TERMS OF SERVICE
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE OR ANY
OTHER Promotions Club WEB SITE(S) OR PURCHASING ANY PRODUCT OR SERVICES
FROM Promotions Club.
This Agreement (the “Agreement”) is made between
Star Promotions Enterprises LLC, a Nevada corporation (the
“Company,” “we” or
“us”) and you. This Agreement sets forth the legal
terms and conditions for your use of this web site
www.promotionsclub.com or any other web site(s) and for your purchase
and/or use of any “PromotionsClub” goods, services
or in connection with the Promotions Club`s business opportunity
(collectively referred to hereinafter as,
“Offerings”). This Agreement also provides
information on how to become a Promotions Club`s Independent
Distributor, Customer (include Advertising).
Your use of Promotions Club`s web site(s), including all web pages
(collectively, the “Site”) and all information,
data, text, software, information, images, sounds or other materials
(collectively, the “Content”) contained therein, or
your use or purchase of any other Offerings confirms your acceptance of
this Agreement and is subject to your continued compliance with the
terms and conditions of this Agreement.
If you are dissatisfied with the Site or other Offerings, your sole and
exclusive remedy is to stop using the Site or other Offerings.
1. MODIFICATIONS
We reserve the right at any time to:
- Change the terms and conditions of this Agreement;
- Enhance, add to, modify or discontinue the Site or other Offerings,
or any portion of the Site or other Offerings, at any time in our sole
discretion.
Any changes to this Agreement will be effective immediately upon
notice, which may be provided to you via e-mail or by display on the
Site . Your use of the Site or other Offerings after such Notice will
be deemed acceptance of such changes. Be sure to review this Agreement
periodically to ensure familiarity with its most current version.
The Site or other Offerings, in whole or in part, may be enhanced,
modified or discontinued at our sole discretion. Any enhancements,
additions or modifications to the Site or other Offerings will be
subject to this Agreement.
2. ACCESS
You must obtain access to the Internet and pay any service fees
associated with such access to use the Site. In addition, you must
provide all equipment necessary for you to access the Internet. You are
and will remain solely responsible for the purchase, hookup,
installation, loading, operation and maintenance of any hardware,
software, telephone (cable or other) service, and the Internet access
service to your personal computer and for all related costs. You are
solely responsible for scanning your hardware and software for computer
viruses and other related problems before you use them. We have no
liability or responsibility for any errors or failures relating to the
malfunction or failure of your hardware or software.
3. ELIGIBILITY
- Accepting the Terms
- In order to use the Services, you must first agree to the Terms. You
may not use the Services if you do not accept the Terms.
- You can accept the Terms by:
- clicking to accept or agree to the Terms, where this option is made
available to you by Promotions Club in the user interface for any
Service; or
- by actually using the Services. In this case, you understand and
agree that Promotions Club will treat your use of the Services as
acceptance of the Terms from that point onwards.
- You may not use the Services and may not accept the Terms if (a) you
are not of legal age to form a binding contract with Promotions Club,
or (b) you are a person barred from receiving the Services under the
laws of the United States or other countries including the country in
which you are resident or from which you use the Services.
- Before you continue, you should print off or save a local copy of the
Terms of Use for your records.
- Language of the Terms
Where Promotions Club has provided you with a translation of the
English language version of the Terms, then you agree that the
translation is provided for your convenience only and that the English
language versions of the Terms will govern your relationship with
Promotions Club.
- You represent and warrant that you are at least 18 years old.
Promotions Club products and the Promotions Club business opportunity
cannot be offered, shipped into or sold in any country outside of those
countries that are previously authorized by Promotions Club
4. Your passwords and account security
- You agree and understand that you are responsible for maintaining the
confidentiality of passwords associated with any account you use to
access the Services.
- Accordingly, you agree that you will be solely responsible to
Promotions Club for all activities that occur under your account.
- If you become aware of any unauthorized use of your password or of
your account, you agree to notify Promotions Club immediately at:
support@promotionsclub.com.
5. PROMOTIONS CLUB INDEPENDENT DISTRIBUTORS
Promotions Club products and services are sold through Promotions
Club`s network of Independent Distributors. To purchase Promotions Club
goods or services, you do not have to become an Independent
Distributor. If, however, you are interested in starting your own
home-based business as an Promotions Club Distributor, please see our
Business Opportunity section.
Product and Earnings Policy
PROMOTIONS CLUB monthly membership fee is to pay for full access to the
training products and educational material provided by PROMOTIONS CLUB
and it's trainers. All active independent Distributors may also
participate in the PROMOTIONS CLUB compensation program as outlined on
the pay plan page of the website.
