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Terms Of Service / Web Site Agreement

The Giant Giveaway Web Site Agreement

The The Giant Giveaway Web Site (the "Site") is an online information service provided by The Giant Giveaway ("The Giant Giveaway "), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. The Giant Giveaway MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are The Giant Giveaway, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to The Giant Giveaway a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to The Giant Giveaway by all means and in any media now known or hereafter developed. You also grant to The Giant Giveaway the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against The Giant Giveaway for any alleged or actual infringement or misappropriation of any proprietary right in your communications to The Giant Giveaway.

TrafficServer 1.01 TRADEMARKS.

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of The Giant Giveaway. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

2. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by The Giant Giveaway, The Giant Giveawaydoes not operate, control or endorse any information, products or services on the Internet in any way. Except for The Giant Giveaway- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with The Giant Giveaway a. You also understand that The Giant Giveaway cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. The Giant Giveaway PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND The Giant Giveaway SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. The Giant Giveaway DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. The Giant Giveaway HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT WILL The Giant Giveaway BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF The Giant Giveaway OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, The Giant Giveaway LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

The Giant Giveaway makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-The Giant Giveaway web site, please understand that it is independent from The Giant Giveaway, and that The Giant Giveaway has no control over the content on that web site. In addition, a link to a The Giant Giveaway web site does not mean that The Giant Giveaway endorses or accepts any responsibility for the content, or the use, of such web site.

3. Indemnification.

You agree to indemnify, defend and hold harmless The Giant Giveaway, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of The Giant Giveaway and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5.Term; Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

6.Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between The Giant Giveaway and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. The Giant Giveaway's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. The Giant Giveaway may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

 

Terms and Conditions for Contributors

 

1. You must provide a legitimately free gift.

 

This event is focused on helping new marketers to obtain products and services to start to build their online business. The best products are those that can be downloaded instantly.

 

You must provide a license with your product that describes the limitations on the use of the product. For example, if it is a Master Resell Rights Product you must describe the product as well as what they can and can not do with the product.

 

You must be certain that you can give the product away for free, and it is your responsibility to make sure that you do not violate any Terms and Conditions that are on the product(s) that you are providing. Your gift needs to be hosted on your own server or a server that you have legitimate access to.

 

You agree that you are 100% LEGALLY liable for the gift that you provide to ensure that it meets the original authors Terms Of Service.

 

You are not allowed to use PLR or Private Label Rights products as your gift. All gists must be your own original creation.

 

2. You will be required to provide links to your landing page as well as download page.

 

We check the legitimacy of the products and services on the download pages. This is to ensure that the products conform to the Product Listing Guidelines, as set out in #6 below.

 

We will ensure that the download pages that you provide are cloaked so as to ensure that your actual download pages don't get passed around the internet for free.

 

It is your responsibility to ensure that your autoresponder is working correctly.

 

3. SPAM Policy.

 

No SPAMMING. Period. Any SPAM complaints from subscribers (from either the registered members of this Giveaway or from people not registered at the event) will result in immediate termination of your account. To avoid being labeled as a SPAMMER you will be required to adopt the Anti-SPAM policy as set out in #4 below when communicating with lists.

 

4. Anti-SPAM Policy.

 

The policy for all Giveaway Event Partners is this:

 

- You should use Double Opt In forms for your mail list.


- You are giving away your product without any future condition that people need to be signed up to your mailing list, either implied or written. That is, you must provide written forms in each email for people to be able to remove themselves from your list if and when required.
 

- When emailing the people that signed up to your list as a result of this Giveaway Event, you are urged to include the following details with each email you send, in order to reduce SPAM complaints:
 

a) Their Name

b) Their Email address

c) Their IP Address

d) Their date of sign up

e) An unsubscribe link or method of unsubscribing from your list

 

All members who pass through the doors of this Giveaway are being assured that they can remove themselves from JV Partners mailing lists through details included at the bottom of each email you send out.

 

If this is not your current practice, then you are urged to adopt this policy as a partner with this Giveaway Event.

 

5. JV Partner Product / Service Listing Guidelines.

 

Your landing pages must clearly show the download link in the top half of the screen when people arrive to collect their gift before any other offers or ads. Pages that are not clear about how to download their gifts will not be accepted.

 

Your Landing Page and Download Page must clearly show that it is associated with this event, and must have a specific welcome screen. For instance the title, “Welcome Visitors of the Giant Giveaway” would be sufficient to identify your site as a contributor to the event.

 

You may ONLY give away access to your own Membership Sites, not anyone else’s. The Download Page link will be the signup page to your sites free access. If you are offering a service, for instance free entry into a Membership Site, then you must have permission to give that service away.

