PyraBang.Com Terms of Service
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE
PLEASE BE ADVISED: THESE TERMS AND CONDITIONS ARE PUT HERE SO THAT YOU DO NOT SUE US! WE DO NOT AND RARELY EVER BRING THESE UP OR WISH TO USE THEM! THEY ARE SIMPLY TO ENSURE THAT PYRABANG INC STAYS AS NEUTRAL AS POSSIBLE TO WHATEVER MEDIA YOU WISH TO SPREAD ON OUR MEMBER NETWORK!
Welcome to PyraBang.com. This Terms of Use Agreement (the "Agreement") contains the terms, conditions, covenants and provisions (the "Terms and Conditions") upon which you (also referred to herein as "Your," "Member" or "User") may access and use the PyraBang.com website (the "Site") and any of the services available through the Site.
BY ACCESSING THE SITE, YOU ARE HEREBY ACCEPTING AND AGREEING TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE OR ACCESS ANY FEATURES OR SERVICES PROVIDED ON OR THROUGH THE SITE.
PyraBang reserves the right, at its sole discretion, to modify this Agreement and these Terms and Conditions, including fees, at any time by posting the amended terms on this Site, with out notice to You except as required by law. Any such changes shall become effective immediately upon posting on this Site. Therefore, You should review the Terms and Conditions periodically. Your continued use of the Site following the posting of any changes shall constitute Your acceptance of the revised Terms and Conditions. If You do not agree to any amendments to this agreement, You may stop using the Site and terminate this Agreement as described below.
1. Terminology.
1.1 "You," "Your," "Member" or "User" refers to any participant in the PyraBang.com community, any User of the Site or any function, application, or service thereof, including without limitation to the PyraBang Media Player.
1.2 "PyraBang", "PyraBang.com", "PyraBang Inc." and "PyraBang Corporation" refer(s) to PyraBang, Inc., PyraBang Sole Proprietorship, and any affiliates or sister companies or domain names, including but not limited to Talksuites.com.
1.3 "Bang" refers to a unit of monetary value. It is currently pegged to the dollar at 1/10th of a cent.
1.4 "Post" refers to a three-line text ad with a linked heading containing a brief description about the text, audio, video, product or service to which it links. Posts include a linked heading, a date of when it was posted, and a total number of the Bangs it has accumulated minus whatever Bangs have been "drawn down. "Posts are linked to information in the public domain. Posts can be bought, sold, traded or otherwise circulated like any other product in a free market
1.5 "Originator" refers to a Member who pays Bangs to submit a Post on PyraBang.com. Originators are also "Investors."
1.6 "Investor" refers to a Member who has invested bangs in a post to increase its circulation. The terms "invest", "investor", "investing" with regard to PyraBang simply mean someone who has contributed to the circulation of a post. These terms do not mean anything with regard to stocks, securities, bonds or have anything to do with financial markets of any sort.
1.7 "Allocation" refers to the number of times a Post will to show up somewhere on the network before it expires, or "IMPRESSIONS".
1.8 "Expire" means the Post has finished circulating through the PyraBang network and can be posted by a new originator.
1.9 "Sponsor" is the person who referred you to PyraBang via a link or by some personal contact or through another website or through PyraBang management or it's affiliates and partners.
1.9.1 "Sponsee" is someone who has been referred to PyraBang by a given User. Sponsees can only have one sponsor. Users are paid a bonus on sponsees that are brought in during the first month that sponsee is a paid Gold Member.
1.9.2 "Gold Member" is someone who has signed up as a Basic Member, and then upgraded to Gold Member. Gold Members are the only Members the users are eligibile to be paid on, provided those Gold Members are in the User's sponsorship group.
1.9.3 "Basic Member" is an unpaid member who has a limited time to either pay membership dues or have all data and other information deleted from PyraBang without prior notice. Gold Members who have downgraded to Basic Member have two weeks to either re-upgrade or be subject to possible deletion from our database.
1.9.4 "Group" consists of the data available from your group page.
2. Right to Use. PyraBang grants you a limited, personal, nonexclusive, nontransferable license (without the right to sublicense) to access and make use of the Site, content, graphic, form, video, document, or other postings on the Site for the User’s own personal and non-commercial use only. Reproduction in any form or incorporation into any information retrieval system, electronic or mechanical, of the Site other than for User’s personal use (but not for redistribution or resale) is prohibited. The permission or license granted to the User shall be terminated immediately upon any unauthorized use of the Site. User agrees not to copy, modify, tamper with, or corrupt the Site or any portion of it.
