Terms and Conditions
of the AGLOCO Viewbar Service
This Viewbar Agreement sets forth the terms for your receipt of the Viewbar software and your participation in the Viewbar Service as a Member of AGLOCO. THIS AGREEMENT PERMITS AGLOCO TO COLLECT PERSONAL INFORMATION ABOUT YOU AND YOUR WEB SURFING ACTIVITIES. YOU MUST READ THIS AGREEMENT CAREFULLY before you install or operate the Viewbar. Your operation of the Viewbar and continued participation in AGLOCO’s program of benefits is conditioned on your acceptance of this Agreement.
Summary
AGLOCO is enabling its Members and businesses to interact in more sophisticated and effective ways while maintaining its members' privacy. To do so, AGLOCO is making available to consumers a royalty free license for its proprietary software application, the Viewbar™. AGLOCO wants to reward You for the time You spend actively surfing the Internet and viewing advertisements. All benefits that accrue to You are subject to specific terms and conditions which are detailed in this Agreement, in the Membership Agreement, and the Privacy Policy. In order to be a Member of AGLOCO and to accrue any benefits, you must agree to the Membership Agreement, the Privacy Policy, and this Viewbar Agreement. Due to the dynamic and evolutionary nature of the AGLOCO service and the Viewbar software, AGLOCO reserves the right to alter the terms and conditions of the Viewbar service, the Membership Agreement, and the Privacy Policy. In addition, specific features of AGLOCO Membership, such as the rates at which benefits accrue, the amounts thereof, and any restrictions that may surround them will change from time to time. Members will be provided with notice prior to such changes and You will be required to agree to those changes as a condition of ongoing Membership and receipt of future benefits. Further, because this Viewbar Agreement entitles AGLOCO to collect data about you and your activity on the Internet, you should carefully read and understand these terms and conditions, including the applicable Privacy Policy, before you install and operate the Viewbar software.
IMPORTANT NOTICE: These terms may vary from the terms in effect when you initially expressed interest in AGLOCO or the Viewbar Service. These terms supersede any prior advertisements, agreements or communications, including any previously dated Viewbar Agreement, between You and AGLOCO.
PLEASE READ THE ENTIRE VIEWBAR AGREEMENT SET OUT IN THE PAGES BELOW AND OUR PRIVACY POLICY BEFORE PROCEEDING. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS VIEWBAR AGREEMENT INCLUDING OUR PRIVACY-RELATED PRACTICES, AGLOCO IS UNWILLING TO LET YOU JOIN OR CONTINUE THE VIEWBAR SERVICE. AGLOCO AT ITS SOLE DISCRETION AND FOR ANY OR NO REASON MAY REFUSE TO ACCEPT APPLICATIONS FOR MEMBERSHIP AND REQUESTS TO USE THE VIEWBAR SERVICE. THIS VIEWBAR AGREEMENT IS AN AT-WILL AGREEMENT MEANING THAT EITHER PARTY MAY TERMINATE OR END THE RELATIONSHIP, INCLUDING ANY RIGHTS, DUTIES OR OBLIGATIONS AT ANY TIME AND FOR ANY REASON OR NO REASON UPON NOTICE AS SET FORTH HEREIN.
AGE RESTRICTIONS
If you are under 13 years old and live in the United States, under 20 years old and live in Japan, or under 18 years old and live in any country other than the United States or Japan, you need to obtain the consent of your parent(s) or guardian(s) before applying for the Viewbar Service and before joining AGLOCO. See our Parental Consent Form for instructions.
You ("You" or "Member") must download and install the Viewbar software in order to participate in the service which includes, among other things, delivering advertisements and electronic commerce opportunities to AGLOCO Members ("Viewbar Service"). In order to subscribe to the Viewbar Service and to receive a license to use the Viewbar software ("Viewbar software" or "Software"), You must read, understand and agree to the terms and conditions of this agreement ("Viewbar Agreement") by clicking "I Accept."
This Viewbar Agreement is between You and AGLOCO ("AGLOCO"). If You do not agree to all the terms and conditions of this Viewbar Agreement including our Privacy Policy and the Official Rules, if applicable to You, AGLOCO is unwilling to offer to You the Viewbar Service or a license to use the Viewbar software. You should click on the "I Decline" button if You wish to indicate that You do not accept or agree to the terms and conditions of this Viewbar Agreement and choose not to participate in the Viewbar Service.
