12avatars/12Avatars.com - Terms of Use
12avatars/12avatars.com Terms of Use
(Last Modified November 9, 2007)
This Agreement sets forth the terms and conditions by which 12avatars/12avatars.com ("12avatars") and secure.apolloi.com - the shopping cart system and secure area (also "12avatars") authorizes You to participate in the affiliate program running in Second Life and on the web site, 12avatars.com. If You cannot agree to each of the terms and conditions set forth below, regardless of the reason, You are not authorized to participate in the affiliate program on the 12avatars.com web site or within Second Life. If You do not agree to be bound by each of these terms, You are not authorized to participate in the affiliate program or use the 12avatars.com site nor any of its services. There are many web sites currently available with terms of use that differ than those set forth below. By clicking on the "Accept" button or using this site, You agree to be bound by the terms of use and representations set forth below.
In order to use the web site 12avatars.com or participate in the 12avatars affiliate program, You must affirmatively agree as follows:
1. Your Status
You represent and warrant that you are at least 18 years of age and capable of entering into this Agreement and providing the necessary representations and warranties necessary to qualify to use the web site, or alternatively, You represent and warrant that if You are over 15, but less than 18, that You have discussed Your use of this site with Your parent and that You had Your parent read and agree to Your making the necessary representations and warranties required to qualify to use the web site and to the terms and conditions of this Agreement.
You also represent and warrant that You are not a person barred from using this site under any law of the United States or any other jurisdiction.
If you provide any information that is untrue, inaccurate, not current or incomplete or 12avatars.com has a reasonable ground to believe that such information is untrue, inaccurate, not current or incomplete in connection with Your registration to use the 12avatars.com site or the affiliate program, You agree that 12avatars.com has the right in its sole discretion to terminate Your account and prohibit Your use of the 12avatars.com web site.
2. Revisions & Acceptance
12avatars may make revisions and changes to this Agreement from time to time that alter the terms and conditions of Your use of the site, 12avatars.com, without providing notice to You. You agree to be bound by all future changes and revisions with or without express notice. You can review the most current version of this Agreement at any time at Terms of Use (http://www.12avatars.com/termsofuse.php). You agree that you will review the site regularly. If you disagree with any revisions and changes to the terms and conditions of use for the web site, You agree immediately to discontinue use of the web site. Please see paragraph 13 for information as to how to terminate this Agreement.
3. User Account
By registering to use 12avatars.com and the affiliate program, you agree that the site is provided to You for Your own personal use and may not be used for any commercial purpose other than the business of 12avatars. You further represent and warrant that You are not using this site for any competitive, commercial purpose.
When you register with 12avatars.com, You will supply (your email) and PayPal email for Your account or may be required to supply other information. It is your sole responsibility to maintain the confidentiality of your account information. Your account is for Your sole, personal use. You may not authorize others to use Your account, and You may not assign Your account to any other person or entity. In the event that someone gains access to Your account without Your authorization, You should alert 12avatars.com by emailing us at info@12avatars.com and You should change your password immediately (if you are a web affiliate). You are fully responsible for any activity that occurs under your account in violation of the terms and condition of this Agreement.
4. Submission of Proper Content
1. The Content posted on the 12avatars.com web site is composed of original works by those who are authorized to post Content at the site upon agreeing to the terms and conditions of the site. Content may consist of original photographs, graphics, and script. By posting any Content, you agree and understand that 12avatars.com is NOT asking or encouraging You to engage Yourself or encourage anyone else to engage in activities that even potentially: 1) could cause risk of injury, loss (emotional, physical or financial), mental disturbance, death, or disability, 2) harm to animals, or 3) constitute a crime, tort or any type of injury or harm to others. Further, You agree not to post Content that provides tips or instructional information that assist or could assist others in committing any crime, such as buying, creating or selling weapons or illegal substances, or that misrepresents in a false or misleading manner any product, person or company. Likewise, You agree that any posted content by others should not be viewed as encouraging You to engage in any illegal, negligent or risky behavior.