 

6. Duration of the Event.

 

This Giveaway Event will open to JV Partners from July 1, 2010. The doors of the event will open for registrations to the public from July 13, 2010 at 12:00pm EST and will remain open until 11:59pm EST on July 26, 2010.

 

No new registrations into this Giveaway Event will be accepted into the site after July 26, 2010. All registered users will still have access to the site until the end of August 31, 2010. This allows the paying members to have sufficient time (2 weeks) to download all their products.

 

For this reason it is expected that all JV Partners will have their Download Pages in place until the end of August 31, 2010.

 

7. Referral Contest.

 

This Giveaway Event is a list-building event that will reward the Top Five contributors with cash prizes. The prizes will be awarded to the person(s) who refer the most points accrued. You get 10 points for every contributor you refer and 1 point for ever member you refer.

 

There will be just one Affiliate link that you need to use in order to promote the site, and your gifts will be ranked in descending order of highest number of unique referrals.

 

The contest will be open for the most referrals from July 1, 2010 to July 26, 2010.

 

8. Payment of Affiliate Commissions and Contest Awards.

 

Affiliate payments will be paid through Paypal, so to promote the event as an affiliate and earn commissions you will need a Paypal account. The Bonus prizes will be awarded through Paypal as well.

 

The payment of prizes and bonus money will be on or around August 31, 2010.

 

9. One Time Offer.

 

When you refer people to this Giveaway Event you will be able to earn commissions through Paypal at the rate of 50%.

 

As a JV Partner, your direct Download Page may be part of the One Time Offer (OTO) that people may elect to purchase.

 

The price for the OTO is set to $47 and the downsell is $27. This is exceptional value considering the volume of gifts and products inside the members area, and the opportunity to avoid having to sign up to thousands of newsletters.

 

10. Use of Surfing Traffic, FFA Pages and Video Traffic.

 

Some Giveaway Promotions prohibit the use Web Surfing Exchanges and Free For All (FFA) Pages from participating in events. However in the case of this Giveaway Event you may freely use any legal form of traffic surfing program or FFA program provided that you follow the SPAM Policy listed in #3 above.

 

This is because the incentive program is based on the number of unique IP Address and Email Addresses that you send to the site, not on the volume of traffic or unique hits using your promotional link.

 

Be sure that you do not violate the SPAM Policy else your account will be immediately terminated.

 

You may also use targeted video advertising for this Giveaway Event through any legal channel you choose. You are permitted to video inside the site to display gifts, however you cannot claim that the site is yours due to copyright conditions.

You cannot under any circumstances pay people or compensate them in any other way to sign up under your referral link. Anyone doing this will have their account deleted.

 

11. Commitment to Promote this Event.

 

Being accepted as a JV Partner is a privilege because you will be receiving affiliate commissions through the sales of the One Time Offer and Special Offer, as well as having the opportunity to build your list of subscribers.

 

As a result of being part in the JV Partner program you will be expected to promote this site to your members list and/or to other people that may benefit from the products being offered at the Giveaway.

 

JV Partners who don’t enlist anyone for the site will have their accounts downgraded to “Member only” status or their JV Partner Accounts Terminated after three days.

 

12. Support Center.

 

For all assistance with matters related to this event, please create a ticket at http://JustinMichieSupport.com.  Please do not send us email – it will not be responded to.

 

13. Disputes.

 

If you have a dispute about the event or donations of gifts, please log your case with the Support Center. We will try to resolve your dispute as quickly as we can. If we can't resolve it quickly, we will let you know our progress and may ask you for further assistance.

 

If you have a dispute with another JV Partner that relates directly to a gift provided in this event, please attempt to resolve that dispute between yourselves.

 

If the gift that is provided by another person violates the Rights of the gift, then please enter a ticket at the Support Center. Gifts that violate Resell Rights conditions will have their accounts suspended until the

situation is resolved. Suspended accounts are able to be reactivated once the situation is resolved unless

there are other factors that are deemed to affect the account from remaining opened.
 

In any case, I will aim to provide you with reasons why your account is suspended so that you can meet our concerns or the concerns raised by your peers. You do not need to address any issues that are raised. This decision is up to you. I do not guarantee that you will be allowed to access the site if you have previously

had your account suspended.

 

Accounts that are permanently closed are not permitted to promote the event. Please don't harass me or my Support Center if you blatantly violate these Terms and Conditions. We will aim to be fair with you.


14. Terms and Conditions.

 

These Terms and Conditions are subject to change, and we will not be bound to keep any of these conditions.
 

All disputes will be resolved by the web site owner.