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Terms of Service

Welcome to the User Agreement for PrizeFusion ("PrizeFusion.com"). This User Agreement (this "Agreement") describes the terms of service under which you may access the PrizeFusion website and use the PrizeFusion Program (defined below). Before you can use the PrizeFusion website or participate in the PrizeFusion Program, you must read and accept all of the terms and conditions of this Agreement and the PrizeFusion Privacy Policy (the "Privacy Policy"), which policy is incorporated herein by this reference and constitutes a part of this Agreement. This Agreement sets out the legally binding terms of your use of the PrizeFusion Program. In the event of any inconsistency between the Privacy Policy and this Agreement, this Agreement shall control. As used in this Agreement, the terms "you", "your" or "user" all refer to the person or entity that uses, becomes a member of, or accesses the PrizeFusion Program. Nothing in this Agreement shall be deemed to confer any rights or benefits to any third parties. If you do not agree to be bound by the terms of this Agreement, you may not use, subscribe to, or participate in the PrizeFusion Program.

The Agreement constitutes the entire agreement between you and PrizeFusion and governs your use of the PrizeFusion Service, superseding any prior agreements, communications and proposals between you and PrizeFusion in their entirety. Notwithstanding the foregoing, PrizeFusion reserves the right to modify this Agreement at any time, and without prior notice, by posting any such amended terms on its website. Your continued use of the PrizeFusion website and participation in the PrizeFusion Program indicates your acceptance of the amended Agreement, and you are responsible for reviewing such amended terms and conditions from time to time.

Description of Service

PrizeFusion provides free memberships to users to allow them to complete offers provided by certain third-party advertisers (collectively, the "Third-Parties" or each a "Third-Party") in return for compensation provided through PrizeFusion, and at times, it provides incentives to PrizeFusion members for referring other people to PrizeFusion (together, the "PrizeFusion Program"). Offers from the Third-Parties are listed and accessed on the PrizeFusion website.

 User Eligibility

Minors under the age of 13 or 13-17 without parental permission, and users that have been suspended, removed or otherwise terminated, for any reason, by PrizeFusion from the PrizeFusion Program, are prohibited from using the PrizeFusion website and the PrizeFusion Program. Users may not have more than one account. Additionally, users are prohibited from selling, trading, or otherwise transferring their PrizeFusion account to another party. If under the terms of this Agreement you are not eligible to participate in the PrizeFusion Program, you may not use, subscribe to or access the PrizeFusion website or the PrizeFusion Program.

Use of the PrizeFusion Program

Your use of the PrizeFusion Program is governed by this Agreement. Upon signing up to become a Member, PrizeFusion will provide you with a password and username. You are responsible for maintaining the confidentiality of your password and account, and you are responsible for all activities that occur under your password or account, with or without your knowledge. If you knowingly provide your password or account information to another person, your account may be terminated. You may not use another Member's account at any time. PrizeFusion will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for losses incurred by PrizeFusion or another party due to someone else using your account or password. PrizeFusion will not be liable for any loss or damage arising from your failure to comply with this section.

 Third-Parties

PrizeFusion is not responsible for any content provided by the Third-Parties, and your participation in their programs is governed by their separate Terms of Service and Privacy Policies. PrizeFusion will never charge you membership fees, but some Third-Parties may require you to make a payment in order to complete their offer. Members are solely responsible for any charges incurred by participation in Third-Party programs.            

Member Obligations

In consideration of your membership and access to the PrizeFusion Program, you agree:

To provide true, accurate, current and complete information about yourself and others to PrizeFusion and to the Third-Parties;

You are 13 years of age or older with parental permission or 18 years of age or older and of legal age in your jurisdiction;

To comply with all local, state, federal, international or other applicable laws, including but not limited to, rules regarding acceptable online conduct, and not to use PrizeFusion or the PrizeFusion Program to participate in any fraudulent, illegal, or patently unethical activities;

Not to participate in any illegal activities with the intention of advertising or mentioning PrizeFusion or that relate to the PrizeFusion Program in any way, including but not limited to, "spamming" your PrizeFusion URL via email, on message boards, social networking sites, or anywhere else (PrizeFusion's anti-spam policy is incorporated herein by this reference and is made a part of this Agreement);

To have only one PrizeFusion membership and account and not to attempt to open multiple accounts or memberships, as PrizeFusion only allows one account per person;