2. You agree that 12avatars.com is authorized to remove Your Content on its site when it believes (in its sole discretion) that You have engaged in, or are engaging in, or could be engaging in any activities that even potentially: 1) could cause risk of injury, loss (emotional, physical or financial), mental disturbance, death, or disability, 2) harm to animals, or 3) constitute a crime, tort or any type of injury or harm to others.
3. You fully understand that public Content posted to the web site is non-confidential and freely available to anyone using the Internet and agreeing to the terms and conditions of the web site. You also understand that other users may view and comment on the Content that you post on the web site. By posting Content to the web site, You agree to allow third parties to comment on the Content you have posted. You agree that 12avatars.com can include any and all third party comments in all forms adjacent to, or within, Your Content for advertising, promotion, publicity or for any other purpose. You further agree that 12avatars.com has no responsibility or liability to You, or any other person, for any comments posted about or involving the Content You submit to be run on the web site. Further, You expressly agree that You understand that You open yourself up to comments from others that may be disparaging, humiliating, embarrassing and could cause public ridicule to You or others, without any recourse of any type against 12avatars.com.
4. By posting content to the 12avatars.com web site, You provide 12avatars.com with all rights necessary, including any sublicense necessary, to reproduce, publish, edit, modify, adapt, publicly perform, publicly display and distribute Your Content worldwide on the 12avatars.com website, as well as to allow any partner web sites to reproduce, publish, edit, modify, adapt, publicly perform, publicly display and distribute Your Content worldwide on their respective web sites without any notice or further consent orally or in writing. You also give consent to 12avatars.com to use any Content You provide for the web site for 12avatars.com's marketing purposes and to allow 12avatars.com to change the file format of Your Content or add protections such as watermarks. Further, You expressly recognize and acknowledge that the quality of Your video, photographs, graphics and other Content provided may differ, in whole or in part, from that which You submitted to 12avatars.com once run on the web site due to the change of format or for any other reason. This license in favor of 12avatars.com exists and survives termination of this Agreement.
5. If for any reason you determine that you do not want any of Your Content to be run on 12avatars.com, you must comply with the terms of paragraph 13 of this Agreement. You termination will be processed according to terms of paragraph 13.
6. You can also delete any of your Submitted Content at any time.
5. Copyright, Intellectual Property, Proprietary Information and Other Legalities
1. You represent and warrant that all Content You submit for uploading to 12avatars.com is original, owned by You and that You hold all necessary rights to the Content submitted to 12avatars.com, including but not limited to copyright, trademark, patent, proprietary information and written consents from every person identifiable in the Content. You also represent and warrant that the work submitted for uploading does not infringe the copyright or any other rights of any third party. You further represent and warrant that no additional approvals and or consents are necessary for Your Content to be uploaded legally to the 12avatars.com web site for others to view.
2. You expressly represent that You understand that YOU ARE NOT AUTHORIZED TO SUBMIT CONTENT OWNED BY SOMEONE OTHER THAN YOU. You further understand and agree that the purpose of the 12avatars.com web site is to provide Second Life avatars and others to publish original Content, receive publicity and have the opportunity to earn money for selling a product. This is NOT a web site that is designed for, condones or supports the illegal uploading of Content, music and any other commercial or non-commercial Content owned and/or created by a third party. 12avatars.com reserves the right to terminate this Agreement without notice and to pay no monies to You if You are found to have submitted, in whole or in part, content of a third party or any content that violates or infringes any other legal rule or regulation.
3. You also represent and warrant that any Content you submit is free of any viruses that may damage 12avatars.com and that by submitting Content to run on the 12avatars.com site you do not endeavor to hurt or harm 12avatars.com, its service or its other users in any manner. All the content displayed in the 12avatars.com site is either owned or licensed by 12avatars.com.
4. You agree not to reproduce, duplicate, copy, sell, transfer or make any use for any commercial purpose, in whole or in part, of the 12avatars.com web site or service.
