Site - Terms And Conditions

prizeDB.com Terms and Conditions

1. LEGAL AGREEMENT

YOU ARE ENTERING INTO A LEGAL AGREEMENT AND AS SUCH YOU MUST READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, OR OUR PRIVACY POLICY, THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS SITE FOR ANY PURPOSE AND DO NOT PROVIDE ANY INFORMATION OR USE ANY OF THE SERVICES OF OUR SITE OR PRODUCTS OFFERED.

2. USER AGREEMENT

By using this Site, you agree to be bound by, and to comply with, the Membership Terms and Conditions, the posted privacy policy as well as any guidelines or rules posted on the site. As such, the privacy policy, guidelines and rules are hereby incorporated by reference into these Terms and Conditions as though fully set forth herein. If, at any time, you do not wish to be bound by these conditions or you are unsatisfied with the site, its content or other legal notices, you agree that your sole and exclusive remedy is to discontinue using this Site.

3. CHANGES TO TERMS AND CONDITIONS AND POLICIES

We reserve the right, at our sole discretion, to change, modify or otherwise alter the Terms and Conditions, privacy policy, rules and guidelines which appear on this site at any time for any reason which change, modification or alteration is effective upon posting on the site without further notice to you. It is your responsibility to review the Terms and Conditions, privacy policy, rules and guidelines for changes periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revisions and the reasonableness of notice of changes.

4. ELIGIBILITY & RULES OF MEMBERSHIP

4.1. To be eligible to become a Member of this site, you must: (i) be at least 18 years of age and reside in the United States; (ii) have an active email address; (iii) be the only account in your household; (iv) provide only true, accurate, current and complete information; (v) maintain and promptly update the information that you provide to keep it true, accurate, current and complete; and (vi) use the membership solely for your own enjoyment and not on behalf of or for the benefit of any third parties. FAILURE TO COMPLY WITH THESE REQUIREMENTS WILL RESULT IN ACCOUNT TERMINATION AND FORFEITURE OF ANY REWARDS ACCUMULATED.

4.2. By using this site, you agree to be responsible for maintaining the confidentiality of your account and for restricting access to your computer. You also agree to be responsible for any and all activities that occur on your account. You must notify us immediately of any unauthorized use or security breach on your account.

4.3. By using this site, you agree that we will not be responsible for any loss or damage arising from your failure to comply with your responsibilities and obligations under these Terms and Conditions.

4.4. Corporate or other business entities are not eligible to become Members.

4.5. You are not allowed to have multiple accounts within a single referral-based site. All multiple accounts found to be fraudulent or which violate these Terms and Conditions will be placed on hold.

4.6. Only one account is allowed per shipping address. We do this to ensure quality leads for our advertisers. Since we are 100% advertiser supported, we cannot afford to support multiple accounts at the same shipping address. If there is more than one user at a shipping address, we suggest that they share an account. All accounts which are found to contain shared shipping addresses will be placed on hold.

4.7. You may not have more that one shipping address. For example, you may not have an account at a street address and a P.O. Box.

4.8. You may not use another person's name or information to receive products from this website. For example, one person may not join the site for another person, or complete offers for another person's account.

4.9. You may not "walk" referral through the creation of an account or any subsequent campaign activity on our referral based sites. All users must sign up for their individual account themselves and are responsible for completing the offer process themselves. If a user is found to have "walked" referral through the signup and/or offer process, all involved parties will have their account placed on hold. An exception to this condition would apply when one party is disabled, visually or physically impaired and/or needs legitimate assistance in joining the site. In this case a user has the option to assist their referral as their condition would require. We do request, however, that any and all advertising offer completions be completed with the full knowledge and consent of the user who is having it completed.

4.10. Referral credits cannot be transferred between accounts.

4.11. You are responsible for keeping your password confidential. prizeDB.com is not liable for any losses incurred through the access of your account by a third party or the disclosure of your password or account.

4.12. If your current account is placed on hold, you may not create another account. All parties residing at the same physical address as a user on hold will be affected by this mandate and thus, may be placed on hold indefinitely.