Index to This Agreement:
A. Our Privacy-related Practices
B. Updates to This Agreement
C. Basic Requirements for Membership in the Viewbar Service
D. Your Relationship with AGLOCO
E. The Infomediary Relationship
F. Accrual of Benefits.
G. Payment Issues
H. Your Relationship with Advertisers
I. Software License
J. Disclaimer of Warranties
K. Limitation of Liability
L. Force Majeure
M. Cancellation and Termination of Membership
N. Governing Law and Other Terms
O. Contacting Us
A. Our Privacy-related Practices.
Our goal is to take advantage of Internet technology to enable businesses to interact with consumers in highly personalized ways without forfeiting the privacy of the consumer. As such, privacy is at the core of AGLOCO. Please refer to the Membership Agreement and Privacy Policy documents for complete information regarding our privacy-related practices, and your Membership and participation in the Viewbar Service is conditioned upon your agreement to these provisions. This section should be read in conjunction with our Privacy Policy in order to give you a full understanding of how the terms of this section are implemented in practice. We have made every reasonable attempt to insure that the terms of this Viewbar Agreement are accurately reflected in the explanations contained in the Privacy Policy. However, in the event of any conflict with the language of this section and the examples given in the Privacy Policy, the language of this section shall be controlling. Please provide us your feedback at privacy@AGLOCO.com.
Disclosures of Your Information. We do not give, sell, rent, share, or trade any identifiable personal information regarding our members to any third party, with the exception of third-party contractors or service providers, such as ad serving partners, check printers and fulfillment agencies, who work with AGLOCO to provide the Viewbar Service and who are contractually prohibited from other use of the information. In addition, We may disclose non-personally identifiable or identifying information about You to customers, partners, or other third parties in order to deliver targeted advertising or other services to You, and You authorize AGLOCO to use or disclose such information in accordance with the terms of this Agreement. We can -- and you authorize us to -- disclose your personal information to law enforcement officials when required to do so by law or when We believe in good faith that it is necessary for compliance with a legal obligation. As a matter of policy We intend to oppose non-governmental third party efforts to obtain by subpoena or other legal process any personal information about our members.
AGLOCO and Its Service Providers and Partners. All information collected as a result of your subscription to the Viewbar Service and participation in the AGLOCO community ("Membership") will be initially controlled by AGLOCO. You agree that AGLOCO may transfer or share your information within and among AGLOCO, its subsidiaries, and its authorized agents or service providers as part of your Membership and this Viewbar Agreement. AGLOCO will only transfer or share information for purposes identified in this Viewbar Agreement, the Membership Agreement, and/or the Privacy Policy, and at all times AGLOCO will follow its privacy-related practices to ensure the security and confidentiality of your personal information.
International Transfers. AGLOCO does and will operate data centers in different parts of the world, including the United States. Therefore, You agree that your information, including your Personal Data, will be transferred to AGLOCO facilities in the United States. However, AGLOCO may perform some of its data processing outside of the United States. To do this, You agree that AGLOCO may transfer your information, including but not limited to your Personal Data, for processing in other countries. The laws that protect information vary among the United States and other countries, particularly the member states of the European Union, where data protection laws may be more stringent. AGLOCO will protect your information wherever We process or store it by adhering to its privacy-related practices and by complying with applicable data protection laws. You hereby give your consent to such transfers of your information, including your Personal Data, as set forth in this Viewbar Agreement. AGLOCO has appointed representatives to address data protection issues for different countries. To contact the representatives appropriate for You, please email privacy@agloco.com.
Information We Collect as Part of the Viewbar Service.
In addition to the information we collect from you at the time of your Membership, which is discussed in detail in the Membership Agreement, We also collect information during the operation of the Viewbar Service. While You are using the Viewbar software, We automatically track certain information about your surfing behavior. This information includes, but is not limited to, the URL of the page you are visiting, what browser you are using, operational parameters of your computer, including software, hardware or other devices that affect or interfere with the proper or intended functioning of the Viewbar, and your IP address. All information gathered will be used only in accordance with terms of this Viewbar Agreement. PLEASE NOTE THAT THE SITES YOU CHOOSE TO VISIT MAY DISCLOSE INFORMATION ABOUT YOU. YOU HEREBY GIVE EXPLICIT CONSENT TO SUCH INFORMATION BEING USED IN ACCORDANCE WITH THIS VIEWBAR AGREEMENT. REMEMBER YOU CAN ALWAYS CLOSE THE VIEWBAR WINDOW AT ANY TIME YOU WISH AND PREVENT INFORMATION BEING GATHERED.
Information Required for Tax Purposes. If You earn enough funds from the Viewbar Service or otherwise accrue enough value such that We reasonably believe that a tax reporting obligation exists for us in your country and we believe that we are required to make such reporting, We may contact You to request additional information including, but not limited to, the Social Security number of our U.S. Members, or similar tax identifiers or identification card numbers for Members in other countries. This information will be used for legitimate purposes related to complying with applicable tax laws. If You are contacted and fail to provide the information that AGLOCO legitimately requires to comply with relevant law, You agree that AGLOCO may withhold any benefits or payments from You until We receive that information.