5. Unless you receive permission directly from 12avatars.com in writing, you may not copy, modify or redistribute any Content within the site.
6. You also agree that 12avatars.com is not obligated in any way to monitor, review, screen or edit any Content you submit to be run on the 12avatars.com site.
7. You expressly agree that you will not use an automated or manual device or process, robot or spider to monitor or copy any Content from 12avatars.com.
6. No Illegal Purpose
You agree that you will not use the web site or any service offered in connection with the web site for any illegal or unauthorized purpose. You must use the web site and any service offered in connection with the web site in a manner consistent with any and all applicable local, state, national and international laws and regulations (including, but not limited to, United States copyright law and export control law). International users must comply with all local laws regarding online conduct and acceptable Content.
7. 12avatars.com Marketing Partners
You recognize that 12avatars.com may post Your Submitted Content on other websites for the purpose of gaining further visibility for Your Content which, in turn, may or my not make You more money and increase the public awareness for Your Content
8. Hold Harmless and Indemnification
You agree to defend, indemnify and hold harmless 12avatars.com, its partners, directors, officers, employees, agents, representatives and/or affiliates, from and against any and all liability, claims, losses, damages, injuries, or expenses, including, without limitation, reasonable attorney's fees, from any claim arising from or in any way related to Your use of the web site 12avatars.com, Your Content, the breach by You of any term and condition of this Agreement or any goods or services 12avatars.com offers through the site.
9. Disclaimers
You represent by entering into this Agreement, You are not breaching, violating or interfering with any other Agreement or arrangements. You understand that You are entering into this agreement at your own risk and that 12avatars.com does not take any responsibility for the Content, including but not limited to the legality of the Content You submit and general use of the 12avatars.com site, including, but not limited to, Your interaction with others who use the site.
10. No Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 12AVATARS.COM PROVIDES THE WEB SITE AND ITS SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. 12AVATARS.COM MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR INFORMATION PROVIDED UNDER THIS AGREEMENT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, 12AVATARS.COM DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING OR RELATING TO THE SERVICE OR WEB SITE PROVIDED FOR UNDER THIS AGREEMENT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, 12AVATARS.COM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
11. Limitation of Liability and Release
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL 12AVATARS.COM, ITS DISTRIBUTION PARTNERS AND/OR ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, OR RELATING TO, THE USE OR INABILITY TO USE THE WEB SITE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR GOODWILL, LOSS OR CORRUPTION OF DATA, PROGRAMS OR CONTENT, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF 12AVATARS.COM KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL 12AVATARS.COM BE LIABLE TO YOU FOR ANY AMOUNT OTHER THAN THE THAN ANY AMOUNT PAID BY YOU TO 12AVATARS.COM FOR USE OF THE SITE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you if you are a resident of such a state.
12. Payment
1. 12avatars.com agrees to pay to You a $5 per Real World calendar you sell, You provide 12avatars.com information such as to Your PayPal account that can be used for the payment of monies earned, Your Content complies with paragraphs 4, 5 and 6 of this Agreement, and You provide 12avatars.com any other information requested from time to time so as to insure proper legal compliance by 12avatars.com for any payments made to You.
2. All affiliates who earn $5 or more in any given month and have registered will be paid by 12avatars within sixty (60) days from the end of the applicable calendar month.
3. Notwithstanding the aforementioned, 12avatars will not be liable for any payment based upon fictitious clicks or ad views or any automated system or procedures.