5 CANCELLATION OF ACCOUNT

To deactivate your account, please contact our customer service directly. You will forfeit any reward after your account deactivated. If you cancel your membership and later wish to re-enroll, you will be assigned a new account and all previous earnings will be forfeited.

6 COMPLETIONS OF OFFERS

6.1. Users may only receive credit for first time completions that are conducted within 120 days of new account signups. If the user has previously signed up for an offer elsewhere, he/she cannot receive credit for completing that offer on our network. For example, a user who is already a member of eBay may not sign up for the eBay offer through our website.

6.2. Users must complete the offer by clicking on the offer provided by this website and nowhere else (including any of our affiliates, competitors, or the offer provider's website). Users must click the offer link via our page in order for us to correctly track and credit for a user's offer completion. Note that some applications like spyware blockers or popup blockers may preclude these links from functioning correctly.

6.3. In order to receive proper credit for completing an offer, a user must use the same email account that he/she originally used for registering as a member at the Website. The user should also ensure that his/her browser settings are configured to accept all cookies and that he/she clicks on our exact offer link to be properly redirected to the offer provider's website.

6.4. Individual offers are subject to the terms of the advertiser, and can change at any time may differ from the terms represented below. Listed below are the typical categories of offer types and the usual types of associated costs:

(1) User enters a subscription agreement through their mobile phone carrier, for which they are charged a recurring monthly fee for content.

(2) User creates an account and is required to pay a one-time fee (ex. Shipping & handling, deposit to activate an account, etc.)

(3) User enters a month-to-month agreement with a service provider, usually with a promotion of the first month free, followed by recurring charges after the first month, etc.

(4) User agrees to receive a trial version of an offer, for which there is no upfront charge. If the user does not return the trial version of the product within the time frame required by the advertiser, the user is charged for the product.

(5) User agrees to receive a discounted fee for a product or service with an obligation to purchase additional products or services at the standard price.

(6) User opens a line of credit or registers for a cash advance, neither of which requires purchase but will cause the user to incur interest fees, depending on loan terms.

7 TERMS OF OFFERS

prizeDB.com is not responsible for the terms and conditions of any of affiliated websites or partner offers on your website. We make an effort to screen our offers to ensure that best possible experience for your users. However, we are not responsible for any ensuing charges or contracts incurred between user and an offer provider. Users should carefully read the requirements, terms, and conditions, privacy policy and billing information for each offer.

8 ELIGIBILITY FOR RECEIVING A FREE ITEM

Users must do the following to be eligible to get approval t receive their free product:

8.1. Complete at least one offer with 120 days of a new account signup and receive credit for the offer with that timeframe.

8.2. Refer at least certain number (depending on the item) of unique people who signup for new accounts, each must complete at least one offer within 120 days of referrer's new account signup date and receive credit for it with the same timeframe.

8.3. A user who signs up with our website must successfully complete the requirements to obtain a free item within 120 days, starting from the day the user signed up. These requirements are included but not limited to: a) Complete one advertising offer and b) have certain number (depending on the item) of unique people sign up as referrals via the user's unique referral URL and complete an advertising offer. In order to connect these referrals to the user, we issue the user a unique referral link to our site. Users of this web site may distribute their unique referral URL in any way they may choose, including using our form located on our "Tell-A-Friend" page of our web site.

8.4. User agrees to use all content and tools on the "Tell-A-Friend" page pf their account, solely for the purpose of emailing his/her user-specific referral link to his/her intended referral only. Use of any content and tools on the "Tell-A-Friend" page to send any manner of content that is considered to be unlawful, slanderous, pornographic or objectionable is strictly prohibited and may be fully punishable by law.

8.5. A user may complete more than one offer and may refer more than required referrals, but cannot earn more than 1 free product with their account. Any additional referrals or offer completion will not result in any additional free items.

