EMPOWR TERMS OF SERVICE AGREEMENT
PLEASE READ THIS EMPOWR TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING THE SERVICES ON THE EMPOWR WEBSITE AVAILABLE AT EMPOWR.COM (THE "WEBSITE"), INFORMATION, OR SERVICES PROVIDED ON, THROUGH OR BY EMPOWR, WHETHER ON EMPOWR.COM OR ACCESSING ELECTRONIC COMMUNICATIONS INCLUDING BUT NOT LIMITED TO EMAILS, OR WEB SITES ON THE WORLD WIDE WEB, ("EMPOWR NETWORK"), YOU AGREE TO ABIDE BY THESE TERMS.
IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT ENTER, ACCESS, VIEW, DOWNLOAD, OR OTHERWISE USE ANY WEB PAGE, ELECTRONIC COMMUNICATION, MOBILE APPLICATION, INFORMATION OR SERVICE OF THE EMPOWR NETWORK. THESE TERMS AND CONDITIONS APPLY REGARDLESS OF HOW YOU ACCESS THE EMPOWR NETWORK AND WHETHER OR NOT YOU ARE ACCESSING THE EMPOWR NETWORK ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY WHERE SUCH ENTITY MAY HAVE A SEPARATE AGREEMENT WITH EMPOWR.
Users who violate the terms of this Agreement will have their Empowr account ("Account" or "Empowr Account") terminated and may permanently be banned from using or accessing Empowr or any other services provided by or through the Empowr Network.
I. DESCRIPTION OF SERVICES
Empowr's mission is to connect people locally and world wide and enable them to be more connected with current contacts and to meet new friends. The community also allows avatars and alter-ego personalities into the community, some of which may be acting on Empowr's behalf. Empowr is an informational and entertainment service. Each user may have a profile (which may be accessible on the web and/or using mobile devices) ("Profile") and provides users with access to a collection of services and resources, which may include various communication tools, content, information, applications, tools, blogs, and programming offered from time to time through the Empowr Network. The services described in this section and in this Agreement, all web pages, information and/or services collectively or independently viewed, accessed, downloaded, or otherwise used on or available through the Empowr Network are referred to herein as the "Services". Empowr reserves the right, without liability to you or any third party, to modify or discontinue, temporarily or permanently, in whole or in part, the Services without notice pursuant to Article XXII regarding termination.
Information collected about you, including your Profile, Registration Data, your usage trends, Earnings on the Empowr network, connections, activity, social influence, and other general and personal information may be publicly available. If you do not consent to the public availability of such information, your sole remedy is termination under Article XXII.
Empowr reserves the right to track information and trends on users and their online actions actions, including but not limited to the purchase and performance of advertisements, and to share such information and trends with other users, third parties having a business relationship with Empowr, or generally to make such information publicly available.
II. YOUR OBLIGATIONS
A. Applicable Laws and Terms of Service
You agree to comply with all applicable laws and this Agreement as may be amended from time to time with or without notice to you. You may review the most current version of this Agreement at: Terms of Service.
B. Service Eligibility
To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having an account on the Empowr Network; (3) are not a competitor of Empowr or are not using the Services for reasons that are in competition with Empowr; (4) will only maintain one Empowr account at any given time; (5) have full power and authority to enter into this Agreement and that doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of Empowr, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and Internet access you may need to use the Services.
C. Login ID and Password
You agree to: (a) provide, maintain, and update true, accurate, current, and complete information prompted by the Services' registration and account forms (such information collectively is the "Registration Data"); (b) not permit others to use your Empowr Account; and (c) refrain from using an account held by another Empowr user. Further, you are solely responsible for any activity occurring through the use of your Account unless and until you affirmatively delete your Account or prove that your Account security was compromised due to no fault of your own. You agree (a) to immediately notify Empowr of any unauthorized use of your password or Account or any other breach of security, and (b) to ensure that you exit from your Account at the end of each session. Empowr cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
If you provide any Registration Data that is untrue, inaccurate, not current, or incomplete, or Empowr has reasonable grounds to suspect that your Registration Data is untrue, inaccurate, not current, or incomplete, Empowr has the right to suspend or terminate your Account and refuse you any and all current or future use of the Services, withhold payment or terminate the payment obligation, or any portion thereof without notice to you.