Not to refer oneself to PrizeFusion or to attempt to do so;

Not maintain a negative balance account;

Not to post content or to initiate communications on the PrizeFusion website, which are unlawful, defamatory, abusive, obscene, indecent, discriminatory, or otherwise objectionable;

Not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from PrizeFusion's website or the PrizeFusion Program without PrizeFusion's prior written approval;

Not to upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

Not to abuse, stalk, threaten or harass anyone or otherwise violate the legal rights (such as the rights of privacy and publicity) of others in your use of the PrizeFusion Program and the PrizeFusion website; and

Not to interfere with or disrupt the PrizeFusion Program or servers or networks connected to the PrizeFusion Program, or disobey any requirements, procedures, policies or regulations of networks connected to the PrizeFusion Program.

IF ANY MEMBER IS FOUND, IN THE SOLE DISCRETION OF PRIZEFUSION, TO BE IN VIOLATION OF THE ABOVE REQUIREMENTS, HIS OR HER ACCOUNT WILL BE TERMINATED AND HE OR SHE WILL BE REMOVED FROM THE PRIZEFUSION PROGRAM. SUCH MEMBER SHALL ALSO FOREGO ANY CLAIM TO COMPENSATION THAT WOULD HAVE OTHERWISE BEEN PAID PURSUANT TO THE PRIZEFUSION PROGRAM.

Payment

Member payments will generally be processed instantly if choosing the Paypal option or daily if any other method, assuming they have met the minimum payout and the account is verified. PrizeFusion makes no guarantees regarding the timeliness of payments in the event of interferences which affect PrizeFusion's ability to process payments. These interferences include but are not limited to, late payments by the Third-Parties and technical difficulties. PrizeFusion reserves the right to inspect each Member's account activity before payment, to verify the integrity of each Member's activities. Any member found to be cheating, attempting to cheat, or providing false information to PrizeFusion or the Third-Parties shall not be paid and their membership in the PrizeFusion Program shall be terminated. Additionally, Member understands that Member payments come from revenue generated by the Third-Parties. Therefore, Member acknowledges and agrees that if, for any reason, an advertiser does not pay PrizeFusion, PrizeFusion reserves the right to withhold the Members share of said revenue.

Collection of Negative Balances

PrizeFusion reserves the right to collect on member accounts that remain negative. Negative balances resulting from reversal of offers by means of any type of fraud are considered for referral to our collection agency. We may collect negative balance accounts in any way we deem necessary as allowed by law including, but not limited to sending demand notices, referral to outside agencies, referral to legal counsel, court action or all of the above.

Communication from PrizeFusion

PrizeFusion will communicate with you through email, through notices posted on this website or as otherwise determined by PrizeFusion. PrizeFusion may send PrizeFusion newsletters to your email address, unless you have opted out of receiving such newsletters by so indicating on the "E-mail Options" section of the "Edit Account" page, within the "Members Area" of the PrizeFusion website. By becoming a member of PrizeFusion, you agree that PrizeFusion has the right to use your email address as set forth herein and in PrizeFusion's privacy policy.

Limitation of Liability

You expressly understand and agree that PrizeFusion shall not be liable for any direct, indirect, incidental, punitive, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if PrizeFusion has been advised of the possibility of such damages) arising out of or in any way connected with your use of or performance of PrizeFusion Program and/or the PrizeFusion website, whether based on contract, tort, negligence or strict liability. If you are dissatisfied with any portion of the PrizeFusion Program and/or the PrizeFusion website, your sole and exclusive remedy is to discontinue using the PrizeFusion Program. Some jurisdictions do not allow the limitation of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If the laws of one of those jurisdictions applies, and PrizeFusion is found responsible for any damages to you, you expressly acknowledge that PrizeFusion's total cumulative damages to you (whether at law or in equity) shall not exceed $100 in United States' currency. The provisions of this section survive the termination or expiration of this Agreement.

Non-Commitment

PrizeFusion does not have any commitment toward any Members, past or present. PrizeFusion may at anytime, for any reason, with or without notice, discontinue the PrizeFusion Program for one or all of its Members. After said discontinuation, PrizeFusion remains without commitment to any Members, past or present, of the PrizeFusion Program.