2.1 Do not bundle PyraBang! PyraBang is a new concept. It is not like any other program or community you have ever joined. We do not allow "bundled" arrangements in advertising on member websites. Members signed up strictly for the purpose of advertising other business opportunites will be shunned by our membership and their posts likely deleted due to our 80/20 rule. Keeping the focus STRICKLY one one program = PyraBang, helps them better be able to grasp this new idea.
3. Site Access and Use. Site access including, without limitation, all content is provided for User information and personal use only. User agrees to comply with all applicable local, state, and federal laws including, without limitation copyright law, when accessing the Site. User agrees not to reproduce, copy, duplicate, use, publish, distribute, create derivative works, transmit, publicly display, adapt HTML or other code on the Site to generate web pages, sell, resell, or exploit for any commercial purposes, access to the Site, use of the Site, or any portion of the Site. User acknowledges that User does not acquire any ownership rights in any printable or downloadable content.
4. Intellectual Property. PyraBang owns the Site and all content included and the Site and all its content is protected by applicable copyright laws. Applicable copyright and other intellectual property laws protect the content, design, organization, text, images, compilations, photographs, illustrations, artwork, videos, or other graphics and graphic material, domain name, HTML and other code, and any other copyrightable elements, as well as the selection and arrangement thereof, and other matters related to the Site (collectively, the "Content"). All trademarks, service marks, trade names and trade dress that may appear on PyraBang.com are owned by PyraBang. User shall not acquire any right, title or interest in the Site or any of its Content, except for the limited use rights granted to User in this Agreement. All rights not expressly granted to User in these Terms of Use are expressly reserved.
4. Digital Millennium Copyright Act. Please review our Digital Millennium Copyright Act (DCMA) Notice at http://www.pyrabang.com/dmca.php, which is made part of this Agreement.
5.1 Non-Banking Disclaimers. PyraBang is not a bank. Your on site balances on PyraBang do not pay interest, charge interest, nor are they FDIC insured. You are encouraged to withdraw your commissions and bonuses whenever your balance exceeds $10.00 through available methods. SHOULD YOUR ACCOUNT BECOME DE-ACTIVATED ANYTHING IN YOUR ON SITE BALANCES WILL BE HELD FOR 30 DAYS PAST YOUR DUE DATE. IT WILL THEN BE FORFEITED AND YOUR USER INFORMATION WILL BE DELETED FROM OUR RECORDS.
5.2. Credit Card Fraud Prevention - PYRABANG IS NOT A CASH EXCHANGE SERVICE. You may not deposit more than $25.00 into your PyraBang on site account per month. Withdraw features are not available during your first month as a Gold Member. ANYTHING OVER $25.00 WHICH YOU DEPOSIT INTO YOUR ACCOUNT WILL BE HELD AS PRE-PAID MEMBERSHIP DUES. In order to specifically prevent money laundering, our system is designed to NOT ALLOW WITHDRAWL OF MORE MONEY THAN YOU MAKE through bonuses and commissions WITHOUT PROPER IDENTIFICATION OF THE CREDIT CARD HOLDER WHO MADE THE DEPOSITS INTO THE ACCOUNT. Should your withdrawl priviledges be revoked due to this policy, a 48 hour turnaround of this process is guaranteed with your full cooperation.
CREDIT CARD FUNDS ARE AUTOMATICALLY HELD FOR UP TO 45 DAYS FROM WITHDRAWL. Credit Card Fraud falls under our ZERO TOLLERANCE policy. Should money laundering be suspected PyraBang will in no way provide protection from legal prosecution which includes allowing access to all data in order to apprehend said possible suspects granted the appropriate warrants are issued.
AS LONG AS YOU DO NOT DEPOSIT OVER $25.00 PER MONTH YOU HAVE NOTHING TO WORRY ABOUT WITH REGARD TO THIS POLICY!
5.3. Asset Management - PyraBang reserves the right to move up to 50% of assets on hand to and from gold and silver as PyraBang sees fit to ensure members have as secure an income as possible. PyraBang also reserves the right invest a maximum of 20% of it's liquid assets towards research on future projects, however does NOT as a general rule.