Commissions are paid as outlined on the Pay Plan page of the website.
All members understand BEFORE paying their membership fee that there
are NO GUARANTEED EARNINGS. Members understand that the Powerline
genealogy and reports is not to reflect earnings, but to be a
representation of company growth and does not mean anything in terms of
commissions.
Independent Distributor should not participate in PROMOTIONS CLUB under
the expectation of earning income without referring new members.
Neither PROMOTIONS CLUB, nor it's members can guarantee "spillover" or
earnings simply by becomming a member. PROMOTIONS CLUB independent
Distributor are purchasing training products to educate them in the
industries outlined on the Product and Income Streams pages.
Independent Distributor should not participate in PROMOTIONS CLUB if
they are not planning on using the educational products, nor if they
are not planning on sharing the opportunity with others.
Most independent Distributors earn less money each month in the
compensation program than they are paying to maintain their membership
in PROMOTIONS CLUB. Although it is possible, PROMOTIONS CLUB
independent distributors should NOT expect to make a profit simply by
becomming a independent distributor as it is higlhy unlikely that will
occur.
PROMOTIONS CLUB cannot guarantee that independent Distributor earn a
profit by implementing the training materials provided. The products
are for educational purposes only.
No Independent Distributor should spend money that they cannot afford
to lose to become a independent Distributor and maintain their
membership in PROMOTIONS CLUB. It is possible that you will NOT earn
income as a Independent Distributor of PROMOTIONS CLUB.
All Independent distributor living in the United States are required to
provide tax ID and/or their social security number should their
commissions exceed $600.00 for any calendar year. Failing to do so may
result in backup withholding or termination.
All PROMOTIONS CLUB independent Distributor a must pay a Anual
membership fee of $55.00 and a monthly membership fee of $39.95 per
selected Independent Distributor membership plan to maintain their
benefits and have rights and access to all products, services, and
training materials.
All members recognize that the credit card they have on file will
continue to be billed $39.95 per the monthly membership selected on
this membership application every 30 days until and unless that member
cancels his/her membership with PROMOTIONS CLUB, just contacting at:
support@promotionsclub.com
We are not a licensed bank or a security firm.
There is no long term commitment or timeframe in which a member must
continue to remain active by paying their monthly membership fee.
Members may cancel their membership at any time for any reason simply
by logging into their PROMOTIONS CLUB online members and clicking on
the User and Billing Info link where they are required to follow or
contact at: support@promotionsclub.com to cancel their membership. No
commissions can be earned by inactive members.
I hereby authorize Star Promotions Enterprises, LLC, to electronically
withdraw payment from my checking account, credit or debit card for any
order I place directly. Promotions Club is authorized to withdraw
payment equal only to the amount of the products or services that I
order, plus applicable sales tax and shipping and handling; or for the
amount of the monthly membership fee I have established. In the event a
check or charge is dishonored for any reason, I have to pay $20.00 usd
for service fee.
Cancellation and Refund Policy
Promotions Club maintains a 3 day 100% refund policy. You must cancel
your subscription within 3 days of upgrading or buying to any of our
Membership Plans or Products and Services to be eligible for a refund.
After you have been a subscriber for 3 days, no refunds either partial
or full are given.
The same 3 day policy applies to the monthly subscription payment. You
can cancel your subscription within 3 days of the most recent charge
and be eligible for a refund for that month's subscription fee only.
After 3 days, no refunds either partial or full are given.
Refunds are only given if the 3 day eligibility requirement is met and
if the refund is requested. To request a refund, you must send an email
to support@promotionsclub.com including your Promotions Club username
and complete name.
6. PROMOTIONS CLUB INDEPENDENT DISTRIBUTOR and CUSTOMER WEB SITES
Promotions Club Independent Distributors and Customer may have their
own Internet web sites. It is the sole responsibility of each
Independent Distributor and Customer to ensure that its web site
content is accurate and that it fully complies with all Promotions Club
rules, policies and procedures, including without limitation,
Promotions Club`s Rules of Conduct & Distributor Policies,
United States Supplemental Rules, and all applicable federal and state
rules and regulations. Promotions Club DISCLAIMS ANY AND ALL LIABILITY
ARISING OUT OF OR RELATED IN ANY WAY TO INDEPENDENT DISTRIBUTOR and
CUSTOMER WEBSITES.
