THIS AGREEMENT IS A LEGALLY BINDING CONTRACT AND YOU HAVE A DUTY TO READ THIS AGREEMENT BEFORE USING THE WEBSITE. THROUGH YOUR USE OF THE WEBSITE YOU MANIFEST YOUR ASSENT TO THE TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE WEBSITE.
OTPC RESERVES THE RIGHT TO SUSPEND, REPLACE, MODIFY, AMEND, OR TERMINATE THIS AGREEMENT AT ANY TIME AND WITHIN ITS SOLE AND ABSOLUTE DISCRETION. IN THE EVENT OTPC REPLACES, MODIFIES, OR AMENDS THIS AGREEMENT, YOUR CONTINUED USE OF THE WEBSITE AFTER A CHANGE IN THE EFFECTIVE DATE ABOVE WILL CONSTITUTE YOUR MANIFESTATION OF ASSENT TO AND AGREEMENT WITH ANY REPLACEMENT, MODIFICATION, OR AMENDMENT CONTAINED WITHIN THIS AGREEMENT.
By using the Website, you warrant that you are age eighteen (18) or above, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or third party, you warrant that you have actual authority to act as an agent of that business entity or third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity and bind that third party or business entity to the terms of this Agreement.
You warrant that your use of the Website does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals or business entities located in the jurisdiction in which you live. You further warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement.
2. Limited License
You acknowledge and agree that the Website is property of OTPC and is protected under United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You agree that your use of the Website is limited by the license granted under the terms of this Agreement. You expressly agree that you will not use the Website in any manner not expressly granted through this Agreement.
OTPC provides you with a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the Website for its customary and intended purposes. Use of the Website for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in the immediate termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to OTPC.
You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website. Additionally, you are expressly prohibited from scraping, framing, hacking, reverse engineering, crawling, or aggregating the Website, whether in whole or in part, without the prior written consent of OTPC.
3. User Generated Content
OTPC may provide you with the ability to upload or transmit user-generated content to or through the Website (“User Generated Content”). Except as expressly stated in this Agreement, you own all rights in and to your User Generated Content.
When you submit User Generated Content to the Website, you grant OTPC a non-exclusive, irrevocable, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Website. These purposes may include providing you or third parties with access to and use of the Website, backing up or archiving the Website, and selling or transferring the Website to a third party. In submitting User Generated Content to the Website, you agree to waive all moral rights in or to your User Generated Content across the world, whether you have or have not asserted moral rights. You also agree to waive all rights of publicity or privacy in or to your User Generated Content.
You warrant that you have adequate right, title, and interest in and to all User Generated Content that you submit to the Website. You warrant that your User Generated Content will not violate the terms of this Agreement, the rights of third parties (including intellectual property rights or other personal or proprietary rights), or any applicable rule, law, regulation, ordinance, treaty, or statute, whether local, state, provincial, regional, national, or international.
4. Member Accounts
OTPC may provide you with the ability to create a member account (“Member Account”), which may provide you with the ability to access and use additional Website functions, such as making purchases, viewing paid-to-click links, and referring other persons to the Website. In registering a Member Account, you warrant and represent that all information that you submit through your Member Account will be accurate, complete, and current.
Each person shall be allowed to create, use, and maintain no more than one Member Account. Your Member Account may only be used by you. Ownership of and/or access to a Member Account cannot be rented, sold, or otherwise transferred to another person. You acknowledge and agree that you control access to your Member Account.
OTPC will not be held responsible or liable for any unauthorized access to your Member Account, and you are under a continuing duty to promptly provide OTPC with notice of any unauthorized or unusual access to your Member Account. You are advised to keep the username and password associated with your Member Account secure and secret. By creating a Member Account and providing your personal information to OTPC, you acknowledge and agree that OTPC may use your personal information to contact you.
OTPC reserves the right to suspend or terminate your Member Account at any time and in its sole and absolute discretion, including, but not limited to, for a violation of any term or condition of this Agreement.
OPTC provides two types of Member Accounts: Free Members, which can earn money by clicking and viewing advertisements known as PTC links, and Paid Members, which can receive traffic to their links. Both Free Members and Paid Members may be eligible to participate in OPTC’s referral program, which is described below.
When you register a Member Account, OPTC may allow you to participate in certain programs that allow you to receive payments from OPTC. In order to qualify for payments from OPTC, you must view at least ten (10) advertisements per day. OPTC reserves the right to modify the requirements to qualify for payments from OPTC at any time, without notice, and in its sole and absolute discretion. OPTC may allow Free Members to receive payments from OPTC for clicking and viewing advertisements. OPTC will determine the amount of any payments in its sole and absolute discretion. The amount of any payments for which the owner of a Member Account is eligible will be listed on the Website and may be replaced, modified, removed, or discontinued at any time and in OPTC’s sole and absolute discretion. You understand and agree that no payments will be made to you unless OPTC receives revenue.