6. Member Registration.
6.1 As part of the registration process, You will select a login name and password. Although we will make every effort to assign to You the name and password that You select, we reserve the right to reject any of Your choices if it has been previously assigned to another User or if PyraBang, in its sole discretion, deems such name or password offensive. You also may not (1) select or use a name or password of another person with the intent to impersonate that person, or (2) use a name or password that has previously been assigned to another User or in which another person has rights without such person's authorization. You agree to provide true, accurate, current and complete information as prompted by the PyraBang registration form (the information being the "Registration Information"). You also agree to maintain and promptly update the Registration Information to keep it true, accurate, current and complete. If we issue You a password, You may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of Your accounts and passwords. You agree to notify us immediately of any unauthorized use of Your passwords or accounts or any other breach of security. You also agree to exit from Your accounts at the end of each session. We will not be responsible for any loss or damage that may result if You fail to comply with these requirements. You also authorize PyraBang, directly or through third parties, to make any inquiries that it deems necessary, at its sole discretion, to validate Your registration. This may include ordering a credit report or performing other credit checks, or verifying information that You provide against third party databases. PyraBang makes no representation that any User's identity has been verified and makes no guarantee as to any User's identity. If You provide any Registration Information that is untrue, inaccurate, outdated or incomplete, or PyraBang suspects that such Registration Information is untrue, inaccurate, outdated or incomplete, then PyraBang has the right to suspend or terminate Your account and refuse any and all current or future use of the Site (or any portion thereof), delete Your User Postings from the Site, or any combination of these options. REGISTRATION IS AVAILABLE ONLY TO USERS THAT ARE 18 YEARS OLD OR OLDER. BY REGISTERING TO USE THE SITE, USER WARRANTS THAT HE OR SHE IS 18 YEARS OF AGE OR OLDER AND THEREBY ELIGIBLE TO PARTICIPATE IN PYRABANG’S COMPENSATION PROGRAM. IF YOU ARE UNDER THE AGE OF 18, YOU ARE NOT ELIGIBLE TO REGISTER TO BECOME A MEMBER OF PYRABANG.COM.
6.2 Update User Profile. PYRABANG ASSUMES NO RESPONSIBILITY FOR USER BEING OUT OF CONTACT OR NOT PROVIDING SUFFICIENT CONTACT INFORMATION AND LOSS OF INCOME THAT COULD COME AS A RESULT. User agrees to keep User’s email address up to date and also agrees to confirm User’s email address every ninety (90) days with PyraBang by clicking the confirmation link in an email sent by PyraBang at the designated time intervals. PyraBang reserves the right to withhold User compensation for the User’s protection should the User contact information become outdated.
6.3.1 Finder's Fees Policy. PyraBang will pay its Members a "finder's fee" for information User Posts, regardless of whether it is the User’s own copyrighted material. User is paid for finding the information, not for the information itself. User’s only right in the linked information contained within a User’s Post on PyraBang.com is the right to be the Originator of that Post until that Post has Expired, unless User holds the copyright to the linked material. User agrees to Post only links of information or other data that are in the public domain or otherwise made available for public download. User agrees to comply with any non-disclosure agreements User has entered into, agrees not to post any private or unpublished property that has not been publicly disclosed by the copyright holder, and agrees not post any material which violates any third party intellectual property or other third party proprietary right, including, without limitation, copyright.
6.3.2 Payment of commissions and bonuses. User agrees to not hold PyraBang responsible for sponsees and other Members who sign up but do not pay their membership fees. User is paid ONLY on Member dues that are paid up front by other members with regard to all bonuses and commissions. User is not paid based on how many Members the User and other Members bring in, rather on the actual money that is brought in either directly or indirectly by that User through Gold Members. We are currently able to pay with PayPal in the following countries: Czech Republic, Denmark, Finland, French Guiana, Greece, Guadeloupe, Hungary, India, Indonesia, Ireland, Japan, Luxembourg, Martinique, New Zealand, Norway, Philippines, Portugal, Reunion, Slovakia, South Korea, Sweden, Taiwan, Thailand, Turkey, Argentina, Brazil, Chile, Ecuador, Jamaica, Uruguay, Bulgaria, Costa Rica, Cyprus, Dominican Republic, Estonia, Gibraltar, Iceland, Israel, Latvia, Liechtenstein, Lithuania, Malaysia, Malta, Romania, San Marino, Slovenia, United Arab Emirates, Venezuela, Australia, Austria, Belgium, Canada, China, France, Germany, Hong Kong, Italy, Mexico, Netherlands, Poland, Singapore, Spain, Switzerland, United Kingdom and the United States of America.
