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User Agreement
What information do we collect?
We collect information from you when you register on our site or fill
out a form. When ordering or registering on our site, as appropriate,
you may be asked to enter your: name, e-mail address, mailing address,
phone number, date of birth or social security number. You may, however,
visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
- To personalize your experience - Your information helps us to better respond to your individual needs;
- To improve our website - We continually strive to improve our
website offerings based on the information and feedback we receive from
you;
- To improve customer service - Your information helps us to more
effectively respond to your customer service requests and support
needs;
- To process transactions - Your information, whether public or
private, will not be sold, exchanged, transferred, or given to any other
company for any reason whatsoever, without your consent, other than for
the express purpose of delivering the purchased product or service
requested;
- To administer a contest, promotion, survey or other site feature;
- To send periodic emails - The email address you provide for
order processing, may be used to send you information and updates
pertaining to your order, in addition to receiving occasional company
news, updates, related product or service information, etc.
How do we protect your information?
We implement a variety of security measures to maintain the safety of
your personal information when you place an order or enter, submit, or
access your personal information.
What information do we collect from children?
We do not intentionally collect any information from children under 13
years of age. However, if a child under 13 years of age navigates to our
website, we may store session data on their browser as we would with
any other visitor. If you have reason to believe that a child under 13
years of age has provided us with personal information, please contact
us by clicking the 'Contact Us' link found at the bottom of our site.
Do we use cookies?
We use Cookies (small files placed on your hard drive through your Web
browser - if you allow - that enables us to recognize your browser and
capture and remember certain information). A few important things you
should know about cookies are that:
- We offer certain features that are available only through the use of cookies;
- We use cookies to help identify you and maintain your signed-in status;
- Most cookies are 'session cookies', meaning that they are automatically deleted from your hard drive at the end of a session;
- You are always free to decline our cookies if your browser
permits, although doing so may interfere with your use of some of our
sites or services;
- You may encounter cookies from third parties on certain pages
of the sites that we do not control. (For example, if you view a web
page created by another user, there may be a cookie placed by that web
page.)
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your
personally identifiable information. This does not include trusted third
parties who assist us in operating our website, conducting our
business, or servicing you, so long as those parties agree to keep this
information confidential. We may also release your information when we
believe release is appropriate to comply with the law, enforce our site
policies, or protect ours or others rights, property, or safety.
However, non-personally identifiable visitor information may be provided
to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party
products or services on our website. These third party sites have
separate and independent privacy policies. We therefore have no
responsibility or liability for the content and activities of these
linked sites. Nonetheless, we seek to protect the integrity of our site
and welcome any feedback about these sites.
California Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to
be in compliance with the California Online Privacy Protection Act. We
therefore will not distribute your personal information to outside
parties without your consent. As part of the California Online Privacy
Protection Act, all users of our site may make any changes to their
information at anytime by logging into their accounts and going to the
'Profile and Settings' page.
Online Privacy Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline.
Your Consent
By using our site, you consent to our privacy policy.
Changes to our Privacy Policy
We may update this Policy from time to time. When we update this Policy,
we will change the "Last Updated" date at the top of this Policy.
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Privacy Policy
By signing up and actively using the ClixSense program, you agree to all
terms and conditions set forth in this membership agreement. ClixSense
may, at any time, choose to edit, add and/or delete portions of this
agreement and impose changes without prior notification of its members.
We will endeavor to send out a notice to all our members regarding the
new terms and/or terms which have changed. If any modification is
unacceptable to you, your only recourse is to terminate your ClixSense
account. Your continued participation in ClixSense following our posting
of a change in policy notice or new agreement on our site will
constitute your binding acceptance to the change. You agree and
acknowledge that you will review this agreement on a regular basis and
you further agree that upon logging in and viewing the site you are
deemed to have reviewed and accepted the latest revisions/modifications
to this membership agreement.
1. ELIGIBILITY
You must be 16 years of age or older to participate in ClixSense.
ClixSense is open to US and International members and is void where
prohibited by local governing laws.
