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Air-Boom.com
USER AGREEMENT
By registering an account with the "Air-Boom.com",
you agree to all terms and
conditions set forth in this user
agreement. Air-Boom.com may, at any
time, choose to edit, add and/or
delete portions of this agreement
and impose changes without prior
notification of its members. Users
will be informed of any and all
changes to this policy via an email
to their primary contact email
address provided upon signing up
with Air-Boom.com and/or notification
posted on the website. If any
modification is unacceptable to you,
your only recourse is to terminate
your Air-Boom.com account. Your
continued participation in
Air-Boom.com following our posting of
a change in policy notice or new
agreement on our site will
constitute your binding acceptance
to the change. You agree and
acknowledge that you will review
this policy on a regular basis and
you further agree that upon logging
in and viewing the site you are
deemed to have reviewed and accepted
the latest revisions/modifications
to this user agreement.
Eligibility:
You must be 18 years of age or older
to participate in Air-Boom.com.
Air-Boom.com is open to International
users and is void where prohibited
by local governing laws.
In an effort to ensure the integrity
of the Air-Boom.com program, the
persons in any of the following
categories are NOT eligible to
participate in the Air-Boom.com
program in the capacity of : (a)
persons who are employees of
Air-Boom.com; and (b) persons who are
immediate family (defined as mother,
father, sister, brother, daughter,
son or spouse) of any person in any
of the preceding categories,
regardless of where they live.
Nothing herein shall be construed to
prohibit a person’s right to
maintain a Air-Boom.com account for
purposes nor does this policy
restrict the promotion of a person’s
affiliate link.
Responsibility of users:
You agree to and must use your own
name and email address in the
sign-up process and may not assume a
false identity.
You will use your email address /
password combination to access your
account and it is your
responsibility to keep this
information confidential. You may
change this information by logging
into your account and following the
" Update Profile" link. You are
solely responsible for any and all
use of your Air-Boom.com account
including authorization by you to
any third party individual who may
use your account. Any unauthorized
access to your account should be
reported immediately.
Should Air-Boom.com detect any
instances of fraud, system abuse, or
any type of activity deemed to be
inappropriate or illegal in the sole
discretion of Air-Boom.com, these
actions may result in member
termination and possible legal
action as well as forfeiture of any
earned games point not yet disbursed
to you from Air-Boom.com
RELATIONSHIP OF THE PARTIES:
Nothing in this Agreement creates
any partnership, joint venture or
employment relationship between you
and Air-Boom.com. You understand that
you do not have authority to make or
accept any offers or make any
representations on behalf of
Air-Boom.com. You may not make any
statement, whether on your site or
otherwise, that would contradict
anything in this section. You are
solely responsible for the reporting
and payment of any taxes for money
earned from Air-Boom.com
LIMITATION
OF LIABILITY:
Air-Boom.com will not be liable for
lost profits, lost business
opportunities, or any other
indirect, special, punitive,
incidental or consequential damages
arising out of or related to this
Agreement or Air-Boom.com, even if
Air-Boom.com has been advised of the
possibility of such damages.
Furthermore, Air-Boom.com aggregate
liability arising under this
Agreement will not exceed the amount
of the total fees paid or payable to
you under this Agreement. The
provisions of this section survive
termination or expiration of the
Agreement. We make no express or
implied warranties or
representations with respect to the
member program or any services or
other through Air-Boom.com
(including, without limitation,
warranties of fitness,
merchantability, non-infringement,
or any implied warranties arising
out of a course of performance,
dealing, or trade usage). In
addition, we make no representation
that the operation of our site will
be uninterrupted or error-free, and
we will not be liable for the
consequences of any interruptions or
errors.
INDEMNIFICATION:
You hereby agree to indemnify,
defend and hold harmless Air-Boom.com,
its officers, directors, employees,
agents, members, successors and
assigns, from and against any and
all claims, losses, liabilities,
damages or expenses (including
attorney's fees and costs) of any
nature whatsoever incurred or
suffered by us (collectively the
"Losses").
REPRESENTATIONS AND WARRANTIES:
You hereby represent and warrant to
us that this user Agreement has been
duly and validly executed and
delivered by you and constitutes
your legal, valid and binding
obligation, enforceable against you
in accordance with its terms; and
that the execution, delivery and
performance by you of this user
Agreement are within your legal
capacity and power; have been duly
authorized by all requisite action
on your part; require the approval
or consent of no other persons; and
neither violate nor constitute a
default under the;
a. provision of any law, rule,
regulation, order, judgment or
decree to which you are subject or
which is binding upon you, or;
b. the terms of any other agreement,
document or instrument applicable to
you or binding upon you.