4. If you dispute any payment You receive, You must notify 12avatars.com in writing via mail as specified below within thirty (30) days of receipt of such payment. In this notification, you must state your Second Life Avatar Name, month in dispute, amount in dispute, and provide specific detail as to why you believe the payment received was inaccurate. The letter must be signed and mailed to:
Revenue Disputes
12avatars.com
531 Main Street #902
El Segundo, California USA 90245
5. If you believe that You should have received a payment in any given month and You did not receive any payment, You must notify 12avatars.com in writing via mail as specified below within ninety (90) days from the end of the month for which you did not receive a payment. In this notification, you must state your account name, web site month in dispute, amount in dispute, and provide specific detail as to why you believe you were entitled to receive a payment. The letter must be signed and mailed to:
Revenue Disputes
12avatars.com
531 Main Street #902
El Segundo, California USA 90245
6. In order to participate in the affiliate program running on the 12avatars.com site for which you want to qualify to receive any payment, You must register with a real and valid email address and PayPal email address. If you make over $500 in affiliate commissions we will require a W9 Form or other IRS Form (if you are a non US resident) which will include your social security number (or federal tax id) as well as real and valid address information, etc. You understand that it is Your sole responsibility to keep current Your account information. Any monies earned during any month pursuant to the procedure described above will be transmitted to Your PayPal account within sixty (60) days of the end of the month for which the payment is awarded. If you do not have a PayPal account, you can sign up at www.paypal.com (this is free). You understand that 12avatars.com and the 12avatars.com web site are not in any way related to, or affiliated with, PayPal. You also understand that a 2.9% transaction fee will be deducted from your balance to cover Paypal transfer fees.
7. You agree that you are solely responsible to pay all applicable taxes or charges imposed by any governmental entity in connection with any payment you receive from 12avatars.com in connection with any affiliate commissions made with 12avatars.com. You further agree if for any reason You do not comply with this provision, 12avatars.com retains to recover from you any applicable taxes or charges imposed on 12avatars.com by any governmental entity in connection with any payment You receive from 12avatars.com for Your affiliate commissions.
8. Notwithstanding anything set out above, You agree that 12avatars.com will not pay You and has no obligation to pay You more than $500 in total in any calendar year, if you have not provided 12avatars.com with a fully completed Form W-9. You may also provide 12avatars.com with the needed form (when required), complete the form (and include Avatar Name) in its entirety and mail to:
Tax Payer Information
12avatars.com
531 Main Street #902
El Segundo, California USA 90245
13. Termination
1. You may terminate this Agreement without giving any reason or explanation at any time by emailng us at info@12avatars.com. 2. You acknowledge and understand that 12avatars.com can terminate this Agreement at any time without giving any reason or explanation. You further acknowledge that 12avatars.com has the right to remove any of Your Content if it receives any objection or complaint from any third party, or alternatively, if it decides in its sole discretion that the Content does not meet the standards for the web site, Your Content is not beneficial to 12avatars.com's business, You have engaged in fraudulent or illegal activities or have interfered in any way with the operation of the 12avatars.com site. Once terminated, 12avatars.com may not pay you any monies due for Your content. 3. In the event of termination, Your account will be disabled and You may not be granted access to Your account or any files or Content contained in Your account even if residual copies of Content remain in the system.14. Infringement Notice
If You believe that Content on 12avatars.com is infringing any copyright, trademark, patent, right to privacy or any other law or right of Yours or any third party, send a letter detailing Your objection to:
Copyright Agent
12avatars.com
531 Main Street #902
El Segundo, California USA 90245
Please include Your name, signature, mailing address, telephone number and email address.
In your letter, please identify the specific Content that You believe to be infringing upon Your copyrighted work or another's copyrighted work. Please indicate the website URL on 12avatars.com where it resides as well as the title of the Content. Also, please describe the specific grounds on which You base Your claim.
You understand that 12avatars.com intends to comply and complies with the terms and conditions of the Digital Copyright Millennium Act. See 12avatars.com's policy statement on Copyright and other Intellectual Property posted at Copyright/IP Policy.
15. Use and Storage
You understand that 12avatars.com may set policies regarding the use and storage of Content on the site. Such policies may include but will not be limited to the size of uploads, the acceptance of various types of Content, the amount of times a video can be downloaded, the length of time that emails and comments can be stored on our service, the length of time in which an inactive member account is maintained, and/or the size of emails sent between members. You agree that 12avatars.com has no obligation or responsibility to store any of Your Content including videos, photographs, audio clips, text, graphics or any other content. You acknowledge that 12avatars.com has the right to modify its policies as to Your use and storage of Content in connection with the 12avatars.com site without notice.
