5pCARD.com Terms & Conditions
THIS AGREEMENT is made the 20 day of May 2012
BETWEEN
The Network Owner: DM Cubed LTD who's registered office is 18 Gulistan Road, Royal Leamington Spa, Warwickshire, CV32 5LU, England, UK.
The Client:
The user interacting with this web site using the IP address 38.107.179.212
WHEREAS
A. The 5pCARD.com System: A website developed by DM Cubed LTD to promote the Global Domains International affiliate marketing system.
B. The Client: Who wishes to use the system to earn an income from the Global Domains International affiliate marketing system.
NOW THEREFORE IT IS HEREBY AGREED AS FOLLOWS:
1) Term
This Agreement shall commence on the date first above written and shall continue
for whilst The Client has the system installed on their domain name. Termination
can be considered when The Client removes the system from their domain name.
2) Data and domain ownership
The Network Owner owns the source code, databases.
The Network Owner grants The Client permission to use The 5pCARD.com System.
The Client never owns the rights to the source code or databases
or any other material stored on the Network Owner server.
4) Hosting
The Network Owner will host some elements of The 5pCARD.com System.
The Network Owner does not provide a guarantee of the up time of this service.
5) Domain renewal
The Client is responsible for the renewal of the domain.
8) Client content
If The Client adds content to the site. This content may not include inappropriate material,
this includes (but shall not be limited to), adult, pornography, nudity, hateful, harmful, racist, terrorist or illegal material.
11) Updates and features
The Network Owner may update or add new features to the Client's 5pCARS System at any time with out prior warning.
12) Links to the Global Domains International affiliate marketing system are shared between The Client and The Network Owner.
The Clients link will be displayed on average 90% of the time. The Network Owner's link will be displayed on
average 10% of the time.
12) Liability and Indemnity
Except to the extent that by statute liability may not lawfully be excluded in an agreement of this nature and between the respective parties hereto, the Network Owner shall not be liable in contract or otherwise for any direct, indirect or consequential loss or damage sustained by the Client making use of the PseudoTUBE.com System in accordance with this Agreement.
The Client agrees to indemnify and keep indemnified the Network Owner from and against any third?party or user claims against the Network Owner arising from or relating to the Client's PseudoTube.com System.
13) Force Majeure
Neither party shall be liable to the other in respect of anything which, apart from this provision, may constitute breach of this Agreement arising by reason of force majeure, namely circumstances beyond the control of either party which shall include (but shall not be limited to) acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion or civil authority, including acts of local government and parliamentary authority.
14) Waiver
Failure or neglect by the Network Owner to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of the Network Owner's rights hereunder nor in any way affect the validity of the whole or any part of this Agreement nor prejudice the Network Owner's rights to take subsequent action.
15) Headings
The headings of the terms and conditions herein contained are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of any of the terms and conditions of this Agreement.
16) Severability
In the event that any of these terms, conditions or provisions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
17) Notices
All notices to or by the respective parties hereto shall be in writing in the English language and shall be deemed to have been duly given when sent by facsimile where the sender has a valid transmission report and confirms the Notice by an email sent to the party to which such notice is required to be given under this agreement and where the receiving party confirms that the email has been received.
18) Law
The parties hereby agree that the formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of English Law, and agree to abide by any decision made by the English Courts in relation to any dispute, which may arise.