In an effort to ensure the integrity of the ClixSense advertising
program, the persons in any of the following categories are NOT eligible
to participate in the ClixSense program in the capacity of ad viewer:
(a) persons who are employees or agents of ClixSense, or its respective
parents, subsidiaries, affiliated companies, or service agencies, or
independent contractors of any of the above organizations; and (b)
persons who are immediate family (defined as mother, father, sister,
brother, daughter, son or spouse) of any person in any of the preceding
categories, regardless of where they live. Nothing herein shall be
construed to prohibit a person’s right to maintain a ClixSense account
for advertising purposes nor does this policy restrict the promotion of a
person’s affiliate link.
2. RESPONSIBILITY OF MEMBERS
You agree to and must use your own name and email address in the sign-up
process and may not assume a false identity. You may not sign-up
multiple times with different email addresses. Your computer must not be
shared with another individual that has an existing ClixSense account.
ClixSense is limited to one account per household.
You will use your username / password combination to access your account
and it is your responsibility to keep this information confidential.
You may change this information by logging into your account and
following the "Profile and Settings" link. You are solely responsible
for any and all use of your ClixSense account including authorization by
you to any third party individual who may use your account. Any
unauthorized access to your account should be reported immediately.
Should ClixSense detect any instances of fraud, system abuse,
defamation, harassment, foul language, inappropriate conduct in our
forum or helpdesk or any type of account activity deemed to be
inappropriate or illegal in the sole discretion of ClixSense, these
actions may result in member termination and possible legal action as
well as forfeiture of any earned commissions not yet disbursed to you
from ClixSense. In the event that you have taken inappropriate actions
in attempting to cheat, steal, lie or any action that would violate the
ClixSense User Agreement or the User Agreement of any 3rd party company
that ClixSense has a partnership agreement with, ClixSense can at it's
own discretion turn over any and all evidence, information, personal
data and logs to said 3rd party for possible prosecution or
investigation.
Inactivity - If your account should go to inactive
status (90 days with no logins), ClixSense will consider the account
abandoned and closes it. All funds in the account will be forfeited and
the balance zeroed. Any referrals or ad credits that are in your account
when it's closed for inactivity will remain in the account. While this
account is active, any referrals in your downline may request to change
their sponsor. If you reactivate your account these referrals who left
your downline will not be assigned back, they are lost.
Premium Membership - ClixSense offers a Premium
Membership for the cost of $17. This membership is valid for a period of
one year from date of purchase. ClixSense also offers a 2 year Premium
for $30. 30 days prior to the expiration date of the member's premium
status ClixSense will inform the member that it's time to renew. A
member may at his own discretion request to renew their upgrade up to 90
days prior to the expiration date of their current premium status.
There are no refunds on a Premium upgrade after a period of 21 days from
the original Premium purchase. The added benefits of holding a Premium
Membership are described on
this page
and will not get you more offers or tasks, and may not increase the
number of ads available. If you are not going to refer others or won't
be able to complete the daily checklist on a regular basis, the Premium
Membership may not be for you.
Account Selling/Renting - ClixSense does not allow you
to sell or rent your account. In the event you attempt to sell or rent
your account, the account will be limited with no access. ClixSense is
free to join and the selling or renting of your account to make a profit
from your activities here is strictly prohibited.
Sponsor Changes - The changing of or removing an
affiliate sponsor is not permitted. The management of ClixSense may at
its discretion allow the changing of a sponsor, IF and only if the
affiliate does not have a sponsor assigned or the current sponsor has
been inactive for more than 90 days. There are no exceptions to this
rule.
Offers, Tasks and Surveys - ClixSense has agreements
with many different 3rd party companies to provide our members with
Tasks, Offers and Surveys. In the event that you are not compensated or
rewarded for such completion of said survey, task or offer ClixSense
will attempt to find out why you were not rewarded correctly but will
not be responsible for completing a payment if the Offer, Survey or Task
Company refuses to follow through and reward you. ANY member that
attempts to cheat to complete a task, offer or survey will have their
account permanently suspended without question. The use of a proxy
server or VPN to access or complete said offers, tasks or surveys is
prohibited. All funds accrued from illegal access or from attempting to
cheat will be forfeited.
