Terms of Service - Click here for
Privacy Policy
WEB SITE TERMS OF USE
You must be 18 years of age or older to access this website.
That does not mean it is an "adult content" or pornographic
site. It just means that children are not welcome.
Wow! You actually came to this page. Our lawyers made us
include it and made us use a precious button on our home page to
get you here. At first, we thought the lawyers were a real pain.
But then we read the page. What a Netwakening! It's really
important stuff. We took the legalese the lawyers wrote and
translated it into readable English. So be a smart nethead and
read the stuff on this page. It could prevent you from hearing
from our lawyers, or worse yet, from really nasty people, like
prosecutors.
Here's the deal:
We run this site so that people like you (and people you like)
can use it for personal entertainment, information, education,
communication, and cybergratification. So go ahead and browse
around all you like. You can even download stuff from the site but
only for non-commercial, personal use. If you do, though, don't
fool around with the copyright and other notices all over the
stuff. They're there for a really good reason. And don't even
think about distributing, modifying, transmitting, reusing,
re-posting, or anything else uncool with any of the stuff,
including the text, images, audio, and video, for public or
commercial purposes unless we give you written permission. And
it's not likely we will.
If you visit our site, you're also legally obligated to [read:
stuck with] the terms and conditions listed below and any other
law or regulation that applies to the site, the Internet, the
World Wide Web, or Los Angeles, CA. You shouldn't access or browse
the site if you have any problem with that, because once you
start, there's no turning back -- you are bound by [read: stuck
with] the terms and conditions.
So here's the scoop on our Top Ten Rules for Cybersurfers who
hang out on our site:
1. For everyone's sake, just assume that everything on the
site is copyrighted unless we say it's not. So you can't use the
stuff except how we say you can on this page or anywhere else on
the site without our written permission. And like we said before,
it's not likely we'll give you permission anyway. In fact, even if
we wanted to, the lawyers are likely to veto any deal anyway. So
it's better you don't even ask.
2. While we try to include accurate stuff on the site,
we're not promising you it's accurate. In fact, we're not
promising you anything except fun and entertainment. So if you use
stuff on the site, you're using it at your own risk. Don't call us
if there's a problem because we assume no liability or
responsibility for errors or omissions on the site.
3. We and anybody else who helped us create, produce, or
deliver the site are not liable for any damages you suffer when
you use it. In particular, the lawyers want you to know that our
disclaimer includes "direct, incidental, consequential, indirect,
or punitive damages arising out of your access to, or use of, the
site. Without limiting the foregoing, everything on the site is
provided to you 'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON INFRINGEMENT.
Please note that some jurisdictions may not allow the exclusion
of implied warranties, so some of the above exclusions may not
apply to you. Check your local laws for any restrictions or
limitations regarding the exclusion of implied warranties. " Ugh!
What a mouthful from the mouthpieces. We put all of that in quotes
because we couldn't figure out any other way to say it that the
lawyers would accept. But here's the bottom line -- we're not
responsible if you're browsing around and the site damages you or
your computer or infects it with any nasty viruses. We sure hope
that doesn't happen, but if it does, don't call us.
4. If you don't want the world to know something, don't
post in on the site in any bulletin board or anyplace else. That's
because anything you disclose to us is ours. That's right -- ours.
So we can do anything we want with the stuff you post. We can
reproduce it, disclose it, transmit it, publish it, broadcast it,
and post it someplace else. We can even send it to your mother (as
soon as we find her address). Not only that, we can even use any
ideas, concepts, know-how, or techniques you post any way we want
to, including, developing, manufacturing and marketing products or
other stuff using the information you post.
5. Pictures of people or places shown on the site are
either our property or someone else's property we're using with
their permission. No matter what, it's definitely not your
property. You or any of your net-friends can't use it unless we
said you could on this page or somewhere else on the site. And
guess what -- we won't say yes. So be careful, Bunky, because
unauthorized use may violate all sorts of nasty laws. Be smart,
keep the stuff you download to yourself.
