Last date of Update: October 1, 2012
THE PURPOSE OF THESE TERMS OF USE
Dear User, thank You for visiting our Website located on the domain paydaymansion.com. The domain paydaymansion.com is a property of PaydayMansion. Terms of Use is a document whose purpose is to regulate all the issues that may arise when using our Affiliate Members Area, Software, Creative Material, which we provide to the Affiliates. Please review these Terms of Use in full, not omitting any of its provisions.
Please take a note of the above Last Date of Update. We may inform You about an update and the resultant change in the Last Date of Update by newsletter or by other means; however, under no circumstances do we guarantee that we will do this every time an update of these Terms of Use is made. Neither do we guarantee that the newsletter or message sent to You by other means will reach You, will be legible, readable, and complete. It is Your responsibility to regularly review these Terms of Use, so that You are aware of any changes made in these Terms of Use. If the current Last Date of Update is later than the Last Date of Update You saw when You entered into the Affiliate Agreement, You have to immediately review these Terms of Use once again. Reviewing the full contents of the Terms of Use on such an occasion is compulsory and should be made immediately after You notice that an update of Terms of Use was made. We do not take any liability for damages, regardless of their nature and their consequences, that You incur due to Your unawareness of any updates or updates implemented in these Terms of Use.
These Terms of Use are binding to PaydayMansion and Affiliates, and acceptance of these Terms of Use (along with the Privacy Policy) is explicitly stated in the Affiliate Agreement. Your acceptance of the Affiliate Agreement entails that You also accept these Terms of Use along with the Privacy Policy.
ACCEPTANCE OF TERMS OF USE
We require You to accept these Terms of Use in full, all its provisions separately, without any reservations or exceptions. As per the above, we have the full right to update these Terms of Use (according to the section THE PURPOSE OF THESE TERMS OF USE). We acknowledge that You make all the possible effort to familiarise Yourself with updates resulting from change or changes to these Terms of Use. It is Your full responsibility to review these Terms of Use in order to find out what updates have been made. It is required that You accept these Terms of Use in full, in the form You initially accepted when entering into the Affiliate Agreement with us and in all subsequent forms that are different from the Terms of Use You initially accepted, due to an update or updates that we may implement.
LIABILITY DISCLAIMER
We do our best to provide fully relevant information on this Website and ensure complete accessibility of all the elements of this Website (Affiliate Members Area, subpages, third party links, banners, and all other elements on this Website). However, it must be accepted that sometimes problems may occur. These problems may stem from technical factors (problems with hosting, virus activity, temporary technical problems with the Affiliate Members Area, subpages, third party links, banners, and other elements of this Website), or from human factors (actions of PaydayMansion employees and its business partners). On no account will we be liable for any damages caused by these problems: direct or indirect, financial or non-financial, special, punitive, incidental or consequential. Using our Website and all of its elements is at Your own risk. In some jurisdictions this disclaimer may not be allowed in its entirety or part, so it may not be applicable in Your case.
AMENDMENTS TO WEBSITE CONTENTS
We fully reserve the right to amend the contents of the Website, its graphics, texts, source code, or any other elements, without any prior notification, for any reasons, be it: update, maintenance action, changes in our marketing and PR strategy. We may inform You about the amendments to the Website contents, and we may provide reasons for such amendments, but not always. It is left to our discretion.
PERSONAL DATA COLLECTION AND PROCESSING CONSENT
Under these Terms of Use You give Your full consent to our collecting and processing Your personal data, which include Personally Identifiable Information and Non-Personally Identifiable Information. These types of information are collected and processed during Your visits on our Website and during registration and login to the Affiliate Members Area. For the purpose of these Terms of Use, You are solely liable for completeness, accuracy, relevance and authenticity of Personally Identifiable Information You provide. Under no circumstances do we take any liability for damages or any other consequences that may occur due to incomplete, inaccurate, irrelevant or inauthentic Personally Identifiable Information which You provide.