8.6. Referrals completing more than one offer will only count once towards referral accruement for the referrer.

8.7. We will only give out credit for referrals who join by clicking on your referral link code. Anyone who does not click this URL or type it into their web browser exactly cannot be tracked, and thus, cannot be connected to your account. Note that some applications can remove the tracking part of this URL. Users assume the risk of not getting credit for some referrals when using our site(s).

8.8. Users may only receive 1 free item per account.

8.9. Once an account has been credited to claim a free item, a user has 60 days to get the account verified and redeem the free item on our website. Users failing to submit an order within this timeframe will have their eligibility to receive the free product revoked.

8.10. We reserve the right to substitute any reward with another reward having similar functionality and/or value or with its cash equivalent as determined by us in our reasonable discretion.

9. ORDERS

9.1. Receipt of Product (1) After a user completes the steps required to receive the product, prizeDB.com will take measures to ensure that the user receives orders within a reasonable amount of time. Delivery times vary amongst product suppliers, but most orders are received within 30 days from placing the order.

(2) On occasion, products may be back orders, discontinued from our suppliers, or made unavailable. In cases involving backordered products, products will ship as soon as they are made available. In cases involving discontinued and unavailable products, we will re-issue your credit so that you can order another similar product of an equivalent value on our site.

(3) After a user receives a product, if we determine that he/she fraudulent completed the requirements, we have the right to take legal action against the user.

9.2. Delivery of Product (1) All orders are mailed to the address provided and confirmed by the user. It is a user's responsibility to verify that the address provided is correct. prizeDB.com is not responsible for lost orders stemming from incorrect shipping addresses, theft, or erroneous deliveries. In the event that the situation arises necessitating package forwarding, prizeDB.com is in no way responsible for ensuring delivery.

(2) If a user does not receive a product, he/she should make sure that they have waited the appropriate time period and confirm that the shipping address given is indeed correct. In the event that an item is lost, prizeDB.com will make a reasonable effort to track the package and replace it if necessary.

(3) For any product that has confirmed delivery via a tracking number, prizeDB.com will not resend the order or refund the credit back to a user's account. If an item is lost, a user can only receive a replacement product and cannot receive his/her points, or credit back for an order. We reserve the right to refuse a replacement order or point or credit refund.

(4) If a user has received multiple orders at a shipping address, prizeDB.com has the right, at any time, to refuse future delivery to that address.

9.3. Cancellation of orders A user can cancel an order while it is being processed by contacting us via customer service. Once an order has been sent to our vendor for processing, or if has shipped, it cannot be changed or cancelled.

9.4. Return policy (1) In the case of an error or mistake by prizeDB.com whereby a wrong product was shipped, we will make reasonable efforts to replace the product as long as it has been unopened.

(2) If a product is found to be defective, the user should consult the warranty information included with his/her free item. We are not responsible for the repair or replacement of defective products. Please contact the relevant vendor for questions about damages or defective products you received. In cases where you do not know that vendor shipped it to you, we can pass along the appropriate vendor's contact information.

10. THRID PARTY MEMBERSHIP DISCLAIMERS

After completion of any of the advertiser offer(s) you have agreed to become a member of that website. You agree not to hold us liable for any loss or damages of any kind incurred as a result of any such dealings with any advertiser listed on the site. In addition, by becoming a member of such advertiser's site, you agree to the terms and conditions of that website. You must contact that company directly if you wish to cancel such membership.

11. PROHIBITED USER CONDUCT

11.1. You are prohibited from any conduct that, in our sole discretion, restricts or inhibits any other user from using or enjoying the site or any linked site. You are prohibited from accessing or attempting to access private areas of the site or any other user's information. You are prohibited from impersonating any person or entity or otherwise falsely stating or misrepresenting your affiliation with a person or entity.

11.2. You are prohibited from using any data, content, and any information provided or used on the site, as well as your use of our site, products and services which will infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any person or entity, including third-parties. You are prohibited from using any data, content or information which contains or promotes any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the site, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct. You are prohibited from making any attempt to earn or redeem rewards in a manner inconsistent with this Agreement.