6. There's also a lot of trademarks, logos, and service
marks on the site that either we own or we're using with someone
else's permission. So don't think you have any kind of license or
right to use them, because you don't and we're not about to give
you one. If you don't leave them alone and mess with our
trademarks, logos and service marks on our site, we'll probably go
ballistic, so will the companies that own the other trademarks,
logos and service marks. That means that we're likely to sue you
or to ask a prosecutor to come after you for messing around with
our property or the property of others.
7. You'll probably notice we've linked our site to lots of
others. While that's cool, it doesn't mean we've looked at all
those sites, much less checked them out periodically to see what's
going on. So don't blame us if some site you link to is bad or has
stuff on it that offends you or your pets. Go ahead and link, but
remember, you're doing it at your risk.
8. That brings us to what you do on our own site. While we
occasionally listen in on chat groups, or look at the posting in
our discussion groups or on our bulletin boards, we take no
responsibility and assume no liability for the content of those
locations or for any mistakes, defamation, libel, slander,
omissions, falsehoods, obscenity, pornography, or profanity you
might encounter when you visit such places on our site. And don't
be stupid by posting or transmitting any unlawful, threatening,
libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, nasty, mean, or profane material or any material
that law enforcement types may consider a criminal offense, get
someone in court on a civil lawsuit, or for that matter violate
any law -- anywhere, anytime. While we certainly respect your
privacy, we have no choice but to fully cooperate with any law
enforcement authorities or court which might ask us who might have
posted nasty stuff on our site.
9. Software that we use on this Site is protected by all
sorts of patriotic U.S. laws. Because of that, you can't download
or send the software to anyone in the vacation travel spots of
Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country
where United States has embargoed goods; or (get this) to anyone
on the United States Treasury Department's list of Specially
Designated Nationals, the U.S. Commerce Department's Table of Deny
Orders, or the FBI's Most Wanted Internet Creeps List (just
kidding on the last one). As if that were not tough enough, if you
live in or are a national of any of those lovely places, you're
not even supposed to be reading this page, so beat it!
10. We're also allowed to change this page and anything
else on the site any time we want to. That's because it's ours and
we have the programmers who can do it. If we do change the page,
then you're bound by [read: stuck with] those changes, too,
whenever you visit our site.
11. If either of us wants to make something of it and
wants to “sue” (a dirty word) then we have to follow these rules
of engagement. (sort of according to the Geneva Convention):
This Agreement is governed by the laws of the State of New
Hampshire, without regard to principles of conflict of laws.
To the extent you have in any manner violated or threatened to
violate CBmall and/or its affiliates' intellectual property
rights, CBmall and/or its affiliates may seek injunctive or other
appropriate relief in any state or federal court in the State of
New Hampshire, and you consent to exclusive jurisdiction and venue
in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try
to resolve it with the help of a mutually agreed-upon mediator in
the following location: Manchester, NH. Any costs and fees other
than attorney fees associated with the mediation will be shared
equally by each of us.
If it proves impossible to arrive at a mutually satisfactory
solution through mediation, we agree to submit the dispute to
binding arbitration at the following location: Manchester, NH,
under the rules of the American Arbitration Association. Judgment
upon the award rendered by the arbitration may be entered in any
court with jurisdiction to do so.
If this all sounds kind of mean and undiplomatic, you should
have seen what the lawyers gave to us in the first place. We had
to remind them that human torture and sacrifice was outlawed in
the United States. Boy, did they look disappointed.
OUR PRIVACY POLICY
CBmall respects your privacy.
Please be aware that we appreciate the trust
you place in us by providing information on
this web site, and our commitment to you is
to use this information with both care and
sensitivity. The information we collect from
visitors to our web site helps us
continually improve the products we offer to
our valued customers. Types of information
collected are outlined as follows:
- Any information you
voluntarily enter on our web site, which
may include your name, mailing and
e-mail addresses, telephone numbers and
other personal information, is
maintained and may be utilized by CBmall to help us improve our web
site and to identify, improve and
promote products and services in which
you may have an interest. This
information may be shared with 3rd
parties which I personally approve of for the above purposes.