Empowr owns all proprietary rights to the Website and services provided by empowr. We hereby grant you, subject to these Terms of Service, a personal, non-exclusive, non-assignable, limited and revocable license to view and use the Website. That said, you own any information or content you provide, directly or indirectly to or on the Empowr Network, including but not limited to any user generated content, ideas, concepts, techniques, or data you submit to or through the Empowr Network (collectively "User Generated Content"). You may request the deletion of your User Generated Content at any time, unless you have shared such User Generated Content with others, either directly or by publishing information or content in public forums including but not limited to on your Profile, and they have not deleted it, or such User Generated Content was copied or stored by others on the Empowr Network or elsewhere. You grant Empowr a nonexclusive, irrevocable, world-wide, perpetual, unlimited, assignable, sublicenseable, fully paid up, and royalty-free license to copy, create derivative works of, improve, distribute, publish, display, remove, reproduce, retain, transmit, add, process, analyze, use, and/or commercialize, in any way now known or in the future discovered, any User Generated Content, without any further consent, notice and/or compensation to you or to any third parties. You further agree that the aforementioned license extends to any website, system, or network operated by a third party ("Third Party Network") you may access using or in connection with the Services.
Any information you submit to or through the Empowr Network is at your own risk of loss.
You represent and warrant that you are entitled to submit that User Generated Content and that it is accurate and not confidential, and that such submission is not in violation of any contractual restrictions or other third party rights.
In order to engage in any transaction on or through the Empowr Network, you may be asked to provide certain financial information including credit card information, mobile phone number, payment address, EIN, or social security number (such information collectively is the "Financial Data"). You agree to provide, maintain, and update true, accurate, current, and complete Financial Data.
If you provide any Financial Data that is untrue, inaccurate, not current, or incomplete, or Empowr has reasonable grounds to suspect that your Financial Data is untrue, inaccurate, not current, or incomplete, Empowr has the right to suspend or terminate your Account and refuse you any and all current or future use of the Services, withhold payment or terminate the payment obligation, or any portion thereof without notice to you.
If you purchase any services on or through the Empowr Network offered by Empowr or third parties for a fee, either on a one-time or subscription basis (collectively, the "Premium Services"), you agree that Empowr may store any information you provide including but not limited to Registration Data and Financial Data. You also agree to pay the applicable fees for Premium Services including, without limitation, subscription fees for premium accounts as such fees become due plus all related taxes, and to reimburse Empowr for all collection costs and interest for any overdue amounts. For those Premium Services provided on a subscription basis, your obligation to pay fees continues through the date you cancel your subscription to such Premium Services and until you have paid all fees and charges owing as of that date. All fees and charges are nonrefundable and there are no refunds or credits for partially-used periods. You may cancel your Premium Services by contacting Empowr at firstname.lastname@example.org. You further acknowledge that the Premium Services are subject to this Agreement and any additional terms provided in connection with the provision of the Premium Services.
If you purchase Premium Services by providing your mobile phone number account and authorizing Empowr to charge that mobile phone account, then all purchased Premium Services, whether or not they are delivered to or accessible by you, may result in a premium message charge on your mobile phone account. Your mobile service provider may charge you additional fees in connection with delivering the Premium Services. Please check your agreement with your mobile service provider to determine whether such fees apply. If you do not wish to receive messages on your mobile phone from Empowr, its users, and/or its third party applications on the Empowr Network, reply "stop" to any such received message, and that specific type of text message or service will stop unless and until you authorize Empowr or its users or third parties to resume delivering that service. To stop premium billing messages from all Empowr products, its users and third party applications on the Empowr Network reply "stop all" to any such received message. You may also cancel some or all of your Premium Services by contacting Empowr at email@example.com.
Empowr includes opt-out instructions in all text messages sent in connection with Premium Services. Please note that the "stop all" text reply will cancel your Premium Services; however, unless otherwise required by your mobile service provider or applicable regulatory body, your Empowr Account will remain active. Unless otherwise stated, all fees relating to the Premium Services are stated in United States dollars.
You acknowledge and agree that Empowr may modify the Services at any time and that Empowr specifically reserves the right from time to time to alter the selection, functionality, and pricing of the Premium Services, free Services, and any other offerings, or to eliminate any Services (including the Premium Services) in whole or in part, with or without notification to you. Please check back often to understand the latest and current offerings, and simply reply "stop all" to any premium text message received by you from Empowr to cease all billing subscriptions for that Premium Service.
You acknowledge that Empowr shall not be responsible or liable in any way for any content, service, or offering that you may purchase via the Services including the accuracy, usefulness, or availability of such. Empowr reserves the right to restrict or deny access to content, services, or offerings at any time which you may have purchased. If such restriction or denial of access occurs, you may be entitled to a refund for your payment during that particular month, or portion thereof, in the sole discretion of Empowr.
