Hypersweep terms of this service. (The legal stuff!)
BY BECOMING A MEMBER, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT BECOME A MEMBER. 1. Grant Of License. Hyper Promotions grants to you a non-exclusive, non-sublicensable, non-transferable license to use the Hypersweep Sweepstakes Service (hereafter called "SERVICE"). As consideration for this License, you agree to pay Licensor a lump sum fee as outlined on this page. Once you have paid this fee and the fee has been received by Hypersweep, the referenced Service will be available to you. 2. No Assignment Or Transfer. You may not rent, sell, distribute, display, assign, lease, and otherwise make available the SERVICE to any third party for any purpose at any time without the express written consent of Hyper Promotions. 3. PAYMENT OBLIGATIONS OF A MEMBER. (a) Members are responsible for providing PayPalŪ, or any other payment processing agency retained by Hypersweep with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (2) report to such agency all changes to this information within thirty (30) days of the change. Members are responsible for any charges to their account. (b) Members having questions regarding charges to an account, should contact Hypersweep at "http://www.hypersweep.com/contact/contact.cfm". All charges are considered valid unless disputed in writing within ten (10) days of the billing date. Adjustments will not be made for charges that are more than 10 days old. 4. Cancellation and Refund Policy. The lump sum fee set forth in paragraph 1 of the Agreement shall be nonrefundable except in the following circumstances. If you are not satisfied with the Service for any reason, you are entitled to receive a refund of your fee. In order to receive a refund, you must send a notice of cancellation to Licensor at "http://www.hypersweep.com/contact/contact.cfm" requesting a refund of the fee paid by you. No other methods of cancellation will be accepted. For MEMBERS with a monthly or yearly subscription, your refund amount will be based on the unused portion of the last charge amount to your account. If you are MEMBER who does not have a monthly subscription, your cancellation notice must be received by Licensor within 10 days from the first day that customer received the Service from Licensor or you forfeit your refund. For all MEMBERs, you will be refunded the refund amount, if due, within 10 working days from the time we receive your cancellation. 5. Limited Warranty And Disclaimer Of Liability. Licensor warrants that it has the legal right to grant the license contained in this Agreement. However, Licensor. MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SERVICE OR ABOUT ANY CONTENT OR INFORMATION INCLUDED WITH THE SERVICE, FOR ANY PURPOSE. THE SERVICE IS PROVIDED 'AS IS' WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Licensor further does not warrant that the operation of the Service will be error free or free from interruption. LICENSOR DISCLAIMS ANY AND ALL LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFIT) ARISING OUT OF THIS AGREEMENT OR WITH RESPECT TO THE INSTALLATION, USE OR OPERATION OF THE SERVICE. 6. Confidential Information. You agree that the Software referenced in this Agreement contains proprietary information, including trade secrets that is the exclusive property of Licensor. Specifically, all content included with the Service is the property of the applicable content owner and is protected by applicable copyright law. This License gives you no rights to such content. Hyper Promotions reserves the right to make changes, enhancements, and modifications to the SERVICE at any time and without notice. You, however, shall have no right to independently modify the software in any capacity at any time. Moreover, you will not attempt to decipher, decompile, disassemble or reverse engineer the SERVICE at any time. 7. Termination of License. Licensor In the event you violate any of the provisions of this Agreement or engages in any violation of the copyright or intellectual property rights of Licensor, the License granted to you shall be immediately revoked by Licensor. TERMINATION OF THE LICENSE SHALL NOT RELIEVE YOU OF YOUR OBLIGATIONS REGARDING THE CONFIDENTIALITY OF THE LICENSED SOFTWARE AND SERVICE. Licensor may terminate this Agreement, your password, your account, or your use of the SERVICE, for any reason, including, without limitation, if Licensor, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable user policies, or if you fail to pay any charges when due. Licensor may provide termination notice to you by: email addressed to your email account. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing. In the event of such termination by Licensor, Licensor shall be entitled to retain the fee paid by you identified in paragraph 1 of this Agreement. 8. Applicable Law. This License shall be governed by and construed in accordance with the laws of the State of Florida and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. Any legal proceedings regarding the enforcement or interpretation of this Agreement shall be filed in the State of Florida. 9. No Guarantee. You recognize that Licensor has no control over your use of the Service. As such, Licensor. does not guarantee that you will profit from using the SERVICE. By using the Service, you agree to allow Licensor to use all personal information you provide, for SERVICE purposes. Licensor does not guarantee that you will be entered correctly or accurately according to the rules of any sweepstakes and contests. You agree that it is your responsibility to read and understand the rules of any prize link, sweepstakes or contest to ensure you are eligible to enter. Further, nothing in this Agreement shall obligate Licensor to enter you in any sweepstakes competition whether such competition is offered by Licensor, a customer of Licensor or a third party . Rather, you shall remain solely responsible for entering any sweepstakes that you desires and for providing the correct Internet form entry in order to enter a prize link, sweepstakes or contest. 10. Maintenance Of Service By Licensor. The SERVICE may time to time be offline due to maintenance purposes. You agree that you will not be compensated for any time the SERVICE may be offline due to maintenance or any other reason. The SERVICE may not be available to you during this scheduled maintenance period. 11. Relationship Of The Parties. For purposes of this Agreement, you are not an agent of Licensor and have no express or implied authority to act on behalf of or make any representations whatsoever on behalf of Licensor. 12. Modification. The Company reserves the right to add, remove, or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on the SERVICE Website. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE SERVICE FORTY-EIGHT (48) HOURS FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE COMPANY WEBSITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE. Company may terminate the License with you, if you do not agree to the changes made. Copyright (c) 1999-2012 Hyper Promotions All rights reserved. Hypersweep, and any and all coding, images, and text displayed on this site are trademarks of Hyper Promotions.