- In addition, we use
“cookies” (as do the vast majority of
other companies that do business on the
World Wide Web) when you visit our site,
which are alphanumeric identifiers that
we transfer to your computer’s hard
drive through your web browser.
Information we collect and analyze via
cookies includes the Internet Protocol
(IP) address used to connect your
computer to the Internet, computer and
connection information such as browser
type and version, operating system and
platform, date and time of your visit,
and cookie number. If you do not wish to
have cookies placed on your computer,
please review the options listed in the
Help portion of the toolbar on your
computer. The toolbar on most browsers
will tell you how to prevent your
browser from accepting new cookies, how
to have the browser notify you when you
receive a new cookie, or how to disable
cookies altogether.
CBmall
periodically sends e-mail offers, or
authorizes others to send e-mail offers, to
its web site visitors on behalf of other
vendors and advertisers with whom we have a
business association or relationship. By
providing information on this web site, you
are agreeing to receive these periodic
e-mail offers, which CBmall
believes may be of interest to you as a
consumer. If you do not wish to receive
e-mail offers from us, please be sure to
scroll down to the bottom of the first
e-mail you receive and click on the opt-out
link provided, which will remove your e-mail
address from our database. You will then
receive no further e-mail communications
from us. If you do not scroll down to the
bottom of the first e-mail you receive (or
any e-mails thereafter), you will continue
to receive e-mail offers from CBmall until you choose to click on the
opt-out link that will be provided in each
e-mail you receive from us.
We will release account
and other personal information when such
release is necessary to comply with any
state, federal or international laws, or
when, in our judgment, we determine it to be
necessary to protect the rights, property or
safety of CBmall or our valued
customers. This includes exchanging
information with other companies and
organizations for fraud protection.
Please note that CBmall’s web site uses secure payment
processing software that encrypts all
financial information you input when you
place an order. Any and all financial
transactions you make through CBmall’s payment systems will be protected
while you are doing business on our web
site.If you have any concern about privacy
at CBmall’s web site, please send
us an e-mail at , and we will make
every effort to address your inquiry in a
timely manner.
CBmall
reserves the right to add to, delete from or
in any other way modify any or all of this
Privacy Policy without prior notification.
Changes to this Privacy Policy shall be
noticed by posting a revised Privacy Policy
and its effective date on our web site
Children’s Privacy
You must be 18 years old to visit this site. This site is not
intended for minors and is not subject to the Children's Online
Privacy Act (COPA).
We do not knowingly collect personal information from children
under the age of 18. If we learn that we have personal information on
a child under the age of 18, we will delete that information from our
systems. CBmall encourages parents to go online with their kids. Here
are a few tips to help make a child's online experience safer:
Teach kids never to give personal information, unless
supervised by a parent or responsible adult. Includes name,
address, phone, school, etc.
Know the sites your kids are visiting and which sites are
appropriate.
Look for Web site privacy policies. Know how your child's
information is treated.
Check out the FTC's site
for more tips on protecting children's privacy online.
Contacting Us.
We can be reached by contacting:
Email:
Online
Commerce
CBmall may allow you to purchase many
different types of products and services online that are provided
by third parties. CBmall is not responsible for the
quality, accuracy, timeliness, reliability or any other aspect of
these products and services. If you make a purchase from a merchant
hosted by CBmall or linked to by CBmall,
the information obtained during your visit to that merchant's online
store, and the information that you give, such as your credit card
number and contact information, is collected by the merchant and
not by CBmall. These merchants may have separate
privacy and data collection practices. CBmall has
no responsibility or liability for these independent policies. For
more information regarding the merchant, its online store, and its
privacy policies, return to that store's home page and click on
its information links or contact the merchant website directly.
You release CBmall and its affiliates from any damages
that you incur, and agree not to assert any claims against them,
arising from your purchase or use of any products or services made
available by third parties through CBmall.
