Share Magnet Terms of Service
Last Updated June 13, 2011
Welcome to Share Magnet. We’ve designed these Terms and Conditions to create a safe and fair environment for all Share Magnet users. By using or accessing Share Magnet, you consent to be bound by our policy. If you do not agree to these terms, please do not use Share Magnet.
Terms and Conditions
Date of last revision: June 13, 2011
BY ACCESSING OR USING SHARE MAGNET, YOU AGREE TO THE FOLLOWING:
These Terms and Conditions (Terms) govern our relationship with users and all others who interact with Share Magnet LLC (Share Magnet). These terms cover all of Share Magnet. Each time you use the site, the current version of our Terms will apply. Accordingly, you should check the date listed above and review any changes to the last version.
All content included on this web site, including text, graphics, logos, buttons, icons and images, is the property of Share Magnet, its licensors, and its content suppliers, and is protected by U.S. and international copyright and trademark laws. The compilation of all content on this web site is the exclusive property of Share Magnet and is protected by U.S. and international copyright laws.
Share Magnet, the sharemagnet.com logo and all trademarks, service marks, and trade names appearing on the web site are the property of Share Magnet or the respective owners that have granted Share Magnet the right to use such marks.
Registration and Account Security
Share Magnet users must provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us related to registering and maintaining the security of your account:
1. You will not provide any false information on Share Magnet, or create an account for anyone other than yourself without permission.
2. You will not create more than one personal profile.
3. If we disable your account, you will not create another one without our permission.
4. You will not use Share Magnet if you are under 13.
5. You will not use Share Magnet if you are a convicted sex offender.
6. You will keep your contact information accurate and up-to-date.
7. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
8. If you select a username for your account, we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains).
9. Registration and use will be limited to countries of Share Magnet’s choice. At this time, Share Magnet only permits access to IP addresses registered to the United States.
We do our best to keep Share Magnet safe, but we do not guarantee safety. We need your help with safety, including the following commitments:
1. You will not send or otherwise post unauthorized commercial communications (such as spam).
2. You will not collect users’ content or information, or otherwise access Share Magnet, using automated means (such as harvesting bots, robots, spiders or scrapers) without our permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme on Share Magnet.
4. You will not upload or share viruses or other malicious code.
5. You will not solicit login information or access an account belonging to someone else.
6. You will not bully, intimidate or harass any user.
7. You will not post or share content that is: hateful, threatening, pornographic, incites violence or contains nudity or graphic, gratuitous violence.
8. You will not develop or share anything containing alcohol-related or other mature content without appropriate age-based restrictions.
9. You will not use Share Magnet to do anything unlawful, misleading, malicious or discriminatory.
10. You will not do anything that could disable, overburden, or impair the proper working of Share Magnet (such as a denial of service attack).
11. You will not facilitate or encourage any violations of these Terms.
Protecting Other People’s Rights
We respect other people’s rights and expect you to do the same.
1. You will not use Share Magnet in any way that infringes or violates someone else’s rights or otherwise violates the law.
2. We may remove any content or information that infringes or violates someone else’s rights or otherwise violates the law. If you repeatedly infringe other people’s rights, we will disable your account when appropriate.
3. We may request you to stop sharing any content at any time. If you refuse to stop, we will disable your account when appropriate.
4. You will not use our copyrights or trademarks, including Share Magnet, Share Magnet Logos, SM, sharemagnet.com, or any confusingly similar marks without our permission.
5. You will not share anyone’s identification documents or sensitive financial information.
You may not use Share Magnet fraudulently, maliciously or in violation of our Terms. Forbidden uses of the Share Magnet program include, but are not limited to:
§ Fraudulently generating impressions via: bots, scripts, auto-refreshes, iframes, pops, or other surreptitious methods;
§ Hacking other websites illegally to display or pop your links;
§ Embedding your links in malware or programs without user consent;
§ Distributing illegal content or child pornography;
§ Unwelcome spamming of other sites without permission using your links;
§ Bullying others to click on Share Magnet links;
§ Manipulating click rates in any manner;
§ Sharing after a magnet has been terminated.
§ Creating an account from a disposable or otherwise fraudulent email.
When you register for Share Magnet, you agree to the following Payment Terms.
a. Even though we use terms like “share,” we do not transfer any ownership, usage or other rights.
b. Each share agreement will be governed by the specific terms associated with that agreement. Pay close attention to your agreement, because Share Magnet only will be accountable for those terms.
c. Share Magnet reserves the right to restrict access to the web site. Accordingly, clicks from IP addresses outside the intended range are not eligible for payment.
d. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SHARED ON OR THROUGH SHARE MAGNET.
2. Payment Sources
a. We want to make payments secure and convenient, so we will use PayPal for clearing and securing all transactions. In order to register or use Share Magnet, you must obtain a PayPal ID.
b. When you provide account information to us, you confirm that we are permitted to use that account. You also authorize us to collect and store it, along with other related transaction information.
3. Actions We May Take
a. We may make any inquiries that we consider necessary, either directly or through third parties, concerning your account.
b. We may place a delay on a payment for a period of time, limit payment sources for a transaction, limit your ability to make a payment or deactivate your account if we believe doing so may prevent financial loss.
c. We may cancel any transaction if we believe the transaction violates these Payment Terms, the general Terms, any applicable local, state or federal law, or if we believe doing so may prevent financial loss.
d. We may contact your payment source issuer, law enforcement, or impacted third parties (including other users) and share details of any payments you are associated with if we believe doing so may prevent financial loss or a violation of law.
e. If you purchase advertising, and your payment method fails or your account is past due, we may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys' fees. Interest will accrue on any past due amounts at the rate of the lesser of 1% per month or the lawful maximum.
f. If we deactivate your account and you do not meet any conditions necessary to reinstate it within 6 months, you risk forgoing any outstanding payment.