OPTC may also allow both Free Members and Paid Members to receive payments for referring third parties to the Website (“Referral Program”). OPTC’s Referral Program may allow you to earn payments when third parties purchase advertising from the Website, click on links through the Website, or participate in the Website’s forced matrix. OPTC will list the terms of its Referral Program, including, but not limited to, eligibility for that program, the rules associated with that program, and the payments associated with that program on the Website, and OPTC may modify these terms at any time and in its sole and absolute discretion. OPTC reserves the right to discontinue its Referral Program at any time, without notice, and in its sole and absolute discretion.
You agree to pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website or your receipt of payments from the Website. All costs and fees are quoted and payable in United States Dollars, and you acknowledge and agree that OPTC is not responsible for any foreign transaction fees or other fees charged to you by your financial institution. You agree that you will not initiate any chargebacks to OPTC unless otherwise authorized by OPTC in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against OPTC.
In the event you dispute the amount or validity of any payments made under this Agreement, you must notify OPTC within ten (10) days of any such dispute. You understand that your failure to notify OPTC of any dispute within ten (10) days will constitute your express waiver of any claims related to the disputed payment.
6. Refund Policy:
All purchased items made from OTPC such as: Upgrade fees for memberships (if any), Add funds, Purchase of Business Listing (Adpacks) or other ad package(s), solo ads, surf free plans including all other plans are non-refundable (NO REFUND).
If you make a dispute, Charge back or reverse transactions on your purchases, your account will be suspended immediately. On closure of dispute, we will re-evaluate the situation and may either reinstate your account or terminate your account.
8. Acceptable Uses
You agree that you will not use the Website in violation of any term or condition of this Agreement, outside of its customary and intended purposes, to violate the rights of third parties, or to violate any applicable rule, law, regulation, ordinance, treaty, or statute, whether local, state, provincial, regional, national, or international. You are explicitly prohibited from:
a. Transmitting unsolicited commercial email messages to members or users of the Website;
b. Imposing a disproportionate load on the Website or its server infrastructure, whether through a denial of service attack or otherwise;
c. Attempting to interfere with the operation of the Website;
d. Circumventing the Website’s technological protection or security mechanisms;
e. Using a spider, scraper, or other automated technology to access the Website;
f. Attempting to improperly gain access to the personal or personally identifiable information of a user or member of the Website;
g. Harassing a user or member of the Website.
9. Ownership of Intellectual Property
You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on the Website by OTPC are common law or registered trademarks owned by or licensed to OTPC. You are expressly prohibited from using the trademarks of OTPC to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of OTPC in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are property of their respective owners.
10. Website as Service Provider
You understand and agree that OTPC provides the Website as a service and will not be held liable for and takes no responsibility for any transactions or interactions entered into by and between users of the Website. You understand and agree that OTPC is an interactive computer service as those terms are defined under Section 230 of the Communications Decency Act and that OTPC cannot be held liable for any commercial or personal torts in its role as a publisher of information provided by third parties.
Though OTPC may edit, remove, or control the content submitted to and displayed through the Website by third parties, it will not be held liable for that content. OTPC may contain links to third-party websites. The inclusion of such links does not imply approval or endorsement of the linked site by OTPC. If you decide to leave the site and access any third-party web site, you do so at your own risk.
11. Disclaimer of Warranties and Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT OTPC WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT OTPC’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1,000, WHICHEVER IS LESS.
You agree to indemnify, defend, and hold harmless OTPC, its officers, shareholders, members, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, claims, charges, or liabilities, including, but not limited to, costs and attorneys’ fees, arising out of or related to (i) your use of the Website; (ii) your violation of any term or condition of this Agreement; (iii) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (iv) violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international. Your obligation to defend OTPC will not provide you with the ability to control OTPC’s defense, and OTPC reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.
13. Choice of Laws
This Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to principles of conflict of laws. Jurisdiction, venue, and choice of law with respect to all matters between the parties relating to this Note will lie exclusively with the state and federal courts of Suffolk County, New York. The parties hereby consent to the exclusive personal and subject matter jurisdiction of the state and federal courts of Suffolk County, New York.
14. Force Majeure
OTPC will not be responsible for any delay or failure in the performance of the Website arising out of any cause beyond OTPC’s control, such as acts of God, war, riots, fire, terrorist attacks, power outages, severe weather, or other accidents.
The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Website, including, but not limited to, your duty to indemnify and defend OTPC.
In the event any term or condition of this Agreement is deemed invalid or unenforceable, the remaining terms and conditions of this Agreement will remain in full force and effect.
This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.