III. Notifications to Empowr
If you believe that you are entitled or obligated to act contrary to this Agreement under any law, court order, or other legal process, you agree to provide Empowr with a detailed and substantiated explanation of your reasons in writing as set forth below at least 30 days before you intend to act contrary to this Agreement, or as soon as possible after you learn of such entitlement or obligation, in order to allow Empowr to assess whether it may, in Empowr's sole discretion, provide an alternative remedy or seek judicial relief from the entitlement or obligation, though Empowr is not required to do so. All notifications shall be addressed as follows: Empowr, Attention Legal Department, 501 West Broadway, Suite A182, San Diego, CA 92101, USA. or call (877) 978-1761
IV. Notifications and Communications to You
Empowr may deliver all service messages, notices, promotions, user interactions with current contacts and new contact introductions, third-party services and information about the Services to you by email to an email address associated with your Account, even if Empowr has other contact information for you. You also agree that Empowr may communicate with you through your Account on the Empowr Network or using any contact information you have provided including an email address, mobile phone number, telephone, or via a delivery service including the U.S. Postal Service or commercial carrier. You acknowledge and agree that Empowr shall have no liability associated with or arising from your failure to maintain accurate Registration Data and Financial Data, including, but not limited to, relating to your inability to receive information or payments from Empowr about the Services.
V. Mobile and Third Party Applications & Services
Empowr may offer the Services through mobile and web applications, blogs, information, and services created by Empowr or third-party developers and bloggers ("Platform Developers").
If you access or use the Services through a mobile device, you agree that information about your access or use of the Services through your mobile device and service provider may be communicated to Empowr, including but not limited to the identity of your mobile provider and your particular mobile device, your mobile phone number, your data usage and associated actions, and/or your physical location. In addition, your use of the Services through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Services using a mobile device, you represent that to the extent you import any of your data to your mobile device that you have authority to share the transferred data with your mobile provider or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Registration Data to ensure that you continue to receive messages from Empowr. You acknowledge you are responsible for all charges and necessary permissions related to accessing the Empowr Network, including Services offered by Platform Developers, through your mobile provider. Therefore, you should check with your mobile provider to determine whether the Services are available and to determine the terms under which the Services for your specific mobile device and mobile account plan are available.
Please note, that by using, accessing, or downloading any application, information, or services from any Platform Developer, you accept any terms and conditions provided in connection with that application, information, or services as such terms and conditions may be updated from time to time.
VI. User Communications and Information Posting/Sharing
Empowr offers access to various user communication applications and tools provided by Empowr or Platform Developers or Third Party Providers such as blogs, comments, wall postings, emails, digital gifts, forums, and other Services where you can post your observations, comments, and photos and access similar content posted by other users. Ideas you post and information you share may be seen and used by other users, and Empowr can neither guarantee nor control if or how other users will use the ideas and information that you share on the Empowr Network. Therefore, if you have an idea or information that you would like to keep confidential or do not want others to use, or that is subject to third party rights that may be infringed by your sharing of it, do not post such information on or through the Empowr Network. EMPOWR IS NOT RESPONSIBLE FOR THE MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST, SHARE, LINK TO, DOWNLOAD, OR ACCESS ON THE EMPOWR NETWORK.
Some profile information will be publicly available for viewing and should be regarded for entertainment purposes only. One benefit of the Service is to enable users to meet and interact with other users. To promote community, Empowr facilitates user interaction and communication by using Empowr's proprietary community technology ("community algorithm"). The purpose of the community algorithm is to ease the progression for newer community users to become active community participants and to continuously engage all users to use the Services. Empowr also employs community representatives who, among other tasks, remove pornography, hate-communications and other objectionable material, assist users by answering questions, and help groups, clubs and especially users to become active participants of the community. Empowr and its community representatives reserve the right to communicate directly with users through any of the community tools provided, as well as to use automation to do some or all parts of their jobs, including the removal or modification of photos, pornography, or hate communications, as well as to communicate with users through the Empowr Network, mobile phone applications, email communications, or text messaging, with the objective of encouraging users to become active users of the community. For security purposes, community representatives may use simulated or assumed identities, photos and interests in their profiles. You agree that your public profile information, including but not limited to your display name, photograph, interests and greeting may be utilized by the community representatives or community technology to encourage other users to communicate with you or to interact with the Service. If you do not log in to your Account for over forty (40) days (an "Inactive Account"), your Account may be terminated, suspended, or modified without notice to you.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including but not limited to the release of new Empowr properties, shall be subject to this Agreement. You understand and agree that the Service is provided "AS-IS" and that Empowr assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, information, data, blog entries, media files, social connections, earnings records, advertisements, account performance, or personalization settings, or for the accuracy thereof.
Empowr provides an opportunity for users to express their own opinions and share information and opinions. Short of certain restrictions listed herein, users are free to post their own opinions, which do not reflect the opinion of anyone at Empowr., and are not endorsed by Empowr. Although we will moderate the forum in order to remove objectionable material, we may not always get to it immediately. Therefore, you agree when you register as a Member that you understand all posts reflect the opinion of the poster, not the opinion of Empowr., and in order to participate, you waive your right to hold Empowr. legally responsible for the content of individual posts.