7. YOUR INFORMATION AND YOUR PRIVACY
If you provide information to the Site, you agree to provide accurate,
current and complete information about you where requested and you
agree to maintain and update such information as appropriate. Pursuant
to our privacy policy, we may disclose any information about you that
we collect through the Site or otherwise to third parties. For more
information, please see our full Privacy Policy Any changes to the
Privacy Policy will be effective immediately upon Notice. Your use of
the Site or other Offerings after such Notice will be deemed acceptance
of such changes. Be sure to review the privacy policy periodically to
ensure your familiarity with its most current version.
8. USER CONDUCT
You are responsible for any and all Content that you send to us.
You may not use the Site or other Offerings or any information that you
get from the Site or other Offerings to:
- interfere with any other user’s use of the Site or other
Offerings;
- conduct any unlawful activity;
- intentionally solicit or harm minors in any way;
- misrepresent your own identity or any affiliation that you may have;
- modify, adapt, sub-license, translate, sell, reverse engineer,
decompile or disassemble any portion of the Site or other Offerings;
- alter or remove any copyright, trademark or other proprietary rights
notices;
- “frame”, “mirror” or
“deep link” any part of the Site or other Offerings
without our prior written authorization; or
- link to any page within the Site or other Offerings from any web site
or web page that makes any claims.
9. USE OF E-MAIL ADDRESSES PROVIDED BY THE SITE AND ANTI SPAM POLICY
When using any e-mail address provided to you on or through the Site or
other Offerings, you agree not to transmit to any person or entity:
- any Content that is unlawful, fraudulent, threatening, abusive,
libelous, defamatory, vulgar, obscene, harmful, harassing, tortuous,
invasive of another’s privacy, hateful, or is racially,
ethnically or otherwise objectionable, or is subject to an agreement of
confidentiality, or infringes upon our or any third party’s
intellectual property or other rights;
- any non-public information about any company;
- any trade secret; or
- any computer code, files or programs (for example, a computer virus)
designed to interrupt, destroy, compromise the security of or limit the
functionality of any device.
- spamming is strictly prohibited. Spam is defined for this purpose as
sending an unsolicited message to any persons, entities, newsgroups,
forums, e-mail lists or other groups or lists unless prior
authorization has been obtained from the e-mail recipient which
explicitly permits sending e-mail communication to them, or unless a
business or personal relationship has already been established with the
e-mail recipient. IF YOU ARE “SPAMMED” BY SOMEONE
WHO IS SELLING OR DESCRIBING Promotions Club`s PRODUCTS OR BUSINESS
OPPORTUNITY, PLEASE CONTACT US PROMPTLY SO THAT WE MAY TAKE APPROPRIATE
ACTION.
- the use of false headers in e-mails or falsifying, forging or
altering the origin of any e-mail in connection with Promotions Club
and/or its products and services is prohibited.
- if a person or entity indicates that they do not want to receive
e-mail, you agree not to send e-mail to such person or entity. If a
person initially agrees to receive e-mail, but later asks to stop
receiving e-mail, you must abide by that request.
- Promotions Club prohibits engaging in any of the foregoing activities
by using the service of another provider, remailer service or
otherwise.
10. OUR PROPRIETARY RIGHTS
The Site and other Offerings and software used with the Site and other
Offerings contain information that is protected by copyrights,
trademarks, trade secret laws, service marks, patents and/or other
proprietary rights and laws (collectively, “Intellectual
Property Laws”). In addition, the Content contained within
the Site or other Offerings or in sponsor advertisements, in
information presented to you through the Site or other Offerings or in
information presented to you by advertisers is protected by
Intellectual Property Laws. You agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Site or other
Offerings, in whole or in part, unless authorized by us, in writing, to
do so.
11. OWNERSHIP AND RESTRICTIONS ON USE
©2008 Star Promotions Enterprises LLC, All Rights Reserved.
Star Promotions Enterpises owns and operates the Site and/or other
Offerings in conjunction with others pursuant to contractual
arrangements. You may not copy, reproduce, republish, upload, post,
transmit or distribute materials from the Site or other Offerings in
any way without our prior written permission. You may not modify any
materials contained within the Site or other Offerings nor use any
materials for any other purpose. You acknowledge that you do not
acquire any ownership rights in any intellectual property through your
use of the Site or other Offerings.
We grant you a limited, non-exclusive, non-transferable, non-assignable
license to use the Content on the Site solely for the purpose of
viewing the Site or other Offerings in the course of using the
Internet. Subject to the foregoing license, you may not make a
temporary or permanent copy of the Site or other Offerings or any
Content, on any media or for any purpose whatsoever. We do not transfer
the title to any Content to you. We retain all right, title and
interest in all Content. You may not sell, resell, decompile, reverse
engineer, disassemble or otherwise translate any of the software
portions of the Site or other Offerings to a human-readable form. You
may not transfer any portion of the Site or other Offerings to any
third party.
