WEBMASTER TERMS AND CONDITIONS
Your application as a webmaster with NiceRatios.com ("the Company") is subject to the Terms and Conditions. NiceRatios.com is owned and operated by Foda Interactive Corp, Panama.
1. You must be over the age 18.
2. The Company has full discretion in accepting your application and any may deny your application for any reason. The Company will not accept application from areas where fraudulent action has been significant including but not limited to South America, Russia, Turkey, Iran, Iraq, Lebanon, Romania, Indonesia, Bulgaria, Belarus, UAE, Jordan, Israel, Ukraine, Philippines, Pakistan and Yugoslavia.
3. If you are assigned a password or username, you agree not to distribute or share your password or user's name with any other person or entity. Webmaster found violating this provision will have their password cancelled and all future re-billings forfeited.
4. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. THE COMPANY IS NOT RESPONSIBLE FOR THE COSTS TO REPLACE ANY LOST MATERIAL.
5. The Company does not represent or endorse the accuracy or reliability of any of the materials contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the website, nor the quality of any products, information or other materials displayed purchases, or obtained by you as a result of any advertisement or other information or offer on or in connection with the website (the "Products"). You hereby acknowledge that any reliance you place upon any Products shall be at your sole risk.
6. DISCLAIMER OF CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. LIMITATION OF COMPANY'S LIABILITY.
The aggregate liability of the Company to you for all claims arising from the website and/or the use of the Materials or Products shall not exceed $100.00.
The company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to and immediate termination of your privileges granted herein or deactivation of your account and/or any other services provided to you by the Company, upon any breach by you of these Terms and Conditions or if the Company is unable to verify or authenticate any material you transmit on your website.
9. YOUR INDEMNITY.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, customers and clients from and against any claims, actions or demand, including without limitation reasonable attorney and accounting fees, resulting from or arising out of any content or communications you post or transmit through your website, your use of the website, the Materials or the Products, or your violation of the terms of these Terms and Conditions. The Company shall provide notice to you promptly of any such claim, action or demand and may, at the Company's sole discretion, assist you, at your expense, in its defense or settlement. In no event shall you settle any such claim, action or demand without the prior written approval of the Company.
These Terms and Conditions are governed by law of the Republic Of Panama, without regard to its conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts within Republic Of Panama for any claims arising out of or relating to your use of the website, the Materials, the Products, and/or these Terms and Conditions. If any provision of theses Terms and Conditions is found to be invalid or unenforceable by any court having competent jurisdiction, then the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original, and the remainder of the agreement shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. These Terms and Conditions constitute the entire agreement between you and the Company with respect to the hosting of your website. No changes to these Terms and Conditions shall be made except by a revised positing on this page.
11. CHOICE OF LAW AND FORUM.
The parties expressly agree that the agreement shall be governed by and construed in accordance with the laws of the Republic Of Panama and further agree to submit to the jurisdiction of the courts of the Republic Of Panama for the purposes hereof.
12.1. Webmasters are responsible for all content located on their sites. All content must be legal. Child pornography sites, bestiality sites, rape sites, celebrity sites and any other similar sites will not be allowed.
12.2. All Webmasters are required to comply with 18 U.S.C. 2257. Webmaster must ensure that all models displayed on his site are 18 years of age or older.
12.3. The Company has a no spam policy. Unsolicited e-mails and spamming AOL chat rooms are examples of prohibited conduct which will lead deactivation. Webmaster must not cheat, defraud or mislead the public.
12.4. Webmasters acknowledge that violations of any of the rules stated herein with regard to content are grounds for immediate deactivation of the webmaster's account. In such event, all re-billings will be immediately forfeited.
12.5. Company is committed to complying with Argentine copyright law and expects all webmasters to do the same.
12.6. NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT. If you believe that a web page hosted by Company is violating your rights under Republic Of Panama Copyright Law, you may file a complaint of such claimed infringement with Company's designated agent in the manner described below.
By e-mail: affiliates at NiceRatios.com
13.1. Webmaster commission will be determined in accordance with the following schedule for each sign up or recurring membership
(a) 50% for any signup (50% from each credit card and phone sale)
(b) 50% of monthly revenue
(c) $30 per signup program ($30 per signup just on credit card sales, phone sales will continue paying 50%)
13.2. Webmasters are advised that all charge backs will be investigated. Company reserves the right to cancel any sale and the right to revise the site selections and/or commission at any time. Any webmaster that Company determines has participated in any illegal, unlawful, or fraudulent business practices will have their Webmaster privileges suspended, their website deactivated and all re-billings forfeited.
13.3. Company reserves the right to alter or amend the commission structure.
BY CHECKING THE "ACCEPTANCE" BOX AT THE END OF THIS PROGRAM, YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO ALL OF THE TERMS AND CONDITIONS STATED HEREIN AND YOU AGREE TO BE BOUND BY EACH.