VIII. Export Control
Your use of the Services, including any associated software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving United States origin products, including services or software.
IX. User Conduct, Content, and Information
A. User Conduct and Content
You acknowledge that all User Generated Content, whether publicly posted or privately transmitted, are your sole responsibility. Accordingly, you, and not Empowr, are responsible and liable for all activities conducted through your Account. Empowr does not control any User Generated Content posted to or transmitted using the Service and, as such, does not guarantee the accuracy, integrity, or quality of such User Generated Content. You understand that by using this Service you may be exposed to User Generated Content that is offensive, indecent, or objectionable. Under no circumstances will Empowr be liable in any way for any User Generated Content, including but not limited to, any errors or omissions in any User Generated Content, or for any loss or damage of any kind incurred as a result of the user of any User Generated Content posted, emailed, sent via SMS or otherwise transmitted via the Service.
Empowr may terminate or suspend your Account for any reason, including but not limited to in response to you taking the following actions while using the Services:
You understand and acknowledge that differing countries, societies, and governments may hold their citizens, companies, and visitors to a different standard of conduct and speech (legal, ethical, moral and/or religious), and in this regard your Services may be terminated or suspended if they offend the conduct and speech standards of the country they are in or are transmitting in to. Considerations include:
You acknowledge that Empowr does not pre-screen Content, but that Empowr may, in its sole discretion, reject or modify any Content that is available via the Services for any reason, including but not limited to that Empowr deems such Content to violate this Agreement or be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, your use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You further acknowledge that you may not reasonably rely on any Content created by Empowr, transmitted through the Service or a third party partner of Empowr, or submitted to Empowr for any purpose.
B. Retention of Content
You acknowledge and agree that Empowr may, but is not obligated to, retain Content and may disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, including but not limited to criminal and civil subpoenas, court orders, or other compulsory disclosures; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties, whether or not the third party is another user, individual, or government agency; (d) respond to customer service inquires; or (e) protect the rights, property, or personal safety of Empowr, its users, it employees, agents, officers, or shareholders, or the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
X. Your Rights
A. Service Access
Provided that you comply with all your obligations under this Agreement, Empowr grants you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable right to access, through a generally available web browser or mobile device or application (but not through automated means such as scraping, spidering, crawling or other similar technology or software without the express written consent of Empowr), view information and use the Services in accordance with this Agreement. Any other use of the Services is strictly prohibited and a violation of this Agreement. Empowr reserves all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Empowr, the Empowr Network, the Services and all related items.
B. Service Availability
For as long as Empowr continues to offer the Services, Empowr shall provide and seek to update, improve and expand the Services. Empowr allows you to access the Empowr Network and Services as they may exist and be available on any given day and has no other obligations, except as expressly stated in this Agreement. Empowr may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or change and modify prices for all or part of the Services in Empowr's sole discretion. All of these changes shall be effective upon their posting on the Empowr Network or by direct communication to you unless otherwise noted, as determined by Empowr in its sole discretion. Empowr further reserves the right to withhold, remove, or discard any Content available as part of your Account, with or without notice, if deemed by Empowr to be in violation of this Agreement. In addition, Empowr features and Services may vary among users and may not be comparable for all users, depending on many factors, including but not limited to the user's location, community prominence, participation, and subscription to Premium Services.
XI. Use and Storage
You acknowledge that Empowr may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that messages or other uploaded Content will be retained by the Services, the maximum number of messages that may be sent from or received by an account on the Services, the maximum size of any message that may be sent from or received by an account on the Services, the maximum disk space that will be allotted on the Empowr servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that Empowr has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Services. You acknowledge that Empowr reserves the right, but not the obligation, to terminate an Inactive Account. You further acknowledge that Empowr reserves the right to change these use and storage practices and limits at any time, in its sole discretion, with or without notice.
For avoidance of doubt, Empowr has no obligation to store, maintain, or provide you a copy of any Content that you or other users provide when using the Services.
XII. Dealings with Advertisers, Users, Third Parties & Platform Developers
A. Advertisers and Other Users
Your correspondence or business dealings with, or participation in promotions of, any advertiser and/or third party content provider, Platform Developer (including blog content providers), business entity or person (collectively "Third Party Provider") found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Party Provider. You agree that Empowr shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Third Party Provider on the Services.