Promotions Club, our logo, and the name of the products produced,
marketed, sold or distributed by the Company, are trademarks and/or
service marks of Star Promotions Enterprises LLC. All other trademarks,
service marks, and logos used on the Site or other Offerings are the
trademarks, service marks or logos of their respective owners.
12. CONTENT IN THE SERVICES
- You understand that all information (such as data files, written
text, computer software, music, audio files or other sounds,
photographs, videos or other images) which you may have access to as
part of, or through your use of, the Services are the sole
responsibility of the person from which such content originated. All
such information is referred to below as the
“Content”.
- You should be aware that Content presented to you as part of the
Services, including but not limited to advertisements in the Services
and sponsored Content within the Services may be protected by
intellectual property rights which are owned by the sponsors or
advertisers who provide that Content to Promotions Club (or by other
persons or companies on their behalf). You may not modify, rent, lease,
loan, sell, distribute or create derivative works based on this Content
(either in whole or in part) unless you have been specifically told
that you may do so by Promotions Club or by the owners of that Content,
in a separate agreement.
- Promotions Club reserves the right (but shall have no obligation) to
pre-screen, review, flag, filter, modify, refuse or remove any or all
Content from any Service. For some of the Services, Promotions Club may
provide tools to filter out explicit sexual content.
- You understand that by using the Services you may be exposed to
Content that you may find offensive, indecent or objectionable and
that, in this respect, you use the Services at your own risk.
- You agree that you are solely responsible for (and that Promotions
Club has no responsibility to you or to any third party for) any
Content that you create, transmit or display while using the Services
and for the consequences of your actions (including any loss or damage
which Promotions Club may suffer) by doing so.
13. CONTENT LICENCE FROM YOU
- You retain copyright and any other rights you already hold in Content
which you submit, post or display on or through, the Services. By
submitting, posting or displaying the content you give Promotions Club
a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive
licence to reproduce, adapt, modify, translate, publish, publicly
perform, publicly display and distribute any Content which you submit,
post or display on or through, the Services. This licence is for the
sole purpose of enabling Promotions Club to display, distribute and
promote the Services and may be revoked for certain Services as defined
in the Additional Terms of those Services.
- You agree that this licence includes a right for Promotions Club to
make such Content available to other companies, organizations or
individuals with whom Promotions Club has relationships for the
provision of syndicated services, and to use such Content in connection
with the provision of those services.
- You understand that Promotions Club, in performing the required
technical steps to provide the Services to our users, may (a) transmit
or distribute your Content over various public networks and in various
media; and (b) make such changes to your Content as are necessary to
conform and adapt that Content to the technical requirements of
connecting networks, devices, services or media. You agree that this
licence shall permit Promotions Club to take these actions.
- You confirm and warrant to Promotions Club that you have all the
rights, power and authority necessary to grant the above licence.
14. IDEA SUBMISSIONS
If you submit any ideas, suggestions or testimonials to us, we have the
right to use your submission without charge in any manner that we deem
appropriate, including posting on the Internet. You may only post ideas
and material to this Site if you have obtained appropriate copyright
and other permission to post such materials and to permit us to use
such material without restriction. You agree that you will not violate
or infringe the rights of third parties, including privacy, publicity
and intellectual and proprietary rights, such as copyright or trademark
rights.
15. TESTIMONIALS
The people giving product or business opportunity testimonials on our
Site or other Offerings reflect the actual experience of each
individual, are anecdotal only, and may be atypical.
16. LINKS
We may provide links to third party web sites or resources. Our
provision of such links is not an endorsement of any information,
product or service reached through such link. Since we do not have any
control over third party web sites or resources, we cannot be held
responsible or liable for any Content, or for your reliance on any
Content, found on such third party web sites or resources.
17. ERRORS
Although we attempt to maintain the integrity of the Site and other
Offerings, we make no guarantee as to the accuracy or completeness of
the Site or other Offerings. If you believe that you have discovered an
error in the Site or other Offerings, please contact us at:
support@promotionsclub.com and include, if possible, a description of
the error, its URL location and your contact information. We will make
reasonable efforts to address your concerns.
18. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
By using the Site or other Offerings, you expressly agree that:
- The Site and other Offerings are provided on an “as
is” and “as available” basis. We disclaim
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.
- We do not make any warranty that (i) the Site or Offerings will meet
your requirements; (ii) the Site or other Offerings will be
uninterrupted, timely, secure or error-free; (iii) the results that may
be obtained from the use of the Site or other Offerings will be
accurate or reliable; or (iv) any errors in the Site or other Offerings
will be corrected.