Account Verification - Members who reside in North
America (USA, Canada and Mexico) are required to have their postal
address verified prior to be eligible for electronic cashouts (Payza or
Paypal). Address verification is accomplished by sending your first
cashout by check to the address on your ClixSense account profile. The
check will be delivered by USPS (United States Postal Service) First
Class Mail. Failure to verify your address can result in account closure
and forfeiture of any account balance. ClixSense reserves the right to
request address or personal verification for any and all accounts
without stating a reason. If such a request is made of a member and
subsequently refused or ignored, ClixSense reserves the right to
withhold funds and or close the account.
3. RELATIONSHIP OF THE PARTIES
Nothing in this Agreement creates any partnership, joint venture,
agency, franchise, sales representative or employment relationship
between you and ClixSense. You understand that you do not have authority
to make or accept any offers or make any representations on behalf of
ClixSense. You may not make any statement, whether on your site or
otherwise, that would contradict anything in this section. You are
solely responsible for the reporting and payment of any taxes for money
earned from ClixSense Advertisers and/or ClixSense.
4. LIMITATION OF LIABILITY
ClixSense will not be liable for lost profits, lost business
opportunities, or any other indirect, special, punitive, incidental or
consequential damages arising out of or related to this Agreement or
ClixSense, even if ClixSense has been advised of the possibility of such
damages. Furthermore, ClixSense aggregate liability arising under this
Agreement will not exceed the amount of the total fees paid or payable
to you under this Agreement. The provisions of this section survive
termination or expiration of the Agreement. We make no express or
implied warranties or representations with respect to the member program
or any services or other items advertised through ClixSense (including,
without limitation, warranties of fitness, merchantability,
non-infringement, or any implied warranties arising out of a course of
performance, dealing, or trade usage). In addition, we make no
representation that the operation of our site will be uninterrupted or
error-free, and we will not be liable for the consequences of any
interruptions or errors. ClixSense is not responsible if your PC becomes
infected with malware, virus or other program that affects the
performance of your PC. It is the member's responsibility to maintain a
good anti-virus and anti-malware program on their system. ClixSense
checks each advertisement that is submitted to our system to be sure it
does not contain any harmful code or programs. ClixSense is not
responsible for any repair or virus removal bills that may be incurred
if the member feels he/she was infected from an ad on our website.
5. INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless ClixSense, its
officers, directors, employees, agents, members, successors and assigns,
from and against any and all claims, losses, liabilities, damages or
expenses (including attorney's fees and costs) of any nature whatsoever
incurred or suffered by us (collectively the "Losses").
6. THIRD PARTY WEB SITES
ClixSense may now, or hereafter from time to time, contain links to
third-party web sites. We do not control, investigate, monitor or check
such web sites, we are not responsible for the computer programs
available from, content in or opinions expressed at such web sites, and
we do not investigate, monitor or check. We provide such third-party
links only as a convenience to visitors of the site, and the inclusion
of a link does not imply approval or endorsement of the linked site by
us. If you decide to leave the site and access any third-party web site,
you do so at your own risk.
7. REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us that this member Agreement has
been duly and validly executed and delivered by you and constitutes your
legal, valid and binding obligation, enforceable against you in
accordance with its terms; and that the execution, delivery and
performance by you of this member Agreement are within your legal
capacity and power; have been duly authorized by all requisite action on
your part; require the approval or consent of no other persons; and
neither violate nor constitute a default under the;
- provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or;
- the terms of any other agreement, document or instrument applicable to you or binding upon you.
8. INFORMATION RIGHTS
ClixSense may retain and use, subject to the terms of the ClixSense
Privacy Policy
(all information you provide, including but not limited to site
demographics and contact and billing information. You agree that
ClixSense may transfer and disclose to third parties personally
identifiable information about you for the purpose of approving and
enabling your participation in the program, including to third parties
that reside in jurisdictions with less restrictive data laws than your
own. ClixSense may also provide information in response to valid legal
process, such as subpoenas, search warrants and court orders, or to
establish or exercise its legal rights or defend against legal claims.
ClixSense disclaims all responsibility, and will not be liable to you,
however, for any disclosure of that information by any such third party.