In addition, Empowr does not regulate user interactions with other users dealings or with Third Party Providers, therefore, in the event you have a dispute with one or more users or Third Party Providers of the Services, you agree that Empowr shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such user or Third Party Provider on the Services. You are solely responsible for your interactions with other users and Third Party Providers. Empowr reserves the right, but has no obligation, to monitor disputes between you and other users, including Third Party Providers, and to terminate, suspend, or modify your Account if Empowr determines, in its sole discretion, that doing so is necessary to enforce this Agreement.
The Services may provide, or a Third Party Provider may provide, links to other World Wide Web sites or resources. Because Empowr has no control over such sites and resources, you acknowledge and agree that Empowr is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Empowr shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
C. Empowr Platform Applications
Empowr may also enable Platform Developers and Third Party Providers to create services, blogs, information and applications ("Platform Applications") that provide features, information, data, writings, and functionality which may use your Registration Data, Financial Data, or User Generated Content and developer tools made available by or through the Empowr Network or other third parties.
Empowr is not responsible for and does not endorse any features, services, content, advertising, products or other materials on or available from Third Party Providers including Platform Developers and their Platform Applications. Empowr does not screen, audit, or endorse Platform Applications. Therefore you access Third Party Provider services, content and/or Platform Applications at your own risk and agree that your use of such is on an "AS-IS" basis without any warranty from Empowr as to the actions of the Third Party Provider.
XIII. Advertising Terms, Conduct, and Content
Users and Third Party Providers can buy advertisements on the Empowr Network. The following terms apply to the purchase of advertisements. In order to submit an advertisement for delivery on the Empowr Network, you must provide Empowr, at a minimum, 1) recommendations regarding the appropriate subject matter classification of the advertisement, 2) criteria regarding the delivery of the advertisement, including frequency or duration or both, and 3) the amount you desire to spend in connection with that advertisement. You agree that it is your sole responsibility to use the tools provided by Empowr to submit such information. Empowr's tools may provide or suggest values for such information, but it is your responsibility to review such information and modify it if you do not agree with it. You must use such provided tools and you assume full responsibility for the information you provide Empowr relating to your advertisement, including any information suggested by Empowr that you do not modify. Empowr is not responsible for reviewing the information you provide in connection with your advertisement or arising from your inability to use Empowr's provided tools to achieve any particular result, including generating Earnings or any other type of benefit.
B. Blogger VIP
You may be provided an opportunity to participate in Empowr's Blogger VIP advertising program. If you elect to participate in the Blogger VIP program, you agree to comply with any additional terms and conditions presented to you in connection with that program.
C. Empowr Has the Right to Review and Reject Any Advertisement.
After you have submitted an advertisement as described above, Empowr may, in its sole discretion, and for any reason whatsoever, elect to not deliver your advertisement on the Empowr Network. If Empowr does not accept your advertisement, it will not charge you the amount you indicated you intended to spend in connection with that advertisement, but reserves the right to charge a reasonable fee, which in no case will exceed $25, in association with reviewing and processing your advertisement.
D. Placement of Your Ad
If Empowr accepts your advertisement, it will deliver your advertisement as inventory on the Empowr Network becomes available either in specific subject matter categories or in broader, general categories. When delivering your advertisement, Empowr will undertake commercially reasonable to deliver the advertisement based on your recommendations regarding the subject matter of the advertisement. However, Empowr cannot guarantee any specific results from running your advertisement or that it will actually be seen by any particular user or kind of user on the Empowr Network.
Empowr does not represent or warrant that the purchase of advertisements will result in any benefit whatsoever, including but not limited to financial, in-kind or otherwise for you or any third party. Money spent by you toward the purchase of advertisements may not be recovered by you at any time. You acknowledge and waive any rights or expectations relating to advertising availability, consistency, or performance and hold Empowr harmless from any claims arising from or relating to advertising undertaken by Empowr on your behalf. By submitting an advertisement for delivery on the Empowr Network, you also agree to the following:
E. Prohibited Content
XIV. Empowr Earnings
A. Eligibility to Receive Earnings
Empowr may award you virtual currency in the form of earnings ("Earnings") in connection with your use of the Services. Your investment of content, earnings, time, payments, including the purchase of Advertisements on the Empowr Network and relationships, may never materialize or result in any direct or implied benefit or asset for you. Any Earnings, payments, or in-kind benefits will be made solely in the discretion of Empowr, and you waive any rights to receive revenues, profits, Earnings, and any value of any kind other than any of the foregoing actually paid you by Empowr.