Information Required to Verify Your Identity. If We reasonably believe that an account is not legitimate because of non-compliance with the terms of this Viewbar Agreement or our Membership Agreement, including but not limited to, that You are a person and that You have a single account, or if We believe for any other reason, including but not limited to funds transfers or other distributions, that we need to further identify You, We may contact You to request additional information including, but not limited to, a valid credit card number with a recognized credit card company. This information will be used for legitimate purposes related to verifying your identity. If You are contacted and fail to provide the information that AGLOCO legitimately requires to verify your identity, You agree that AGLOCO may withhold any benefits to You and/or other payments from You until We receive that information. If We are unable to verify your identity to our satisfaction, or non-compliance with the terms of this Viewbar Agreement is verified, We may cancel any benefits or other payments due to You.
Information Obtained from Advertisers, Merchants or Other Third Parties. Information about You may be collected by advertisers, merchants or other third parties, including, but not limited to, instances where you click through advertisements or other links on our Web sites or on the Viewbar or take advantage of discounts and promotions directed to You by them. Although We may not have direct access to this information stream, some of these entities may provide us with information about the promotions, products or services that You obtained from them or other information that they have collected about You in providing such promotions, products or services. You agree and authorize these entities to share such information with AGLOCO. We will keep, protect and use such information within the terms of our Privacy Policy and this Viewbar Agreement.
Cookies. Part of the process We use to serve advertisements to the Viewbar window involves use of a "cookie." A cookie is a piece of text that is stored on your computer. It helps AGLOCO and our advertising services track the frequency and placement of advertisements. You are always free to decline our cookies, if your browser permits, or to configure your browser to indicate when a cookie is being sent. You can also delete cookie files from your computer at your discretion; however, You acknowledge and agree that your Viewbar window may not function properly and We may have difficulty rendering service to You. Please consult our Privacy Policy for further information about our use of cookies.
Ad-Serving. We contract with third party ad-serving companies to display advertisements in the Viewbar window. You agree that these companies may place cookies on your computer, and You acknowledge that We will use reasonable efforts to obtain from our ad-serving contractors contractual restrictions to use such cookies only for the purpose of fulfilling their ad-serving obligations to us.
Our Use of Your Information. In addition to uses of your information described above, AGLOCO may use your information in the following ways:
Registration Information. As part of your Membership, You agree that We may use your email address to verify your identity, to protect against misrepresentation of your identity and to contact You with updates about your account, new products and services, and company information. If You participate in the Viewbar Service, We may use the residence address information to mail your check to You and to verify your ******** for tax purposes. We use URL information We collect to help direct advertising to You that is more likely to be of interest to You. We use your IP address to help diagnose technical problems and to administer our Web site and the Viewbar Service. We may use your email address, mailing address, or telephone number to contact You regarding benefits, payments, administrative matters, or other products or services that We may conduct in the future.
Information Gathered Through the Viewbar Service. We will process the information We gather while You use the Viewbar to build a profile of your interests and activities so that We can send You advertisements, offers, benefits and content targeted at your specific interests, and to provide You with the full benefits of Membership. As We aggregate this type of information about all of our members, We offer aggregated, anonymous summaries to our advertisers and other third parties so that they can learn what products and services are most popular to consumers, but We do not disclose our members’ personally identifiable information to these third parties except in accordance with our Privacy Policy.
Correcting or Updating, Accessing and Objecting to Processing of Your Personal Data. You may update, correct, access, or object to the processing of your Personal Data in accordance with the following procedures. You are entitled to update and correct your Personal Data. To correct or update your Personal Data, please use the Account Update Form in the Account Center.
You are entitled to access your stored Personal Data. To request a copy of your stored Personal Data, please contact our support organization via help@agloco.com. Subject to any applicable law, You acknowledge and agree that We may require You to pay in advance the reasonable costs that We incur to provide such information and that We may implement reasonable procedural measures to confirm the identity of the member requesting access to Personal Data. You will be provided with information about such costs when You request your Personal Data, and You will be permitted to rescind your request prior to the time that We incur them. You may object at any time to our processing of your stored Personal Data, provided however, that You agree that We shall terminate your Membership and cancel your account upon such request. Upon cancellation of your account, any accrued benefits, monies, or other credits in your account will be deemed "unearned" and will be forfeited. To object to the processing of your Personal Data, please contact our support organization via help@agloco.com.
Retention of Your Information. You agree that AGLOCO may retain your Personal Data during such time as You are a member and for a period of time thereafter according to AGLOCO’s policies with respect to retention of Personal Data then in effect. You consent to AGLOCO’s destruction of your Personal Data at any time. Please consult our Privacy Policy for more information about our retention policies.