ClixSense may share non-personally-identifiable information about you,
including site URLs, site-specific statistics and similar information
collected by ClixSense, with advertisers, business partners, sponsors,
and other third parties. In addition, you grant ClixSense the right to
access, index and cache the site(s), or any portion thereof, including
by automated means.
9. PAYMENTS / CASHOUTS
Members may earn by visiting the advertiser websites after they have
logged into their ClixSense account. Members may also have the
opportunity to earn by referring new members to ClixSense when affiliate
promotions are in effect. ClixSense will announce start and end dates
for any affiliate promotions offered either by email notification or
notification posted on the website. Members can earn a percentage of
advertising revenues collected by ClixSense.
Members will be paid all earnings via the method of choice as described on
this page.
All checks issued by ClixSense are valid for a period of 60 days from
the date of issuance. It is the responsibility of the recipient to cash
or deposit checks in a timely manner consistent with the 60-day time
frame. Any check not cashed within the validity time frame is subject to
cancellation and/or forfeiture. If you fail to contact us within the
60-day time frame to make other arrangements (such as to cancel,
reissue, etc.) and your check expires, ClixSense will not issue a refund
or credit the expired check back to your account balance. Checks must
be made out to your name or company name. Checks cannot be made out to
Cash or no name or business entered.
Any payouts due to you will not be deemed “owed” until you reach the
necessary payout levels. Should your ClixSense account incur no activity
for a period of 90 consecutive days your account will be canceled and
any earnings accrued will be forfeited.
10. PRICING
ClixSense may without warning increase or decrease our prices for
account upgrades, ad pack purchases and ClixGrid advertisements. In the
event that we decrease our pricing, ClixSense will not offer a refund
for the difference in pricing to any member who made a purchase at the
higher price. If you have purchased ad credits and they are unused then
you may at that time request a refund and repurchase at the lower rate.
11. SPAM POLICY
You may not promote your referral links through unsolicited emailing
(i.e. SPAMMING), newsgroup postings, job sites, classified ad sites or
any other method of mass communication. Failure to comply will result in
immediate termination of your membership with ClixSense, and may result
in legal prosecution. ClixSense strictly enforces anti-Spamming laws.
Spamming is a federal crime. Any member caught Spamming will not only
have their account terminated immediately and lose any past, present and
future earnings, but shall also be held liable for spamming as we shall
cooperate with any authorities and investigations that may arise from
the spamming incident. ClixSense may fine your account up to $50 per
spam email or posted website that is reported to us.
12. ADVERTISER REQUIREMENTS
Any advertisement submitted for consideration to ClixSense will first be
approved by our staff before being activated. Websites containing
malicious script or code, excessive pop-ups, or viruses are prohibited.
No site (URL) that is approved shall materially be changed after
approval such that the content of the site after the original approval
is thereafter in violation of the terms of ClixSense. All members making
a payment from one of our Payment Processors may be required to verify
their transaction email before any purchases will be approved. This is
mandatory to help prevent fraud. In summary, and without being
exhaustive, no sites promoting the follow shall be submitted to
ClixSense:
- Adult Content or Sexually Themed Material including any dating websites.
- Drugs and Drug Paraphernalia
- Tobacco Sales
- Discriminatory Practices
- Hate / Violence Sites
- Weapons Sales
- Pharmaceutical Sales
- Illegal Downloads including movies, MP3, software etc.
- Gambling
- Proxy or VPN services.
- HYIP (High Yield Investment Programs)
- Alcohol, which includes: beer, wine, liquor or homemade breweries.
ClixSense reserves the right to reject advertisements at our sole discretion.
ClixGrid - Ads submitted to ClixGrid are to rotate on
the ClixGrid Game for the chosen period of 7, 14, 30, 60, 90 or 180
days, from the date they are approved or from a chosen scheduled date,
whichever is the latest. The advertiser may request to have their
advertised links changed, via the Helpdesk, once per 30 days, meaning
that for the 7-, 14- and 30-day periods only one change is allowed while
for the 60-, 90- and 180-day periods 2, 3 and 6 changes, respectively,
are allowed. In the event that the advertised website goes offline, or
some other unforeseen problem occurs, this limitation does not apply.