16. Links & Marketing Partner Sites
1. You agree that 12avatars.com may refer users to other sites via links from 12avatars.com. You acknowledge that 12avatars.com does not have control over the content of third-party sites, whose links are featured on 12avatars.com. 12avatars.com does not endorse the content of these third-party sites and 12avatars.com is not responsible or liable for any of the content, products or services posted at these sites or the privacy policies of these sites.
2. To increase the overall visibility and earnings potential of Your Content, 12avatars.com may syndicate (but has no obligation to do so) Content to other web sites ("Marketing Partners"). You acknowledge and understand that 12avatars.com does not have control over the content of these sites, or the privacy policies of these sites. 12avatars.com does not endorse the content of these sites and 12avatars.com is not responsible or liable for any content, products or services offered by these sites, or of the privacy policies of these sites.
17. Prohibited Conduct
You expressly acknowledge that clicking on graphic ads and text links with the purpose of generating false advertising results is deceptive, fraudulent and in violation of the terms of this Agreement. You agree to refrain from any such activity and You agree NOT to encourage others to do so manually or via any automated system or other means. You also agree NOT to generate pages views and commercial viewings with the primary purpose of generating additional impressions.
18. Member Communication and Disputes
You are solely responsible for your interaction and disputes with other users of 12avatars.com. 12avatars.com reserves the rights to monitor these member interactions, but has no obligation to do so.
19. Privacy Policy
Use of the 12avatars.com web site and service is governed by a Privacy Policy and you agree to the terms and conditions of the privacy policy by entering into this Agreement.
20. Interruption of Service
12avatars.com is also not responsible for any interruption in our service of any kind that may prohibit users from accessing the site or the affilaite program or results in a loss of revenue.
21. Governing Law and Jurisdiction
The terms and conditions of this Agreement and the relationship between You and 12avatars.com shall be governed by (and construed and interpreted in accordance with) the laws of the state of California, without regard to its conflict of law provisions or Your actual state or country of residence, and as if made in California by two residents of the State of California. You also agree to submit to the exclusive jurisdiction of the state and federal courts in Los Angeles, California, as provided for in this Agreement.
22. Arbitration
You agree that any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any other claim or controversy of any other party. The decision of the arbitration shall be final and unappealable. The arbitration shall be conducted in Los Angeles, California and judgment on the arbitration award may be entered in any court having jurisdiction thereof in accordance with paragraph 21 of this Agreement. Notwithstanding anything to the contrary in this Agreement, 12avatars.com retains the right at any time to seek an injunction or other form of equitable relief from a court of competent jurisdiction.
23. Relationship of the Parties
Notwithstanding any other provision of this Agreement, both parties agree that this Agreement does not create any partnership, joint venture, employment or agency relationship between the parties. Nothing in this Agreement provides one party the right to bind the other party for any purpose. Both parties agree that each party shall be, and acts as an independent contractor of the other.
24. Assignment
You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without 12avatars.com's prior written consent, which is subject to its sole discretion. You agree, however, that 12avatars.com may assign this Agreement at any time without notice.
25. Counsel
Although 12avatars.com has attempted to state the terms and conditions applying to this Agreement in straightforward English, if you use the 12avatars.com web site, You accept these terms, which create a binding and enforceable agreement. Thus, You understand that you are free, and 12avatars.com encourages You, to seek guidance from Your manager, lawyer or other professional, if any, regarding use of this web site and entering into this Agreement.
26. Miscellaneous
Any failure on the part of 12avatars.com to enforce any part of this Agreement does not constitute a waiver of that provision. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforceable. The paragraph headings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms and conditions of this Agreement.
27. Entire Agreement
This agreement represents the entire agreement between You and 12avatars.com.