External Links. Our Web sites and the Viewbar window contain links to other companies and their Web sites. AGLOCO is not responsible for and makes no representations about the privacy practices of such companies or the content of their Web sites.
A Special Note About Children. AGLOCO wants to help parents and guardians protect the privacy of children and has taken steps to obtain parental or guardian permission before children may begin using the Viewbar Service and participating in any possible promotion that We may conduct in the future. For more information, please see our Parental Consent Form. AGLOCO does not consider its Web sites or the Viewbar Service to be directed at children but some children have signed up as Members. To remove your child from AGLOCO membership and the Viewbar Service, please contact us at help@AGLOCO.com.
B. Updates to The Viewbar Agreement. You agree that AGLOCO may revise these terms from time to time. We will notify You of such revisions and provide You with the opportunity to review such revisions and to either accept or decline to accept the updated Viewbar Agreement. If You decline to accept the updated Viewbar Agreement, We shall terminate your Membership and cancel your participation in the Viewbar Service effective on the date that You decline to accept the updated Viewbar Agreement or if We have a deadline to accept or decline and You choose neither We may also terminate your Membership. If You neither accept or decline to accept, your failure to respond and continued participation in the Viewbar Service will be considered as consent to, and acceptance of, the modified terms.
C. Basic Requirements for Membership. To obtain and maintain your Membership and participation in the Viewbar Service, You must continuously meet the following requirements and AGLOCO reserves the right to terminate your Membership if You fail to meet or comply with the requirements contained in the Membership Agreement in addition to the following conditions:
One Account Per Member. You must be a person (not a company or any other type of entity although your benefits may be assigned to an entity with a limit that any entity may only be assigned one Member’s benefits, unless otherwise provided for by AGLOCO’s rules or polices), You may only sign up once and You may maintain only one Membership ID.
One Viewbar Window Per Computer Screen. You may not have multiple Viewbar windows displayed on one screen simultaneously. A single computer may be used by multiple AGLOCO members in a single household, however, only one account may be signed into the AGLOCO Viewbar Service at any given moment. You are responsible for the security of your Viewbar installation. You understand and agree that your AGLOCO Membership can and will be terminated in the sole discretion of AGLOCO if it is discovered that you are in violation of this or other provisions of this Agreement.
Provide Accurate Information. You must provide AGLOCO with valid, complete, and accurate name and email and residence information and may not impersonate another person or misrepresent any information. You agree to promptly update all such information should it change, or provide additional information should it be required by AGLOCO for legitimate tax-related purposes or any other reason arising from applicable law.
Accounts Not Currently Transferable; Passwords. Your password and account are personal to You and are currently not transferable. You may not allow anyone else to use your password or account. You may not use any other person’s password or account to accrue monies, shares, or other benefits, and you may not receive monies, shares, or other benefits for actions undertaken through any other person’s account. You are responsible for keeping your password secret, and You are responsible for any activity engaged by any person using your password, membership ID, Viewbar, or account. AGLOCO is not liable for any loss or damage caused by any disclosure of your password or account. You may only create an account for yourself and may not establish an account on behalf of anyone else. AGLOCO reserves the right to establish a process for transferring accounts to other parties, but is under no obligation to do so and may modify any such process and/or terminate such a program at any point in its sole discretion.
Comply with Laws and AGLOCO Policies and Rules. You agree to comply with all of your local, state, province, country or regional legal restrictions that may be applicable to your Membership or participation in the Viewbar Service. Further, You agree to abide by all stated policies and rules of AGLOCO relating to your conduct as a Member, including but not limited to, our anti-spam policy, our trademark and license usage policy, our member referral policy, and any other applicable rules, laws, or regulations. You agree that AGLOCO may amend its policies from time to time.
Lapsing of Account. You understand and acknowledge that an active an engage membership base is a vital component of the value proposition upon which AGLOCO depends in order to deliver value to advertisers and in order to accrue benefits for You, the Member. Therefore, if You do not surf with the Viewbar window open and active ("Inactive Viewbar") within any continuous six (6) month period, any monies, shares, or other accrued benefits or credits will be deemed "unearned" and may, in the sole discretion of AGLOCO, be forfeited (or alternatively AGLOCO may charge an inactivity fee to your account which may reduce the total of any accumulated benefits in your account – but such reductions will not reduce the balance below zero).
D. Your Relationship to AGLOCO. Your relationship to AGLOCO is as a member of the AGLOCO community. No employee-employer relationship is created by your Membership and use of the Viewbar Service. You have no obligation to surf the Internet or to keep the Viewbar active when surfing the Internet and You do not have any obligation to refer new members to AGLOCO. AGLOCO HAS NO OBLIGATION TO OFFER THE VIEWBAR SERVICE OR OTHER PROMOTIONS TO YOU. EITHER PARTY MAY TERMINATE THE RELATIONSHIP FOR ANY REASON OR NO REASON AS SET FORTH HEREIN.