We reserve the right to take any action, including legal one, to seek indemnity if You fail to provide Personally Identifiable Information in the form that is demanded by the applicable laws and our internal procedures, and if this failure causes us any damages: financial, non-financial, consequential, incidental, punitive, or of any other nature. We entirely exclude our liability for Your failure to provide appropriate Personally Identifiable Information, regardless of damages it may cause or other consequences to all third persons (US or non-US, physical person or persons, legal person or persons or other entities having no juridical personality). If Your failure produces a breach of any laws, we have the full right to inform the relevant administrative organs, whether or not we are asked to do so. Even if Your data are complete and relevant, we may be asked to disclose Personally Identifiable Information about You to the appropriate law enforcement agencies or other bodies. In all cases described above, we retain the right to any action against You if Your action, mistake, error, negligence, or failure to act causes any damages to us.
LEGAL AGE REQUIREMENTS
The use of our Affiliate Members Area and all the preceding actions such as Registration and login are only intended for people who are at least 18 (eighteen) years old. This means that if You have not reached this age, You are not allowed to use the Affiliate Members Area or any other tools and applications mentioned in these Terms of Use. We do not take responsibility for any actions You make if You are underaged. We do not knowingly agree to Registration, login and the use of the Affiliate Members Area by minors. If You are a minor, You are fully obliged to immediately submit information about it to our team (contact details are available in the section ‘Contact details’ of these Terms of Use). We are not liable for any actions of minors who use the Affiliate Members Area and do not notify us about this activity. If You are a minor, You are allowed to surf on our Website, but You are not allowed to access the Affiliate Members Area or other elements of our Website restricted to the Affiliates, employees of PaydayMansion, who are adult persons. Some jurisdictions may not even allow You to surf on our Website as a regular User. It is Your responsibility and the responsibility of Your parents, custodians or other persons who have custody of You to make sure that You are allowed to use our Website.
REGISTRATION AND LOGIN
For the purposes of Registration and login we provide You with all the necessary advice to complete them entirely, effectively and according to all the applicable laws.
Registration in our Affiliate Members Area is compulsory to all persons who are given an Invitation Code. The act of handing over an Invitation Code means that we accept candidature of such a person to become our Affiliate. Your being in possession of an Invitation Code does not automatically mean that You registered. In order to proceed with the Registration, You may be asked to provide Your Invitation Code and all other information (Personally Identifiable Information, Non-Personally Identifiable Information, and other). During the Registration we commence system authorisation of the information You provide. You are also asked to verify information on Your own before You proceed. After completion of this stage of Registration, an inactive account is created for You and we send You a message to Your e-mail with a unique activation link. You must click this link, which redirects You to the Affiliate Members Area, where You have to manually activate Your account. Your account is effectively registered only if You go through all these formalities, click the activation link, and see the confirmation from us that Your Registration is complete. Then the Registration is deemed complete. We reserve the right to ask You to provide us without delay with any missing information, or to give us correct information, or to provide an explanation if something is unclear.
Registration can be made only by a person who was granted an Invitation Code. This task cannot be assigned to any other person. It is only You who can undergo the Registration process. If You are not a person entitled to using any of the Registration data (including Personally Identifiable Information, Non-Personally Identifiable Information, Invitation Code, and/or other information), You are obliged to halt the whole process of Registration immediately, inform the Affiliate, or the representative of the Affiliate about this, return all the information You unlawfully gathered or intercepted, delete it from any hard drives, mobile devices or any other devices enabling storage of information, regardless of whether or not You own these devices. The Affiliate and/or candidates for Affiliates are fully responsible for non-disclosure of data sent to us during the Registration process. You bear sole liability for any consequences that may ensue. We reserve the right to take legal action against You if You neglect the Registration process in any way, for any reason. However, we also reserve the right to take legal action against a person who is not authorised to gain access to any data needed to register or login when he/she unlawfully comes into possession of these data. It is exclusively our decision to take all the appropriate measures either against such a person or against You, or against both You and such a person.
Acts of login are all actions made after You successfully completed the Registration. All safety measures stated above and applying to the Registration process apply entirely to any act of login. All information required to log into the Affiliate Members Area should be kept undisclosed and protected from interception or any other form of unlawful possession of this information by other persons. It is Your obligation to inform us without delay if You suspect that login information is in the possession of any unauthorised person. Quick action in such a case cannot protect us from any damages, so we reserve the full right to seek indemnity if we sustain such damages because Your login information came into possession of any unauthorised person.