INFORMATION
RIGHTS:
Air-Boom.com may retain and use,
subject to the terms of the
Air-Boom.com Privacy Policy (all
information you provide, including
but not limited to site demographics
and contact and billing information.
You agree that Air-Boom.com may
transfer and disclose to third
parties personally identifiable
information about you for the
purpose of approving and enabling
your participation in the program,
including to third parties that
reside in jurisdictions with less
restrictive data laws than your own.
Air-Boom.com may also provide
information in response to valid
legal process, such as subpoenas,
search warrants and court orders, or
to establish or exercise its legal
rights or defend against legal
claims Air-Boom.com disclaims all
responsibility, and will not be
liable to you, however, for any
disclosure of that information by
any such third party. Air-Boom.com
may share
non-personally-identifiable
information about you, including
site URLs, site-specific statistics
and similar information collected by
Air-Boom.com, with advertisers,
business partners, sponsors, and
other third parties. In addition,
you grant Air-Boom.com the right to
access, index and cache the site(s),
or any portion thereof, including by
automated means.
PAYMENTS:
Members may earn profits by joining
and develops our marketing program
after they have registered into our
Air-Boom.com system. Members may also
have the opportunity to earn PV (
Point Value) by referring new
members to Air-Boom.com. Air-Boom.com
will announce start and end dates
for any affiliate promotions offered
either by email notification or
notification posted on the
Air-Boom.com website. Members can
earn a percentage from marketing
plan collected by Air-Boom.com.
Members will be paid all earnings PV
via e-Account or other methods
announced by Air-Boom.com.
Air-Boom.com will disburse pay to
members when their balance reaches
the minimum (100PV) payout rate set
by Air-Boom.com and agreed upon by
you. All eligible PVs disbursements
are made and transfer to e-Account
or credit into bank account on or
before the 16th and 30th of each
month. Air-Boom.com will not hold
money in any fiduciary capacity for
our members. Any payouts due to you
will not be deemed “owed” until you
reach the necessary payout levels.
Should your Air-Boom.com account
incur no activity for a period of
365 consecutive days your account
will be canceled and any earnings
accrued will be forfeited.
SPAM
POLICY:
You may not promote your referral
links through unsolicited emailing
(i.e. SPAMMING), newsgroup postings,
or any other method of mass
communication. Failure to comply
will result in immediate termination
of your membership with Air-Boom.com,
and may result in legal prosecution.
Air-Boom.com strictly enforces
anti-Spamming laws. Spamming is a
federal crime. Any member caught
Spamming will not only have their
account terminated immediately and
lose any past, present and future
earnings, but shall also be held
liable for spamming as we shall
cooperate with any authorities and
investigations that may arise from
the spamming incident. Air-Boom.com
may fine your account up to 10PV per
spam email reported from you email
address.
MISCELLANEOUS:
This Agreement will be governed by
the laws of the Hong Kong, without
reference to rules governing choice
of laws. Any action relating to this
user Agreement or any products or
services of Air-Boom.com must be
brought in the court in Hong Kong
and you irrevocably consent to the
jurisdiction of such courts. You may
not assign this user Agreement, by
operation of law or otherwise,
without our prior written consent.
Subject to that restriction, this
user Agreement will be binding on,
inure to the benefit of, and
enforceable against the parties and
their respective successors and
assigns. 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 user
Agreement.
THIS IS A LEGAL AGREEMENT BETWEEN
YOU AND Air-Boom.com AND BY CLICKING
ON THE REGISTRATION BUTTON (IF YOU
ARE ACTING ON BEHALF OF YOURSELF AS
AN INDIVIDUAL) OR YOUR COMPANY (IF
YOU ARE ACTING ON BEHALF OF YOUR
COMPANY) (THE "MEMBER") AGREE (S) TO
BE BOUND BY THE TERMS AND CONDITIONS
OF THIS MEMBER AGREEMENT. PLEASE
READ THIS ENTIRE USER AGREEMENT
CAREFULLY BEFORE ACCEPTING ITS
TERMS.
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