Limitation
of Liability
Under no circumstances, including, but not limited to, negligence,
shall CBmall, its subsidiary and parent companies or affiliates be
liable for any direct, indirect, incidental, special or
consequential damages that result from the use of, or the inability
to use, CBmall materials, products or services, or third party
materials, products or services made available through CBmall. You
specifically acknowledge and agree that CBmall is not liable for any
defamatory, offensive or illegal conduct of any user. If you are
dissatisfied with any CBmall materials, products or services or with
any of CBmall's terms and conditions, your sole and exclusive remedy
is to discontinue using CBmall. You may request a refund in full
within 60 days of the beginning of your service.
Store Owner Terms of Service
AFFILIATE AGREEMENT
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT
AND IT'S POTENTIAL. EVEN THOUGH THIS INDUSTRY IS ONE OF THE FEW
WHERE ONE CAN WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, THERE IS
NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND
IDEAS IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE
INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING
POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCT,
IDEAS AND TECHNIQUES. WE DO NOT PURPORT THIS AS A “GET RICH
SCHEME.”
ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS
CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE
RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO
THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE
AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO
INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR
ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.
MATERIALS IN OUR PRODUCT AND OUR WEBSITE MAY CONTAIN INFORMATION
THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE
MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995.
FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF
FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT
THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE
WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,”
“INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR
MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR
FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES
MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL.
MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND
NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS
OR ANYBODY ELSE'S, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL
ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
This agreement describes the entire terms and conditions for
participation in the CBmall Affiliate Program and pertains to the
reselling of CBmall Storefronts.
In this agreement, the term "Affiliate" refers to you (the
applicant). Wherever the agreement refers to "you" or "your", it
means "the Affiliate"; "we" or "our" refers to CBmall
Affiliate Site
CBmall will create a unique URL for you when you submit a complete
the Registration Form.
Commissions
You will receive 50% of the CBmall Storefront revenue as a commission from orders
placed through your Affiliate Site for CBmall Storefronts (unless
noted otherwise for a particular product) less the charges outlined
by ClickBank in their agreement
http://www.clickbank.com/paychecks.html . For a sale
to generate a commission to an Affiliate, the customer must complete
the order form and remit full payment for the product ordered.
Commissions will only be paid on sales that are made through
qualified Affiliate links. NOTE: If you sell a ClickBank product that
isn't owned by us, you receive all the commission that vendor pays.
We do not get in the middle. We only take a 50% commission for our
own products that are in ClickBank - like CBmall is. So, to be
clear, you sell a golf book - you get 100% of whatever commission
the golf book author pays. You sell a CBmall upgrade, you earn 50%
and we get the other 50% (minus ClickBank fees of course).
Payment
ClickBank will send a check for the applicable commissions within
the framework of their policies
http://www.clickbank.com/paychecks.html . If any order
that generated a referral fee is returned by the customer, or if
there are any returned checks or charge backs, the amount will be
deducted by ClickBank from the next payment due affiliate.
Customers
Customers who purchase products and services through the Affiliate
Program will be deemed to be customers of CBmall. Accordingly, all
rules, policies, and operating procedures concerning customer orders
and service will apply to those customers. We may change our policies
and operating procedures at any time. Prices and availability of our
products and services may vary from time to time. CBmall policies
will always determine the price paid by the customer.
Qualifying Sites
CBmall reserves the right not to accept any site into the
Affiliate Program based on site content. Sites that Do Not Qualify
for the Affiliate Program include sites which:
· Promote sexually explicit materials
· Promote violence
· Promote discrimination based on race, sex, religion,
nationality, disability, sexual orientation, or age
· Promote illegal activities
· Violate intellectual property rights
Unsolicited Commercial Email or SPAM
CBmall in no way participates in mass unsolicited emailing (i.e.
spamming), and all Affiliates are expected to adhere to this policy
as well. Violation of this policy will result in the termination of
this contract and immediate dismissal from the CBmall Affiliate
Program, with no refund.
Bottom line: If you spam you’re out!
Relationship of Parties
You and we are independent contractors, and nothing in this
Agreement will create any partnership, joint venture, agency,
franchise, sales representative, or employment relationship between
the parties. You will have no authority to make or accept any offers
or representations on our behalf. You will not make any statement,
whether on your site or otherwise, that reasonably would contradict
this statement.