Inactive Accounts are not eligible to receive Earnings. Empowr may award Earnings based on numerous factors, including but not limited to (i) the volume of traffic your blogs or advertisements receive, (ii) the source of that traffic, (iii) the activity engaged in by visitors to your blogs, User Generated Content, or advertisements, (iv) the nature and quality of your blog, User Generated Content, or advertisement, (v) the amount of Earnings then available for distribution from the Active Blogger Pool (as defined below); and (vi) other criteria which Empowr may or may not disclose to you or to other Empowr users in its sole discretion. Empowr is not obligated to disclose the basis for its award of Earnings to you or any other user or the manner in which it calculated such award, but in no circumstance will an award of Earnings be based, in whole or in part, on any element of chance. You understand that the presence of any one of these factors does not in and of itself guarantee a generation of Earnings.
Additionally, Empowr may provide you with free or promotional Earnings. Such Earnings are subject to expiration, return to the Active Blogger Pool or forfeiture at any time, with or without notice to you.
Empowr reserves the right to deduct Earnings from your account at any time if Empowr determines that such Earnings arose in connection with or your Account are in any way associated with the following, whether or not such connection was prior, simultaneous or after the Earnings were generated:
B. Use of Earnings
You may have opportunities to use or redeem Empowr Earnings in connection with various promotions or offerings on Empowr including, but not limited to, purchasing advertisements as described in Article XIII.
Empowr may also permit you to withdraw some or all of your Earnings as cash or as a cash equivalent. In order to cover the fees and costs of such withdrawal, Empowr may, in its discretion, require that your total Earnings or the amount of your requested withdrawal exceed a certain amount. Other than as expressly provided herein, Earnings are not redeemable for any sum of money or monetary value from Empowr.
Earnings may not be transferred from your Account to the account of another Empowr user or any other third party except as specifically authorized by Empowr in writing.
C. Active Blogger Pool
Empowr will maintain an Active Blogger Pool of Earnings. Earnings in the Active Blogger Pool will be used to fund the award of Earnings as described above. You agree that Empowr may or may not, in its sole discretion, disclose the aggregate amount of funds in the Active Blogger Pool to you or to other users or to any third party. You agree that Earnings will only be available from the Active Blogger Pool contingent upon the Active Blogger Pool being adequately funded as determined by Empowr in its sole discretion. Any Earnings or credit associated with an Inactive Account may be subject to transfer, in Empowr's discretion and without notice, to the Active Blogger Pool, regardless of whether that Inactive Account has been terminated.
You waive all rights to rely upon or know the availability, consistency, reliability or criteria for which the Active Blogger Pool may or may not be funded. The method of calculation, algorithm criteria, Active Blogger Pool availability is expected change and therefore, you understand that Empowr makes no representation as to the Active Blogger Pool or Earnings.
XV. Payment Terms; Promotional Offers; Knowledge Investor Program
A. Payment Terms
If you make or accept a payment, if you access or make content available on the Blogs Service, if you access the Developer Platform, if you access or make available Platform Applications, content, services or information on the Empowr Network, you agree to all posted guidelines and terms on the Empowr Network in regards to such transaction.
B. Platform Developers
If you are a Platform Developer, Third Party Provider, or operator of a Platform Application (including but not limited to websites, content, information, and applications), the following additional terms apply to you:
From time to time at its sole discretion Empowr may make special offerings to you of "free money" or "gift certificate" type promotional credit. You understand, agree and acknowledge that although the term "free money" or "gift certificate" is used, such equates to Empowr credits, in accordance with the terms of each special offering. You acknowledge that verification of your mobile phone or other criteria may be required for redemption of any such offer from Empowr and that these credits are solely for use with the certain Empowr Services specified for that promotion and are not redeemable for cash. These promotions will also be subject to specific time limits and limitations on redemption and usage. "Unless specified otherwise by the express terms of a promotion, campaign or contest ("Promotion"), you agree that any monies deposited into your account pursuant to the Empowr Promotion will be forfeited by you automatically if your account becomes an Inactive Account. Further, Empowr reserves the right to terminate your Inactive Account without further notice to you.
C. Third Party Provider Payments
Empowr may from time to time make payments to Third Party Providers based on a combination of factors, including but not limited to, in whole or in part, to any of the following criteria: effectiveness in acquiring new members for Empowr, number of users subscribing to your post or fans of your Platform Application, and other criteria which Empowr may or may not disclose to you or to other Empowr users in its sole discretion.. You agree that Empowr has the right in its sole discretion to determine those applications entitled to payouts to the exclusion of other applications, or no payouts to applications at all. Empowr reserves the right to discontinue payments at any time or to modify the factors taken into account for payment without advance notification. Empowr further reserves the right to reduce payments based on community ratings, user complaints and number of opt-outs from the Service related to Third Party Provider content. Empowr is not obligated to disclose the basis for the award of payouts to you or any other user or the manner in which it calculated such award, but in no circumstance will an award of payouts be based, in whole or in part, on any element of chance.