You agree that You shall be fully responsible for any filing with your governmental authorities and making all payments related to income or other taxes, including any social security contribution payments, that result from any income that You receive from AGLOCO pursuant to your Membership and this Viewbar Agreement. You also agree that AGLOCO may withhold tax from payments to You if required to do so to comply with applicable tax regulations of governmental agencies in your country.
E. The Infomediary Relationship. You must read this Viewbar Agreement carefully. You are in sole control of whether the Viewbar software is "Active" on your screen. You have no obligation to use the Viewbar software.
Information Gathered Through the Viewbar Service. We will process the information We gather while You use the Viewbar to build a profile of your interests and activities so that We can send You advertisements, offers, benefits and content targeted at your specific interests, and to provide You with the full benefits of Membership. As We aggregate this type of information about all of our members, We offer aggregated, anonymous summaries to our advertisers and other third parties so that they can learn what products and services are most popular to consumers, but We do not disclose our members’ personally identifiable information to these third parties.
F. Accrual of Benefits.
You will earn benefits for your usage of the Viewbar ("Active Surfing") in accordance with the terms of this Viewbar Agreement. You can also earn benefits for the "Active Surfing" of your Direct Referrals and Extended Referrals in accordance with the terms of this Viewbar Agreement. Subject to the limitations and conditions of this Viewbar Agreement, you will receive credits to your AGLOCO Member account for "Active Surfing" according to the following limitations:
a. Monthly Time Limit May Change. The amount of time that will be credited to your account is limited by hours per calendar month using Greenwich Mean Time ("Monthly Time Limit") and You agree that AGLOCO may change (decrease or increase) the Monthly Time Limit at any time for any country or countries effective as of the posting of the new limit on the page setting forth the Monthly Time Limits and the Hourly Rates (the "Global Payment Table") that can be found at on the AGLOCO Website. You are responsible for checking the Global Payment Table to obtain notice of any changes.
b. Hourly Rate May Change. The amount of any benefits that will be credited to your account for each hour of Active Surfing by You, or for the Active Surfing of your Direct Referrals or Extended Referrals (the "Hourly Rate(s)"), may vary. You agree that AGLOCO may change (decrease or increase) any Hourly Rate at any time for any country or countries effective as of the posting of such new Hourly Rate(s) on the Global Payment Table. AGLOCO will credit benefits to your account according to the then-current rates for Active Surfing, subject to the limits herein. AGLOCO may decide to post no rate and no distribution for any time period. If no rate is posted or the posted rate is suspended, AGLOCO reserves the right to make a distribution to You based on your hours and AGLOCO’s financial results for any time period. You are responsible for checking the Global Payment Table to obtain notice of any changes.
c. Active Surfing Only. Only time You spend "Actively Surfing," as reasonably determined by AGLOCO, will be credited to your account. "Active Surfing, Actively Surf or Actively Surfing" means that You are viewing your computer screen and browsing the Internet with the latest available version of authorized Viewbar software open and operating on your computer. Internet browsing shall mean using Viewbar compatible web browser software for scrolling web pages, following links to other web pages, or other similar mouse or cursor activity resulting from your personal interface with the content being displayed on your computer screen. Typing within a Web site page is currently not within the definition of Active Surfing, nor is time spent in chat rooms, discussion groups, interactive gaming sites, World Wide Web enabled email sites, or sites that do not obtain their content through the World Wide Web. Currently, your failure to engage in Active Surfing for two consecutive minutes or more will stop any crediting of your account until Active Surfing resumes. You agree that AGLOCO may amend this requirement, or the definition of Active Surfing at any time by providing You with notice on the Global Payment Table.
d. Incompatible Programs. The Viewbar software may be incompatible with other software programs, including but not limited to other advertising-display programs. If the Viewbar software detects an incompatible program running on your computer, the Viewbar window may close automatically. If this occurs, the crediting of your account will cease until You activate the Viewbar software again and the incompatible program is no longer running. AGLOCO is not liable for the effects of any such incompatibility.
e. No Tampering. You promise neither to simulate, fake, or falsify Active Surfing in order to earn benefits from AGLOCO, nor to interfere with the visual display of advertising or with the Viewbar window or with the Viewbar's tracking of your Active Surfing behavior, nor to assist others in doing any of the above; such simulating, faking, or falsifying of Active Surfing includes, but is not limited to, creation, distribution, possession, or use of software methods, hacks or other devices that simulate Active Surfing or other interference with the proper or intended functioning of the Viewbar or the Viewbar Service ("Tampering"). You agree that AGLOCO may, and You understand that AGLOCO will, void any benefits or other credits in your account, suspend or terminate your account, or take legal action against You, or any combination of the foregoing, if You engage in any such Tampering. You agree that AGLOCO may also publicly display your name and Member identification number and a description of your actions if You engage in such Tampering activity. You agree that by participating in the Viewbar service You are representing to AGLOCO that You have not engaged in any Tampering or other activities designed to thwart the purpose of this Viewbar Agreement, or assisting others in doing so.