12. MARKETING MATERALS

By signing up for membership, you are giving your consent to receive promotions or newsletters from us, our affiliated entities and/or third-party marketing partners. If you do not wish to receive these emails, you may request to be removed by using the opt-out mechanism listed in the email messages you receive. To opt-out of email promotions from us alone, you may also find the unsubscribe link at the bottom of each page in our site. Please note that exercising an opt-out mechanism only applies to the company with which you exercised that right.

13. RELATIONSHIP WITH MARKETING ADVERTISERS

All sponsors have not endorsed this promotion, nor are they affiliated or connected with this promotion in anyway. prizeDB.com is an independent firm and is not affiliated with any of the listed products. Trademarks, service marks, logos, and/or domain names are the property of their respective owners, who have no association with or make any endorsement of the products or services provided by prizeDB.com. Furthermore, participating advertisers are independent third parties and prizeDB.com is not acting as a principal, agent or broker with respect to any advertisers.

14 DISCLAIMERS OF WARRANTIES

14.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF THE SITE IS AT YOUR SOLE RISK; (ii) THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; (iii) EXCEPT AS EXPRESSLY PROVIDED HEREIN WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT; (iv) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK; (v) YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR OPENING ANY EMAIL SENT BY US; (vi) WE MAKE NO WARRANTY WITH RESPECT TO THE ACCURACY, THE RESULTS THAT MAY BE OBTAINED OR THE RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED OR ADVERTISED THROUGH THE SITE OR THAT THE CONTENT PROVIDED ON THE SITE IS APPLICABLE TO, OR APPROPRIATE FOR USE IN, LOCATIONS OUTSIDE OF THE UNITED STATES ; and (vii) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

14.2. EXCEPT AS EXPRESSLY STATED HEREIN WE MAKE NO WARRANTY THAT: (i) ANY PRODUCT OR SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ANY PRODUCT OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY PRODUCT OR SERVICE WILL BE ACCURATE OR RELIABLE: (iv) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ANY PRODUCT OR SERVICE WILL MEET YOUR EXPECTATIONS; OR (v) ANY DEFECTS WILL BE CORRECTED.

15 LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT ALLOWED BY LAW, PRIZEDB.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS MEMBERSHIP AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, 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. IF YOU ARE DISSATISFIED WITH THE PRIZEDB.COM SERVICE OR PROMOTIONS AVAILABLE THROUGH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CANCEL YOUR MEMBERSHIP IN PRIZEDB.COM

16 EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

17 MONITORING SITE USAGE

You agree that we may electronically monitor the site and disclose any content, records, or electronic communication of any kind (i) to satisfy any legal process or request; (ii) to operate the Site; or (iii) to protect our rights or the rights of the users, sponsors, providers, licensors, or merchants.

18 IDEMNITY

By using the site you agree to indemnify us and hold us harmless from any and all claims and expenses, including (without limitation) attorney's fees, arising from your use of the site, or your use of the products and services contained thereon, or from any person's use of any ID, membership or password you maintain with any portion of the site, regardless of whether you authorized such use or not. By using the site, products or services, you are hereby agreeing to release us from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against us or our advertisers arising out of or in any way related to such disputes and/or to the products and services.

19 CHOICES OF LAW, VENUE AND JURISDICTION

This site (excluding third party linked sites) is controlled by prizeDB.com from its offices Hong Kong, SAR. It can be accessed from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from Hong Kong, SAR, by accessing this site, both you and prizeDB.com agree that the statues and laws of Hong Kong, SAR shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and prizeDB.com also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Hong Kong, SAR and any legal proceedings shall be conducted in English. prizeDB.com makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. If the law of your country or states does not permit your participation in this Service, then you are responsible for complying with such laws and you agree to indemnify prizeDB.com against any action you undertake to use the prizeDB.com website. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods. If either party initiates legal proceedings to enforce a term of this Agreement, the prevailing party will be entitled to recover reasonable attorneys's fees

20 GENERAL

20.1. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between our representatives and you with respect to the subject matter hereof, including any terms and conditions on any of customer's documents or purchase orders.

20.2. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and Conditions or your use of the site. Our performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.