Refunds are given on a prorated basis and are based on the purchasing
price and on the spent time of its advertising period.
PTC Ad Credits Packs - Refunds may only be requested for any unspent ad credits, which may result in partial refunds.
13. ACCOUNT ABUSE
Multiple registrations shall be grounds for immediate termination of all
involved accounts. Registering multiple accounts from the same IP
address or from the same computer also constitutes fraud. Any use of
Internet bots, also known as web robots or simply bots would be ground
for immediate termination of your ClixSense account. Bots are software
applications that run automated tasks over the internet. Typically, bots
perform tasks that are both simple and structurally repetitive, at a
much higher rate than would be possible for a human editor alone.
ClixSense may file charges for recovery of any earnings received from
multiple registrations or any other type fraud or abuse outlined within
this membership agreement. This conduct will result in the forfeiture of
any ClixSense earnings you have generated. It is agreed between the
member and ClixSense that determining the specific dollar amount of
damages sustained to the reputation of ClixSense as a result of the
fraudulent actions of either our advertisers or our members would be in
some cases difficult to prove. ClixSense takes seriously our obligation
to protect our advertisers to be sure they are getting the true value of
their investment dollars. For that reason, any breach of this agreement
would automatically result in liquidated damages of $1500 in addition
to any actual damages sustained by ClixSense. ClixSense reserves the
right in their discretion to suspend an account upon investigation and
conclusion that a fraudulent or deceptive act is occurring or likely to
occur.
ClixSense does not allow the use of anonymizer or proxy servers to
access our system. ClixSense can at its own discretion block any member
who knowingly accesses our system with an anonymizing, VPN or proxy
server. We can and will suspend any account found to violate this
policy. All funds in your ClixSense account are immediately forfeited if
your account is suspended for violating this policy.
In the event that you issue a chargeback on a transaction you completed
while logged into your ClixSense account, ClixSense will suspend your
account. A transaction is defined as a purchase that you knowingly made
for an advertisement, upgrade or a ClixGrid advertisement. ClixSense may
at its discretion take you (the member who issued the chargeback) to
small claims court to recover fees associated with the chargeback,
including travel expenses incurred to file the necessary court
paperwork. ClixSense records all user activity while you (the member)
are logged in. This includes the IP address that you accessed your
account from, browser, and all clicks and pages accessed during your
login. This information may be used to prove you did indeed authorize
the transaction(s) in question. If you wish to have your account
"unsuspended" you must agree to pay the initial transaction cost plus a
$20 chargeback fee. This payment must be made in the form of a Bank
Money order and mailed to: ClixSense.com, 734 W. Liberty St. Rome, NY
13440, USA. Under no circumstances will ClixSense reinstate an account
that has issued a chargeback until such chargeback and initial
transaction fees are paid.
14. MISCELLANEOUS
This Agreement will be governed by the laws of the UNITED STATES OF
AMERICA, without reference to rules governing choice of laws. Any action
relating to this member Agreement or any products or services of
ClixSense must be brought in the state court in Oneida County, New York
and you irrevocably consent to the jurisdiction of such courts. You may
not assign this member Agreement, by operation of law or otherwise,
without our prior written consent. Subject to that restriction, this
member Agreement will be binding on, inure to the benefit of, and
enforceable against the parties and their respective successors and
assigns. Our failure to enforce your strict performance of any provision
of this Agreement will not constitute a waiver of our right to
subsequently enforce such provision or any other provision of this
member Agreement.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND CLIXSENSE AND BY CLICKING ON
THE REGISTRATION BUTTON (IF YOU ARE ACTING ON BEHALF OF YOURSELF AS AN
INDIVIDUAL) OR YOUR COMPANY (IF YOU ARE ACTING ON BEHALF OF YOUR
COMPANY) (THE "MEMBER") AGREE(S) TO BE BOUND BY THE TERMS AND CONDITIONS
OF THIS MEMBER AGREEMENT. BY ACCEPTING THIS USER AGREEMENT YOU ARE
HEREBY BOUND TO THE RULES AND GUIDELINES LISTED ABOVE. PLEASE READ THIS
ENTIRE MEMBER AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS.
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