USING THE AFFILIATE MEMBERS AREA
After Registration You gain full access to the Affiliate Members Area and You can enter it any time You need to. You are responsible for using the Affiliate Members Area in full compliance with its purpose and our internal procedures. The Affiliate Agreement and these Terms of Use are in force at all times; therefore, You are obliged at all times to follow all the provisions of the Affiliate Agreement and Terms of Use regarding the use of the Affiliate Members Area. Neither the Affiliate Members Area nor Your account in the Affiliate Members Area becomes Your property in full or in any part. We only give You licence to use the Affiliate Members Area in compliance with the Affiliate Agreement and Terms of Use. The Affiliate Members Area, its organisation, source code, and any other elements that may be considered a part of the Affiliate Members Area, are the sole property of PaydayMansion, and they are protected by (but not limited to) copyrights. We reserve all rights to seek indemnity from You if You breach the scope of the licence.
You are permitted to use the Affiliate Members Area to the extent that is allowed for Affiliates. If the number of options and tools available to You in the Affiliate Members Area changes (is increased, decreased, or changed in any form), and we do not inform You about this beforehand, it is Your obligation to immediately notify us about this fact. This stipulation is applicable to any situation when Your authorisation level changes without prior notification, since it may be caused by our actions, but also by a malfunction of software that powers the Affiliate Members Area independently of our employees and sources. You are also obliged to inform us if You are unable to enter the Affiliate Members Area. We may commence maintenance works or updates of the Affiliate Members Area. We do our best to inform You about such actions but sometimes we may not be able to do this. Also, we may attempt to notify You but the message may not reach You for some reason. If You encounter a problem with entering the Affiliate Members Area, please get in touch with us so that we can provide You with all the necessary information about the nature of the problem and the time it may take to solve it. If we are not able to inform You in sufficient advance about any actions made by us in the Affiliate Members Area so that You may reorganise Your activities, we do not take liability for any damages You may incur. We advise You to regularly enter the Affiliate Members Area so that You can get all the information necessary to avoid such a situation.
Access to and the use of the Affiliate Members Area is restricted only to You. You are solely responsible for non-disclosure to any unauthorised person any information regarding the Affiliate Members Area, its options, tools, and functionalities as well as information announced through the Affiliate Members Area, statistics or other figures.
SECURITY AND SAFETY RULES
We provide standard solutions in the area of security and safety of information. Security and safety measures we take apply to:
- visits on our Website at which time we may collect and process information about You, both Personally and Non-Personally Identifiable Information, as well other sorts of information (find out more in our Privacy Policy);
- Registration, login to and the use of the Affiliate Members Area;
- distribution of the Creative Material;
- distribution of newsletters and other types of messages;
- contact with our employees by e-mail, or other methods.
In order to provide full standards of safety and security we use SSL standard (Secured Socket Layer) and HTTPS protocol (Hyper-Text Transfer Protocol over Secured Socket Layer). This guarantees that Your actions on our Website and in the Affiliate Members Area are encrypted and protected from any interference or any intrusive activities caused by Trojan horses, spyware, or other applications whose purpose are phishing, damaging data, software or hardware in our and Your possession. However, even state-of-the-art applications and infrastructure cannot guarantee 100% security and safety to Internet Users, including us and You. We don’t guarantee that safety and security measures we take will ensure:
- full safety and security of Your information (Personally Identifiable or Non-Personally Identifiable Information);
- complete and unlimited working of our Website and the Affiliate Members Area;
- uninterrupted delivery of newsletters and other types of messages;
- undisturbed communication with us by e-mail or by other methods, all the time, and at any occasion You may need it.
