, including surrendering User account and data information. Complaints about violators of our Policy should be sent via to our abuse department. Each complaint will be investigated and may result to immediate cancellation of Services without prior notice.

 

10. No Warranty

You expressly understand and agree that: a) your use of the Service is at your sole risk. Website Services are provided on an "AS IS" and "AS AVAILABLE" basis. Website and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. Website and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of our Services, software, or content b) Website makes no warranty that (1) the Service will meet your requirements (2) the service will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the service will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (5) any errors in the software will be corrected c) any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material and d) no advice or information, whether oral or written, obtained by you from us or from the Service shall create any warranty not expressly stated in these terms and conditions.

 

11. Indemnity

You agree to defend, indemnify, and hold harmless Website, its parties from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use the Service, or your breach of this Agreement or other Website policies, terms and conditions.

 

12. Limitation of Liability

Your use of Website is at your own risk. If you are dissatisfied with any aspect of our Service or with these terms & conditions, or any other rules or policies, your sole remedy is to discontinue use of the Service. You expressly understand and agree that Website shall not be liable for any direct, indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, data or other intangible losses, resulting from: (1) the use or the inability to use the Service (2) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on the service or (5) any other matter relating to the Service. Furthermore, you accept full liability for your actions while using Websites services, and agree that Website is not liable for any damages or legal implications caused by your use or abuse of our services.

 

13. Modifications to Agreements, Rules for Extension of Services

We reserve the right to change this Service Agreement at any time without notice. We also reserve the right at any time to modify or discontinue the Service, temporarily or permanently, with or without notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service. You acknowledge that we may establish general practices and limits concerning use of the Service.

 

14. Termination

Website has the immediate right to issue a warning, suspend, lock out access and operation of Services for User either temporarily or indefinitely, terminate User’s account, refuse to provide extension of Services to User and revoke all earnings if: a) Website is justified to believe that the Client has broken or has not executed any aspect of the present Agreement or other contracts or instructions of Website b) Website is unable to verify or authenticate any information User provides to Website and c) Website believes that User’s actions may cause legal liability for User, Websites other Users, or Website. Also, Website may in its sole discretion and at any time discontinue providing Services, as well as may terminate any User agreement with or without notice for any reason or no reason at all. Notice of termination will be provided via email and effective on the date set within the email. All legitimate earnings, as determined by Website, will be paid during the next compensation period. You agree that any termination of your access to the Service under any provision of these terms and conditions may be effected without prior notice, and acknowledge and agree that Website may immediately deactivate, archive or delete your account and all related information and data and/or any further access to such data or the Service. Further, you agree that Website shall not be liable to you or any third-party for any termination of your access to Services. Upon termination of this Agreement by either User or Website, all of Customer rights under this Agreement, and Websites provision of Services, will terminate immediately. The Sections 6 ("Customer Data"), 9 ("No Warranty"), 10 ("Indemnity"), 11 ("Limitation Of Liability") and this Section 13 will survive any termination of this Agreement. After the cancellation of the present Agreement by the Client or Website, all privileges of the User stipulated in the Agreement, and obligations of Website extension of Services, are immediately cancelled. Incapacity of Website to undertake actions concerning violations performed by the Client or other persons, does not deprive the right of Website to take measures concerning subsequent or similar violation.

 

15. Controlling Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the United Kingdom, excluding that body of law governing conflict of laws. If any provision of these Terms is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect.

16. Relationship

User and Website are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. All earnings generated by User via Our Site are taxed at User’s country.Payment of all applicable taxes shall be Users sole responsibility.

 

16. Spamming

Website does not endorse spamming our download links in order to generate downloads and revenue. We take no responsibility for any damages caused by our users while spamming files and pages hosted on our server. Every user must comply with the spam laws of their area of residence .

 

17. Miscellaneous

User may not assign any of its rights, or delegate any of its duties, under this Agreement, and any attempted assignment will be null and void. Operation of our Services may be interfered with by numerous factors outside of our control and we shall not be liable to you for any delay or failure in performance under this Agreement resulting directly or indirectly from causes beyond Websites control. If any provision of this Agreement is held to be invalid or unenforceable, that clause should be bypassed, with the least damage of interests of the parties, and the remaining provisions shall be enforced. Accepting this agreement, you represent and warrant to Website Company that you are not a competitor of Website and you undertake to not use the information received through the utilization of the website of Website and Services of Website to compete with Website in its business. Except for other agreements or terms appearing on the Web site, this Agreement set forth the entire understanding and agreement between us with respect to the subject matter hereof does not support or allow uploading files containing illegal content as well as other forms of transferring illegal or obscene materials and information that induce individuals to committing illegal action.

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