- Your use of the Site or other Offerings is at your sole risk. Advice,
statements or opinions should not be relied upon when making important
personal, legal or financial decisions. You should consult a
professional to obtain specific advice appropriate to your
circumstances. You are solely responsible for any damage to you or to
any third party caused, directly or indirectly, by any material that
you download or obtain through the Site or other Offerings. We may not
be held liable for any damages or harm attributable to viruses or other
destructive materials.
- We make no representations or warranties regarding independent
distributor or customer web sites, including warranties of
merchantability or fitness of purpose. You should not rely on any
representations or warranties contained on any independent distributor
and customer web sites.
- The Company must approve any additional warranties in writing.
You agree not to hold us, our officers, directors, employees, agents,
designees, representatives, independent distributors, or our suppliers
liable for any direct, indirect, incidental, special, consequential or
exemplary damages (including, for example, damages for loss of profits,
loss of goodwill, and loss of data), even if we have been advised that
such losses may occur, which result from:
- your inability to access your registration data at any time;
- your participation as an Promotions Club Independent Distributor;
- your use or inability to use the Site or your purchase or use of
other Offerings;
- unauthorized access to or alteration of your transmissions or data;
or
- the acts of any third party related to the Site or other Offerings.
You hereby waive any claims with respect thereto, whether based on
contractual, tort or other grounds, even if we have been advised of the
possibility of such damages. Depending on the applicable jurisdiction,
some of the limitations contained in this Section may not apply to you.
19. INDEMNIFICATION
You agree to indemnify, defend and hold us, our officers, directors,
employees, agents, designees, independent Distributors and
representatives harmless from and against any and all claims, damages,
losses, costs (including reasonable attorneys’ fees) or other
expenses that arise directly or indirectly out of or in any way related
to:
- your acts or omissions in connection with the Site or other
Offerings;
- the acts or omissions of any person in connection with the Site or
other Offerings using your account;
- your purchase or use of the Site or other Offerings and the purchase
or use of the Site or other Offerings by any person using your account;
- breach of any provision of this Agreement;
- any allegation that any materials submitted to us, transmitted to us
or through the Site or other Offerings infringe or otherwise violate
the copyright, trademark, trade secret or other intellectual property
or other rights of any third party; and/or
- violation of the rights of any party, including without limitation
any claims of libel, defamation, violation of rights of publicity,
trespass, and infringement of intellectual property or other
proprietary rights.
If we make a claim for indemnification, you agree to seek and receive
written permission from us before agreeing to settle any claim or
action.
20. TERMINATION; MODIFICATION
At any time and for any reason, we may terminate your use of and access
to the Site or other Offerings. At any time and for any reason, we may
modify or discontinue providing the Site or other Offerings, or any
part thereof, with or without notice to you. No notice is required to
effect any termination right of any party. You shall not hold us
responsible or liable for any direct, indirect, incidental, special,
consequential or exemplary damages due to our modification or
discontinuation of the Site or other Offerings or our termination of
your access to the Site or other Offerings.
21. UNITED STATES LAW
If you choose to access the Site or other Offerings from locations
outside of the United States, you are responsible for compliance with
local laws if, and to the extent that, such local laws are applicable.
All software used on the Site or other Offerings is subject to U.S.
export controls. No such software may be downloaded or otherwise
exported or re-exported (i) into (or to a national or resident of)
Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to
which the U.S. has embargoed goods; or (ii) to anyone on the U.S.
Treasury Department’s list of Specially Designated Nationals
or the U.S. Commerce Department’s Table of Deny Orders. By
downloading or using any such software, you represent and warrant that
you are not located in, under the control of, or a national or resident
of any such country or on any such list.
We reserve the right, in our sole discretion, to limit the availability
of the Site or other Offerings to any person, geographic area or
jurisdiction at any time.
22. MISCELLANEOUS
The laws of the State of Nevada apply to this Agreement. Any dispute
between you and us must be brought before state or federal courts
located in State of Nevada If a court finds a portion of this Agreement
unenforceable, the rest of this Agreement will continue to apply. This
is the entire Agreement between you and us relating to the Site or
other Offerings and this Agreement replaces all prior written or oral
agreements that may have existed between us. You cannot transfer your
rights or obligations under this Agreement to anyone without our
written permission. Our failure to enforce any provision of this
Agreement does not waive our right to enforce the same provision in the
future. The headings contained in this Agreement are for informational
purposes only, but are not, themselves, enforceable provisions of this
Agreement.
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