Due to payment processing costs, Empowr reserves the right to establish a minimum amount earned by a Third Party Provider and available for payout prior to making any payments to a Third Party Provider account. Until such time as a Third Party Provider's account exceeds the minimum payout amount, Empowr will not be obligated to make any payments whatsoever. In the event a Third Party Provider cancels their Empowr membership or their account is terminated for any reason prior to earning the minimum payout amount, Empowr will not be obligated to make any payments whatsoever. Amounts remaining in a Third Party Provider's account that are less than the minimum payout amount will be deemed a termination charge to cover costs of closing a Third Party Provider's account.
Notwithstanding the foregoing, Empowr reserves the right to refund any amount for any reason, but under no circumstances shall be obligated to do so.
D. Knowledge Investor Program
From time to time, Empowr may offer what it calls its Knowledge Investor program. The Knowledge Investor program is a means for content providers ("Knowledge Producers") and advertisers ("Knowledge Promoters") to ensure they capture readership from Empowr users. Although the Knowledge Investor allows users to earn money through submitting winning bids, it should not be used as a means to generate income but rather as a means to build a Empowr account to invest within the community.
The Knowledge Investor program is structured so that only "winning" bids will be accepted, and no funds will be drawn or used unless and until a Knowledge Investor's bid is accepted as the winning bid. It is not a loan or the purchase of a security or investment. At no point is money invested with risk of loss and Knowledge Investors are not purchasing a promissory note or other investment instrument.
Although you are referred to on the Website as a "Knowledge Investor," you are not actually lending your money or investing your money directly to Empowr users, but are, instead, committing to provide funds if, and only if, your bid is the winning bid and the amount you designate to be returned to you is assured and deposited in your Empowr account.
XVI. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services or the Empowr Network.
You will release, indemnify, defend and hold harmless Empowr, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement, (2) the Services or your use of the Services, (3) any intellectual property or other proprietary right of any person or entity, (4) your violation of any of the provisions of this Agreement, (5) any information or data you supplied to Empowr, including, without limitation, any Content you submit, post to, or transmit using the Services, or (6) any information or data you purchased or received from third parties on or through the Services. When Empowr is threatened with suit or sued by a third party, Empowr may seek written assurances from you concerning your promise to indemnify Empowr; your failure to provide those assurances may be considered by Empowr to be a material breach of this Agreement. Empowr will have the right to participate in any defense by you of a third-party claim related to your use of any of the Services, with counsel of Empowr's choice at its expense. Empowr will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Empowr against any claim, but you must receive Empowr's prior written consent regarding any related settlement. The terms of this Article will survive any termination or cancellation of this Agreement.
You hereby release us, our officers, employees, agents and successors from claims, demands any and all rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from:
If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him must have materially affected his or her settlement with the debtor."
XVIII. Empowr's Proprietary Rights
You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements, applications, Content or information presented to you through the Services or advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Empowr is trademarks or service marks owned by Empowr. All other trademark and service marks appearing on Empowr's web site which do not belong to Empowr are the property of their respective owners. Except as expressly authorized by Empowr or advertisers, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part. Empowr grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by Empowr for use in accessing the Services.
One or more patents apply to the Empowr Network and to the features and services accessible via the site, including without limitation: U.S. Patent Nos. 7,826,421; 7,835,720; 7,826,822; 7,826,829; 7,860,484; and 7,848,736.
XIX. Disclaimer of Warranties
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON EMPOWR, THE SERVICES, THE EMPOWR NETWORK, ITS PARTNERS, ANY PARTNER APPLICATIONS, THIRD PARTY PROVIDER SERVICES, AND ANY INFORMATION THEREIN OR AVAILABLE THROUGH THE EMPOWR NETWORK, OR ITS CONTINUATION. THE EMPOWR NETWORK AND ALL INFORMATION AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EMPOWR DOES NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS, INCLUDING ANY WARRANTY THAT YOU WILL OBTAIN A PARTICULAR RESULT OR BENEFIT FROM THE SERVICES OR YOUR USE OF THE EMPOWR NETWORK.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EMPOWR DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY EMPOWR OR ANYTHING RELATED TO THE EMPOWR NETWORK, YOU MAY CLOSE YOUR EMPOWR ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ARTICLE XXII ("TERMINATION") AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
EMPOWR IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES AND COMMUNICATIONS (SUCH AS EMAILS, BLOGS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH EMPOWR TO ANYONE. IN ADDITION, EMPOWR NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE EMPOWR NETWORK MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO EMPOWR.
EMPOWR DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OR AGE OF THE PERSONS SUBSCRIBING TO THE SERVICES, NOR DOES EMPOWR HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES BY OTHER USERS; THEREFORE, EMPOWR DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY SUCH THIRD PARTIES.