f. No Trading or Arbitrage. Members may not buy, sell, exchange, or otherwise trade credits for accrued hours, or any other benefits. Engaging in prohibited trading activities or other prohibited behavior may result in termination of a Member’s account and forfeiture of all current and future accrued benefits.
g. Software and Updates. Instructions for downloading, installing and operating the Software program are included in the download file. You must upgrade to the new versions of the Viewbar software as they become available in order to maintain active status with the Viewbar Service, and be credited for Active Surfing. You agree that AGLOCO may refuse to credit your account if You use past versions of the Viewbar software. AGLOCO will attempt to provide reasonable notice prior to any automatic update of the Software; however, You agree that AGLOCO may automatically update the Software without notice to You.
h. Distribution or Conversion into Shares or Money
Money. As a user of the Viewbar service, You can accumulate hours in your account, up to the maximum monthly hours. You can also accumulate hours in your account for the usage of Viewbar by your direct referrals and extended referrals. These hours may, at some point in the future, become the source of cash distributions or the hours may become convertible into money. You may become eligible for conversion of your hours into money when your account reaches your country's minimum payout limit. The maximum monthly hours, minimum payout limits, rates of distributions and rates of exchange will be established by AGLOCO and will be decreased or increased from time to time at the sole discretion of AGLOCO as provided for in this Agreement. All money payments to Members are solely dependent upon revenues received by AGLOCO, therefore Members will only be able to receive money upon a determination by the AGLOCO Board of Directors that sufficient excess revenues exist and that such distribution to the Members is reasonable and prudent. You understand and agree that any distribution of money is subject to the existence of excess revenue and subject to the approval of the AGLOCO Board of Directors, which will be given at their sole discretion. At the time of any such decision, the AGLOCO Board of Directors shall set initial rates of exchange for hours into money, and such rates may change from time to time in the sole discretion of AGLOCO. You are responsible for checking the Global Payment Table to obtain notice of any changes.
Shares. As a user of the Viewbar service, You can accumulate hours in your account, up to the maximum monthly hours. You can also accumulate hours in your account for the usage of Viewbar by your direct referrals and extended referrals. These hours may, at some point in the future, become convertible into shares of stock in AGLOCO, subject establishment of a conversion program at the sloe discretion of the AGLOCO Board of Directors and subject to restrictions that may depend upon the laws of your country. You may become eligible for conversion of your hours into shares when your account reaches your country's minimum conversion limit. The maximum monthly hour, minimum payout limits, and rates of exchange will be established by AGLOCO and will be decreased or increased from time to time at the sole discretion of AGLOCO as provided for in this Agreement. AGLOCO is a private company that is not currently traded on any stock exchange. You understand and agree that any issuance of stock is subject to numerous circumstances beyond the control of AGLOCO, including but not limited to approval of such an offering by multiple regulatory authorities in one or more countries. All issuance of stock will also be at the sole discretion of the AGLOCO Board of Directors and no issuance is required. At the time of any such issuance, the AGLOCO Board of Directors shall set initial rates of exchange for hours into shares, and that any such rates may change from time to time in the sole discretion of AGLOCO. You are responsible for checking the Global Payment Table to obtain notice of any changes. No transfer of any shares issued is allowed without the express written consent of AGLOCO.
Country Specific Restrictions Currently AGLOCO is open for Membership to anyone worldwide. However, due to different regulatory requirements in each country, it may become necessary for AGLOCO to restrict certain countries from Viewbar downloads or Viewbar use. Due to the specific market conditions (e.g., too small of a population of active Internet users) or specific legal requirements (e.g., unfair or unduly burdensome regulatory requirements), Members located in some countries may not be eligible to receive shares. AGLOCO reserves the right to exchange hours for cash.
G. Payment Issues.
Monitoring Your Account Balance. You may view your account balance or other credits in your account and/or the amount of money and/or shares (if applicable), via the AGLOCO Web site. Account information may not updated in real-time as referrals are obtained although AGLOCO will use reasonable efforts to keep updates of this information on a timely basis. If You have a question about your account balance, please contact support@AGLOCO.com.