CREATIVE MATERIAL
During our cooperation with Affiliates we provide them with promo tools development support. In order to achieve targets regarding traffic in the Landing Pages that are administered by You and to expand our cooperation with You, we will send You Creative Material that will help You create greater and better traffic; in fact, we will aim at making this traffic of greater volume and more accurate (traffic accepted by our rules described in the Affiliate Agreement). Creative Material may consist of: banners, Mobile applications, Iframe Forms for collecting lead data, Public Sites and Private Sites with different templates located on Your or our domains, access to API which enables You to send leads directly to our system, other graphic elements like logos, pictures, software applications, application updates and add-ons, video clips, texts, and more. We give You license to use this Creative Material according to our instructions that conform to the Affiliate Agreement. Therefore, the use of the Creative Material can only be within the scope of the Affiliate Agreement and Terms of Use. In no situation are You an owner of any Creative Material that is provided to You, so You are obliged to stop using it if we ask You to. You are not allowed to keep the Creative Material in any form, on any devices, websites, applications or other that enable storage of information, after we have asked You to refrain from using the Creative Material or/and we asked You to delete it. We hold sole and exclusive property rights to the Creative Material, so You are not allowed to sell, rent, lease it, or perform any action that may result in providing access to the Creative Material to third persons, regardless of whether or not You gain any profits from it. We reserve the right to seek compensation from You in case of any misconduct that will bring about a breach of this section of the Terms of Use and/or cause any losses to us.
One of our Creative Materials that we provide to our Affiliates is an application called PaydayMobileApp. All matters regarding its use and privacy are regulated by separate terms of use and privacy policy, which are available at: www.paydaymobileapp.com. When You are using PaydayMobileApp, we assume that You have fully read, understood and accepted the terms of use and privacy policy concerning PaydayMobileApp. It is Your obligation to get familiar with the terms of use and privacy policy available at: www.paydaymobileapp.com. If You fail to do so, You are not allowed to store Payday Mobile Application in the memory of Your mobile phone or other mobile device, nor are You allowed to use it. If You use Payday Mobile Application without reading and accepting the terms of use, You have to inform us about it without any further delay. Full information about Payday Mobile Application is available at: www.paydaymobileapp.com.
TRANSACTION TRACKING CODES
At any time when PaydayMansion.com sends You any of its resources (meaning: Creative Material, Software or other), it may involve transaction tracking codes, or codes of other sorts used for measuring traffic, lead quality or for other purposes. An Affiliate will not knowingly change, impair, delete, or interfere with any of those codes, regardless of whether it is a transaction tracking code, code of another sort, or another resource used by PaydayMansion.com used for the aforementioned purposes.
EXPORT CONTROL
As a registered company conducting business activities under the provisions of certain Cypriot laws, but acting on the US market, we respect the American regulations regarding embargo of goods to selected countries (Iran, Iraq, Libya, North Korea, and others) and all our activities are not to breach the provisions stated in these regulations at any time and place. It is Your obligation to follow all the provisions of state and federal laws concerning transfer of goods, services or capital assets. We do not take responsibility if You break any US laws concerning embargoes.
CONTACT DUE TO TECHNICAL PROBLEMS
If You encounter any technical problems when using our Website, the Affiliate Members Area or any other elements of this Website, please contact us immediately through the contact form available on our Website (full URL: https://paydaymansion.com/contact).
RELEASE OF NEWSLETTERS AND OTHER TYPES OF MESSAGES
We deem that, after Your acceptance of these Terms of Use, You allow us to send You newsletters and other types of information (important notifications, warnings etc.). These newsletters may contain information about our activities, new products, services and solutions. Also, they may contain guidelines and suggestions concerning certain actions. We have the full right to decide how frequently we send You messages mentioned in this section of the Terms of Use. Newsletters and other types of messages may be sent to Your account accessible through the Affiliate Members Area, to Your e-mail address, or Your mobile device. Your consent to our sending You newsletters and other types of messages is full and unconditional during the whole period of Your cooperation with us. It is Your responsibility to get familiar with the contents of these newsletters and other types of messages we may send You.
After a successful completion of the Registration, You will be entitled to set Your account options so that You can disable delivery of some newsletters or other messages addressed to You. It may, however, not apply to all types of messages we send to Affiliates. We may deactivate Your personal settings if we find it necessary to contact You immediately and if we consider it a matter of urgency.
CONTACT DETAILS
We accept the fact that You may have questions regarding these Terms of Use at any time of our cooperation with us as an Affiliate, or if You are not an Affiliate yet. In either case, please contact us. Our contact details are:
Company address:
PaydayMansion
1 Avlonos, 1075, Maria House
Nicosia, Cyprus
E-mail address: [email protected]