EMPOWR HAS THE RIGHT (BUT NOT THE OBLIGATION) TO REVIEW ANY CONTENT AND DELETE (OR MODIFY) ANY CONTENT THAT IN OUR SOLE JUDGMENT VIOLATES THESE TERMS OF SERVICE OR WHICH IS PROHIBITED CONTENT, OR MAY OTHERWISE VIOLATE THE RIGHTS, HARM, OR THREATEN THE SAFETY OF ANY PERSON, OR CREATE LIABILITY FOR US OR ANY USER.
EMPOWR DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. EMPOWR DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, EMPOWR DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE EMPOWR NETWORK DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, THE SATURATION OF THE INTERNET NETWORK, OR FOR ANY OTHER REASON.
XX. Limitation of Liability
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER EMPOWR, NOR ANY OF ITS SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, SHAREHOLDERS, OFFICERS, DIRECTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EMPOWR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. EMPOWR'S LIABILITY (INCLUDING BUT NOT LIMITED TO THE LIABILITY OF ITS SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OR OFFICERS), AND THE LIABILITY OF ITS SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO EMPOWR IN THE TWO (2) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.
XXI. Special Admonition for Services Relating to Financial Matters
Empowr provides the Services for informational and entertainment purposes only, and no Content included in the Service is intended for trading or investing purposes. Empowr shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading, investment, or financial decisions made based on such information.
A. By You
You may terminate this Agreement, for any or no reason, at any time, with notice to Empowr. This notice will be effective upon Empowr processing your notice. Such notice may be provided by sending an email to firstname.lastname@example.org, or with regard to the Premium Services, as described above in Article II.E.
B. By Empowr
Empowr may in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service, including but not limited to Premium Services, under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Empowr may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or the Services. Further, you agree that Empowr shall not be liable to you or any third-party for any termination of your access to the Services.
XXIII. Digital Millennium Copyright Act Policy
A. Notice of Claim Infringement
Empowr respects the intellectual property of others. If you believe that Content on the Empowr Network infringes your copyrighted work, please provide Empowr's Designated Copyright Agent, Attention: Legal Department, email@example.com with following information:
The above information should be sent in writing to Empowr's Designated Copyright Agent at:
Attention: Legal Department:
501 West Broadway
San Diego, CA 92101, USA
B. Counter-Notification Procedure
If you have been notified of an allegation that your Content infringes the copyrights of others but believe that your Content does not infringe the copyrights of others, you may provide Empowr with a "counter-notice" providing the following information:
Upon receipt of a compliant counter notification Empowr will promptly notify the claiming party of your counter notification. If the copyright owner does not file an action within 14 days, Empowr will then restore the material to its location on the Empowr Network.
A. Entire Agreement
This Agreement constitutes the entire agreement between you and Empowr and governs your use of the Service, superseding any prior agreements between you and Empowr.
C. Governing Law and Arbitration
This Agreement and the relationship between you and Empowr shall be governed by the laws of California, without regard to its conflict of law provisions. Any controversy or claim arising out of or relating to this Agreement, your use of the Service or the Empowr Network, or the breach thereof, shall be settled by final and binding arbitration conducted in San Diego, California and administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Optional Rules for Emergency Measures of Protection. The judgment on the award rendered by the arbitrator(s) may be entered in any court having proper jurisdiction thereof located in San Diego, California. For purposes of enforcing the judgment rendered by the arbitrator(s), or in case this Agreement or such controversy or claim is not subject to arbitration, you and Empowr agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California.
D. Effect of Waiver
The failure of Empowr to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in that provision, and that the other provisions of this Agreement will remain in full force and effect.
E. Statute of Limitation
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. Empowr may freely assign or delegate its rights and obligations under the Agreement, fully or partially, and without notice to you.
Please report any violations of this Agreement to Empowr at firstname.lastname@example.org.
H. Authorized Agent
By using the Empowr Network, you appoint Empowr to be your agent and authorize Empowr to store your usernames and passwords (provided by you) to other web site services ("Other Sites") and to act on your behalf to access and interact with such Other Sites for purposes of (i) unifying access to all your information, actions, and data associated with such Other Sites from a single login, (ii) retrieving information from, and submitting information to, Other Sites, including but not limited to photos, profile information, contact and social maps, posts, communications, applications, preferences, and usage trends, and (iii) providing value-added services and features to enhance your experience inside the Empowr Network and Other Sites.
In the event this Agreement terminates as provided herein, Articles II.D, III, IV, IX.B, XIV, XV, XVII, XVIII, XVIX, XX, XXI, XXII, XXIII, XXIV of this Agreement shall survive such expiration or termination.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.