Corrections to Your Account Balance. You agree that all amounts credited to your account that are earned in violation, or after violation, of this Viewbar Agreement or are otherwise unlawfully obtained by You are null and void. AGLOCO will have no obligation to pay You for amounts credited to your account that are earned in violation, or after violation, of this Viewbar Agreement, including any accruals by your Direct Referrals or Extended Referrals. We may need to correct your account balance from time to time if We conclude that your account, any of your Direct Referrals accounts, or any of your Extended Referrals accounts have been improperly credited. For example, We may discover that one or more of your Direct Referrals or Extended Referrals has faked Active Surfing or otherwise engaged in Tampering such that any amounts credited to their accounts and to other Member accounts related to such fake Active Surfing or Tampering must be corrected. You agree that We may correct your account balance so that only Active Surfing by You, your Direct Referrals, and Extended Referrals results in You earning credits from AGLOCO.
Corrections to Your Direct and Extended Referrals Count. You also acknowledge that the number of your Direct Referrals and Extended Referrals may need to be corrected from time to time. For example, We may discover that one or more of your Direct Referrals or Extended Referrals is not a natural person as required by the terms of this Viewbar Agreement. You agree that We may correct your Direct Referrals and Extended Referrals count so that only legitimate and verifiable accounts are included in your Direct Referrals and Extended Referrals count.
Minimum Pay Amounts May Change. We may alter the Minimum Pay Amounts in your country from time to time. You agree that AGLOCO may change (increase or decrease) the Minimum Pay Amounts in any country or countries effective as of the posting of such new Minimum Pay Amounts on the Global Payment Table. You are responsible for checking the Global Payment Table to obtain notice of any changes.
Payment Delivery. In the future, AGLOCO may initiate or extend a particular method of payment to You (for example, credit to a credit card or debit card or by wire transfer) and You agree that AGLOCO may require that You accept payment by such method of payment in lieu of receipt of a check or your other method of payment (provided that You meet the requirements of such alternative method of payment) or charge You a fee for your chosen method of payment after that time.
H. Your Relationship with Advertisers. Your relationship with merchants, advertisers or other third party businesses displayed on or linked to any of our Web sites or the Viewbar, including payment for and delivery of related goods or services, entry into and operation of promotions, discounts or contests, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such merchant, advertiser or third party business. You understand and agree that AGLOCO does not endorse, recommend, authenticate or warrant any product, offer or service offered by any merchant or advertiser on any of our Web sites or on the Viewbar. You agree not to claim or assert that AGLOCO is liable to you or any third party for any loss or damage of any sort incurred as the result of any such dealings, or as the result of the content provided by such merchants, advertisers or third party businesses through any of our Web sites or the Viewbar Service.
I. Software License
Grant of License. Subject to the terms of this Viewbar Agreement, AGLOCO hereby grants and You accept a personal, non-exclusive, non-transferable, royalty-free terminable license, to install and use the Viewbar software on a single computer for the purposes set forth in this Viewbar Agreement, and only during the term of your participation in the Viewbar Service, and subject to the conditions and limitations of this Viewbar Agreement.
Backups. You may copy the Software only once and only for backup or archival purposes, provided that You reproduce all copyright and other proprietary notices that are on the original copy of the Software. The Software is licensed, not sold, to You for use only for the purposes of this Viewbar Agreement. AGLOCO reserves all rights not expressly granted to You. You may own the media, if any, on which the Software is recorded, but AGLOCO retains ownership of all copies of the Software itself and any intellectual property rights therein.
Restrictions. You may not use, copy, modify, or transfer the Software, or any copy thereof, in whole or in part, except as expressly provided for in this Viewbar Agreement or applicable law. You may not tamper with, reverse engineer, disassemble, or decompile the Software except to the extent such restrictions are overridden by other law. You may not rent, lease, loan, resell for profit, or distribute the Software, or any part hereof.
Support. AGLOCO will provide email support for your use of this Software. Support questions may be directed to vbsupport@AGLOCO.com. We will make reasonable efforts to provide you support in a timely fashion, however no guarantees are made regarding support services.
J. Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF ANY AGLOCO WEB SITE, THE VIEWBAR SERVICE, AND VIEWBAR SOFTWARE IS AT YOUR SOLE RISK. THE VIEWBAR SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, AGLOCO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. AGLOCO MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR WEB SITES, THE VIEWBAR SERVICE, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE FOREGOING.
K. Limitation of Liability. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER AGLOCO NOR ANY OF ITS MEMBERS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS VIEWBAR AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE VIEWBAR SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, RESULTING FROM ANY COSTS INCURRED BY A MEMBER IN ATTEMPTING TO OBTAIN REFERRALS, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH ANY AGLOCO WEB SITE OR THE VIEWBAR SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS PROHIBITED BY LAW IN YOUR COUNTRY OR JURISDICTION, IN NO EVENT WILL AGLOCO’S TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS VIEWBAR AGREEMENT EXCEED AN AMOUNT EQUAL TO: THE NUMBER OF HOURS THAT YOU PERSONALLY SPENT ACTIVELY SURFING DURING THE IMMEDIATELY PRECEDING TWO MONTHS, MULTIPLIED BY THE MAXIMUM HOURLY PAYOUT RATE PUBLISHED BY AGLOCO FOR THE VIEWBAR SERVICE DURING THAT SAME PERIOD.