Account Termination

You agree that PrizeFusion may, with or without cause, immediately terminate your membership, account and access to the PrizeFusion Program without prior notice. Without limiting the foregoing, the following will lead to a termination by PrizeFusion of your use of the PrizeFusion Program: (a) a breach or violation of this Agreement or other agreements or guidelines referred to herein, (b) a request for termination by law enforcement or other government agencies, (c) a request by you (a Member may request termination of his or her account by contacting us, (d) unexpected technical issues or problems, and (e) an inactive account (an inactive account is an account that is not accessed in the last 180 days). Termination of your PrizeFusion account includes removal of access to all Third-Party offers within the PrizeFusion Program and may also bar you from further use of the PrizeFusion Program. Furthermore, you agree that all terminations shall be made in PrizeFusion's sole discretion and that PrizeFusion shall not be liable to you nor to any third-party for any termination of your membership, your account or access to the PrizeFusion website.

Indemnity

By accepting the terms of this Agreement, you agree to indemnify, defend and otherwise hold harmless PrizeFusion, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential, punitive or exemplary damages resulting from: (i) your membership and/or participation in the PrizeFusion Program; (ii) your use of the PrizeFusion website and name; (iii) your violation of this Agreement; (iv) your violation of the rights of another; and (v) any other matter relating to PrizeFusion or the PrizeFusion Program. Any communications and/or transactions which arise between a Member and the Third-Parties, between Members, or between any Member and other users of the PrizeFusion website are the sole responsibility of the parties to those communications and/or transactions, and PrizeFusion shall not be considered a party to any such communications and/or transactions.

Without limitation of the terms and conditions set forth in the Privacy Policy, which is incorporated into this Agreement, you understand and agree that PrizeFusion may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or protect the rights, property, or the safety of PrizeFusion, its users, and the public.

Monitoring and Enforcement

While PrizeFusion has the right to monitor activity and content associated with the PrizeFusion Program and website, PrizeFusion is not obligated to do so. Since PrizeFusion does not, and may not have the ability to, control or actively monitor content posted by Members or users on the PrizeFusion website, PrizeFusion does not guarantee content accuracy, integrity or quality. Because community standards vary and individuals may sometimes choose not to comply with PrizeFusion's policies and practices, in the process of using the PrizeFusion website, you may be exposed to content that you find offensive or objectionable. You can contact PrizeFusion regarding the content that you find objectionable. PrizeFusion may investigate complaints and violations of PrizeFusion's policies that come to PrizeFusion's attention and may take action that PrizeFusion believes is appropriate, including but not limited to, issuing warnings, removing the content or terminating accounts and/or memberships. However, because situations and interpretations vary, PrizeFusion also reserves the right not to take any action. As a user of the PrizeFusion Program, you acknowledge and agree that under no circumstances will PrizeFusion be liable in any way for any content, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the PrizeFusion website.

Governing Law

The Agreement between you and PrizeFusion will be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of laws principles, and you hereby consent to the exclusive jurisdiction and venue of the courts in Florida, U.S.A., in all disputes arising out of or relating to PrizeFusion and the use of the PrizeFusion Program.

Software and Trademarks

The PrizeFusion logo and names are PrizeFusion's intellectual property. You agree not to display or use the logo or names, or the name of "PrizeFusion.com" except as allowed pursuant to the Referral Center. Further, all content that is made available to view in connection with the PrizeFusion Program excluding content that may be made available by end-users through a linked site, is owned by and is the copyrighted work of PrizeFusion and is protected by copyright laws and international treaty provisions.

Disclaimer of Warranties

You understand and agree that the PrizeFusion Program is provided on an "as is" and "as available" basis, and that PrizeFusion does not assume any responsibility for prompt or proper delivery or retention of any user information or communications between users. PrizeFusion assumes no responsibility for the accuracy or existence of any communications between users. PrizeFusion expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

PrizeFusion makes no warranty that: (i) the PrizeFusion Program will meet your requirements, (ii) the PrizeFusion Program will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from use of the PrizeFusion Program will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the PrizeFusion Program will meet your expectations, and (v) any errors in PrizeFusion software will be corrected.

Any material downloaded or otherwise obtained through the use of the PrizeFusion Program is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from PrizeFusion or through or from the PrizeFusion Program shall create any warranty not expressly stated in this Agreement.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

General Information

The section titles of this Agreement are displayed for convenience only and have no legal effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and PrizeFusion as a result of this Agreement or use of the PrizeFusion Program. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Use of the PrizeFusion Program is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

To report instances of abuse, please contact us.

 

Updated March 25, 2011