Term and Termination
The term of this Agreement will begin when you accept and will end
when terminated by either party. Either CBmall or you may terminate
this Agreement at any time, with or without cause, by giving the
other party written notice of termination. Upon the termination of
this Agreement for any reason, all licenses granted hereunder shall
immediately terminate and you will immediately cease use of, and
remove from Affiliate's Web Site, all links to the CBmall Site, and
all CBmall trademarks and logos, other CBmall Marks and all other
materials provided in connection with this Agreement.
We may reject your application or terminate you if we determine
(in our sole discretion) that your site is unsuitable for the Program
for any reason, including, harmful, threatening, defamatory, obscene,
sexually explicit harassing, or racially, ethically, or otherwise
objectionable, such as sites that:
· Promote sexually explicit materials;
· Promote violence;
· Promote discrimination based on sex, religion, nationality,
disability, sexual orientation, or age;
· Promote illegal activities; or
· Infringe or otherwise violate any copyright, trademark, or other
intellectual property rights.
Assignment
You may not assign this Agreement, by operation of law or
otherwise, without our prior written consent. Subject to that
restriction, this Agreement will be binding on, inure to the benefit
of, and enforceable against the parties and their respective
successors and assigns.
Miscellaneous
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
Agreement.
If any of the provisions of this Agreement are determined by a
court to be unenforceable, they shall be severed from this Agreement,
and the remaining provisions shall remain in full force and effect.
By signing up with ClickBank, you acknowledge that you have read
this agreement and agree to all its terms and conditions. You have
independently evaluated this program and are not relying on any
representation, guarantee or statement other than as set forth in
this agreement.
(1)
CBmall has a strict policy against spam. Under no circumstances may
the mall be promoted by unsolicited email. Any store owner who spams
will be immediately terminated with no refund. We are VERY serious
about this. If you suspect SPAM has been used,
click
here.
(2) Information and services provided at internet domain cbmall.com
are provided "AS IS" without warranty of any kind, either express or
implied, including but not limited to, implied warranties of
merchantability, fitness for a particular purpose, or
non-infringement.
(4) You agree that we make no claims regarding the amount of revenue
a storefront will make. Any information listed on the site is
classified as advertorial material.
(5) You agree that you do not have access to the raw html, asp, vb,
javascript or other code within the site. Your storefront is fully
managed by a CBmall.com system administrator and you do not have
access to make changes or modify your storefront in any way.
(6) The company is not responsible in connection with any failure or
deficiency of Web Site Availability caused by or associated with:
(A) circumstances beyond CBmall.com's reasonable control, including,
without limitation, acts of any governmental body, war,
insurrection, sabotage, armed conflict, embargo, fire, flood, strike
or other labor disturbance, interruption of or delay in
transportation, unavailability of or interruption or delay in
telecommunications or third party services, virus attacks or
hackers, failure of third party software (including, without
limitation, ecommerce software, payment gateways, chat, statistics
or free scripts) or inability to obtain raw materials, supplies, or
power used in or equipment needed for provision of this SLA;
(B) failure of access circuits to the CBmall.com Website;
(C) scheduled maintenance and emergency maintenance and upgrades;
(D) DNS issues outside the direct control of CBmall.com;
(E) issues with FTP, POP, IMAP, or SMTP customer access;
(F) customer's acts or omissions (or acts or omissions of others
engaged or authorized by customer), including, without limitation,
custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any
negligence, or willful misconduct.
Advertising
CBmall reserves the right to place advertisements and promotions in
banners, popups, emails and other methods that may not be ClickBank
products and may not generate commissions for CBmall owners.
Registration
To use certain features of the Service, you must register with
CBmall on the form provided. You agree (a) to provide true,
accurate, current and complete information about yourself as
prompted by the Service's registration form, and (b) to maintain and
promptly update the information you provide to keep it true,
accurate, current and complete. If CBmall has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or
incomplete, we have the right to suspend or terminate your account
and refuse any and all current or future use of the Service (or any
portion thereof). Our use of any personally identifying information
you provide to us as part of the registration process is governed by
the terms of our Privacy Policy.