L. Force Majeure. Neither party will be in default or otherwise liable for any delay or failure in its performance under this Viewbar Agreement where such delay or failure arises by reason of an Act of God, or any government or governmental body, acts of war, the elements, strikes or labor disputes, power or system failures, failure of the Internet, computer hacking, or other causes beyond the control of such party.
M. Cancellation and Termination of Membership.
Either Party May Cancel at Any Time. THIS VIEWBAR AGREEMENT IS AN AT-WILL AGREEMENT MEANING THAT EITHER PARTY MAY TERMINATE OR END THE RELATIONSHIP, INCLUDING ANY RIGHTS, DUTIES OR OBLIGATIONS AT ANY TIME AND FOR ANY REASON OR NO REASON UPON NOTICE AS SET FORTH HEREIN. You may terminate your Membership, your participation in the Viewbar Service and this Viewbar Agreement at any time without prior notice by ceasing to use and destroying your copy of the Viewbar software and notifying AGLOCO at help@AGLOCO. If You later wish to re-enroll, You will be assigned a new account number, You may have to wait for activation of the Viewbar Service along with other new members, and You will not receive any credit for referrals made using your previous account. You agree that AGLOCO may terminate this Viewbar Agreement upon reasonable notice for any reason or no reason.
Termination of Your Account For Cause. To the full extent allowed by applicable law, AGLOCO may suspend or terminate your Membership without prior notice for cause, particularly including, but not limited to: (a) any material violation of any provision of this Viewbar Agreement, including any misrepresentation of your name, residence address, email address or other required information; (b) Tampering, or otherwise aiding in or promoting circumvention of the Viewbar Service; (c) acting against the business interests or reputation of AGLOCO despite a written warning; (d) otherwise acting in violation of applicable law in any manner related to the terms and conditions of this Viewbar Agreement or AGLOCO, the AGLOCO Web sites, or the Viewbar Service, or any content provider to the Web site or Viewbar Service; (e) material breach of our spamming policy; or (f) any other reason which in the discretion of AGLOCO is contrary to the interests of the AGLOCO community.
Re-enrollment. If your account is terminated by AGLOCO for any reason, You may not re-enroll or join under a new account unless formally invited to do so by AGLOCO.
Account Credits. Upon termination of your account for any reason, including your decision to terminate this Viewbar Agreement for any reason, any account credits or other accrued benefits in your account will be deemed "unearned" and will be forfeited. You agree that all amounts credited to your account that are earned in violation, or after violation, of this Viewbar Agreement or are otherwise unlawfully obtained by You are null and void. Similarly, AGLOCO will have no obligation to pay You for amounts credited to your account that are earned in violation, or after violation, of this Viewbar Agreement by your Direct Referrals or Extended Referrals.
N. Governing Law and Other Terms. Any action related to this Viewbar Agreement will be governed by the laws of Hong Kong S.A.R. P.R.C., excluding (1) principles of conflicts of laws, and (2) the United Nations Convention on Contracts for the International Sale of Goods. ANY ACTION RELATING TO THIS VIEWBAR AGREEMENT SHALL BE BROUGHT IN THE COURTS OF HONG KONG S.A.R. P.R.C. AND YOU HEREBY SUBMIT TO THE JURISDICTION AND VENUE THEREOF. You agree to comply with the laws of your country as they may apply to your Membership and the use of this Viewbar Service and the compensation You may receive. If the laws of your country, state, or province of residence prohibit or limit your participation in this Viewbar Service, then You are responsible for complying with such laws and You agree to indemnify AGLOCO against any breach by You.
If any part of this Viewbar Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Viewbar Agreement is personal to You and You may not transfer, delegate, or assign this Viewbar Agreement, your Direct Referrals or Extended Referrals, your AGLOCO account or other benefits you receive as an AGLOCO Member to anyone, and any attempt to do so shall be null and void. AGLOCO may assign this Agreement at its sole discretion.
This Viewbar Agreement, in conjunction with the Membership Agreement and Privacy Policy, constitutes the entire agreement between You and AGLOCO in connection with the Viewbar Service and general membership in AGLOCO and supersedes all prior agreements between the parties regarding the subject matter contained herein.
O. Contacting Us. If You have questions about the Viewbar Service or the Viewbar Agreement, please contact help@AGLOCO.com.
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İŞTE BEKLENEN AN GELDİ. AGLOCO'ya START VERİLDİ
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