4. Disputes and Reversals
a. If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss.
b. To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within 30 days of charge.
c. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted.
d. We may intervene in disputes between users concerning payments but have no obligation to do so.
e. Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time.
5. Special Provisions Applicable to Sharer
a. In order to receive payment from Share Magnet, sharers must provide a PayPal ID.
b. If a sharer exceeds $500 in earnings, we will require additional information such as address, social security number, name and telephone number in order to comply with state and federal income tax law. Should that share fail to provide this information, Share Magnet reserves the right to withhold further payment.
c. At this time, Sharers will not be paid for clicks from IP address registered outside the United States.
6. Special Provisions Applicable to Advertisers
a. When you enter into an agreement with Share Magnet, you agree to pay all amounts specified in the order, along with any applicable taxes.
b. You are responsible for maintaining the security of your advertising account.
c. You can cancel an advertising order at any time, but sharers may continue to share for several days after you notify us, and you will still be responsible for paying for those shares.
a. If you are under the age of 18, you may make/receive payments only with the involvement of a parent or guardian. You should review these Payment Terms with a parent or guardian to make sure you both understand them.
b. Some countries may restrict or prohibit your ability to receive payments through Share Magnet. Nothing in these Terms should be read to override or circumvent such laws.
Additional Provisions Applicable to Advertisers:
The following additional terms apply to Advertisers:
1. When you place an order, you will tell us the type of magnets you want to buy and the amount you want to spend. If we accept your order, we will deliver you ads as resources become available. When serving your ad, we do our best to deliver the ads to the audience you specify, although we cannot guarantee in every instance that your ad will reach its intended target.
2. In instances where we believe doing so will enhance the effectiveness of your advertising campaign, we may broaden the targeting criteria you specify.
3. You will pay for your orders in accordance with the Payment Terms listed above.
4. Your ads must comply with all our Terms, such as those detailed in the Safety section.
5. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
6. We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads. We do, however, have systems to detect and filter suspicious activity.
7. You can cancel your order at any time, but it may take a reasonable time to stop the ads from being shared. You are responsible for payments accrued in the interim.
8. Our license to run your ad will end when we have completed your order. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it.
9. We can use your ads and related content and information for marketing or promotional purposes.
10. We may reject or remove an ad for any reason.
11. If you are placing ads on someone else’s behalf, we need to make sure you have permission to place those ads, including:
a. You warrant that you have the legal authority to bind the advertiser to this Statement.
b. You agree that if the advertiser you represent violates these Terms we may hold you responsible for that violation.
12. By submitting to Share Magnet, you grant Share Magnet the permission to use the information for public viewing.
13. You are prohibited from submitting or transmitting to or from the web site any unlawful, threatening, libelous, defamatory, obscene or pornographic materials that would violate any law or the rights of others, including without limitation, laws against copyright infringement. Violation of these restrictions may result in restricting or limiting your access or use of the site.
14. Share Magnet, also reserves the right, in its sole discretion, to delete or remove your magnets from the web site and to restrict, suspend or terminate your access to all or part of the web site, at any time for any reason without prior notice or liability.
15. To the maximum extent permitted by law, Share Magnet will have no liability related to magnets arising under the laws of copyright, libel, privacy, obscenity or otherwise. Share Magnet disclaims any and all liability with respect to the misuse, loss, modification or unavailability of any magnets.
Modification of Terms
Share Magnet reserves the right, at any time, to modify, alter or update these terms and you agree to be bound by such modifications, alterations or updates.
If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Share Magnet to you.
1. You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of or relating to this Statement or Share Magnet exclusively in a state or federal court located in Los Angeles County, California. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California for the purpose of litigating such claims.
2. If anyone brings a claim against us related to your action, content or information on Share Magnet, you will indemnify and hold us harmless from and against all damages, losses and expenses of any kind (including reasonable legal fees and costs) related to such claim.
3. WE TRY TO KEEP SHARE MAGNET UP, BUG-FREE AND SAFE, BUT USE IT AT YOUR OWN RISK. WE ARE PROVIDING SHARE MAGNET “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SHARE MAGNET WILL BE SAFE OR SECURE. SHARE MAGNET IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST SUCH THRID PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECITON WITH THIS STATEMENT OR SHARE MAGNET, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR SHARE MAGNET WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASE, SHARE MAGNET’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
1. By “Share Magnet” we mean the features and services we make available, including through our website at sharemagnet.com, any other Share Magnet branded or co-branded websites or any other Share Magnet affiliates.
2. By “Sharer” we mean a registered user who shares a sponsored link with others with the intention of getting paid.
3. By “Advertiser” we mean a business entity intended to gain publicity by using Share Magnet.
4. By “Magnet” we mean an advertisement to be shared, including but not limited to: a stand-alone page, a redirect, a PDF and a video.
5. By “Share” we mean to forward an advertisement to others through mediums including but not limited to: Social Networks, SMS, and Email.
6. By “Click” we mean a visit to a ‘Magnet’ from a unique IP.
7. By “Information” we mean facts and other information about you, including actions you take.
8. By “Content” we mean anything you post on Share Magnet or share through Share Magnet.