6.3.2.1 COMMISSION AND BONUS PAYMENTS ARE MADE ON A MONTHLY BASIS ON THE SEVENTH (7TH) OF THE MONTH. PAY MONTH CLOSES ON THE 1ST OF EACH MONTH. IF YOU ARE NOT UPGRADED TO GOLD ON MIDNIGHT OF THE FIRST OF THE MONTH YOUR INCOME WILL BE FORFEITED. DE-ACTIVATION CAN EASILY BE AVOIDED BY KEEPING AN ADDITIONAL $5.95 IN YOUR ON-SITE ACCOUNT. PYRABANG WILL NOT BE HELD RESPONSIBLE FOR LOSS OF BONUSES AND COMMISSIONS DUE TO A LAG IN THIRD PARTY PAYERS OR FOR ANY OTHER REASON.
6.4 Misrepresentation - User agrees to not make claims that are not supported by PyraBang.com. User agrees to not mislead prospective sponsees by falsifying income. Should User sign up a sponsee in this manner, that sponsee will have the right to be moved to either a sponsor of his/her choice or a random new sponsor. In this case sponsees that leave the User's group would moved including all accounts in that sponsees downline.
6.5 Compensation plan adjustments. PyraBang's compensation plan is under constant change due to rapid feedback from our membership. Compensation plan benefits as presented on the site may at times be inaccurate for this reason. PyraBang reserves the right to make any changes to the compensation plan with regard to member benefits without prior notice in any form. User agrees to not hold PyraBang liable for any or all claims being made on this website without emailed confirmation from membership@pyrabang.com or through the regular mail from PyraBang Inc.
6.6 Misplacements - PyraBang is not responsible for what links your referrals have clicked on. This policy covers server errors, old cookies and sessions on the client computer which are not terminated. Should a member be sponsored by someone not of their choice they must cancel their account and sign up under the new sponsor.
7. User Postings. To the extent that portions of this Site provide Users an opportunity to post, send, upload, and/or exchange audio and/or video content, Posts, photos, blog text, information, data, ideas, opinions, messages, or any other material (the "User Postings"), please be advised that User Postings do not necessarily reflect the views of PyraBang. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, PYRABANG SHALL IN NO EVENT ASSUME OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY POSTINGS OR FOR ANY CLAIMS, DAMAGES, OR LOSSES RESULTING FROM THEIR USE AND/OR APPEARANCE ON THIS SITE.
By submitting a User Posting, You hereby authorize PyraBang to use and/or authorize others to use all or part of Your User Postings in any manner, format, or medium, alone or together with other material of any kind that PyraBang sees fit. PyraBang shall have the right to use and change the User Postings in any manner that PyraBang may determine. You shall have no claim or other recourse against PyraBang for infringement of any proprietary right in any User Posting.
PyraBang reserves the right to release Your User Postings and information provided to PyraBang to the proper authorities: (1) in the event of a violation of this Agreement, (2) if PyraBang believes that any User has committed unlawful acts or acts that endanger the health or safety of another User or of the general public, (3) if the information is subpoenaed or if disclosure is otherwise required by law or directed by a government representative acting within the scope of his authority, or (4) if PyraBang and/or its counsel deems it necessary and/or appropriate.
By submitting User Postings, You represent and warrant that You have all necessary rights in and to such User Postings You provide and all information they contain; that such User Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, indecent, offensive, racist, derogatory, abusive or otherwise unlawful information or material; that such User Postings shall not contain any viruses, or other contaminating or destructive devices or features; that Your User Postings do not contain profanity, obscenities, or pornographic material; and that Your User Postings do not contain personal attacks on other individuals or threatening or harassing comments.
7.1 Zero Tollerance policies
Spamming - Spamming will not be tollerated on our network. Spamming includes but is not limited to private messages, email, chat and shout messages. Filling un-related categories in an attempt to abuse our membership will also not be tollerated. Spamming will constitute suspension or termination of your account.
Adult content - Should you be reported for posting pornographic material you could be immediately suspended for one full year. Pyrabang reserves the right to determine what material will be judged as pornographic, and whether or not to suspend or terminate the offending member's account.
Fraud - Should enough evidence be presented to our staff and it is judged by our administration that you have in some way knowingly defrauded PyraBang.Com or any other PyraBang.Com member or staff worker or the company itself, your account can be suspended indefinitely or terminated without warning.
Profanity - Profanity should not be used under any circumstances in your postings on PyraBang Network. Profanity is subject to suspension or termination of accounts as well.
Although PyraBang periodically monitors the content posted on this Site, it cannot be responsible for the views or opinions expressed by third parties. PyraBang reserves the right (but does not have the obligation) to monitor, edit, move, remove, or refuse to post any User Posting, either before or after its appearance on the Site, that violate the terms and conditions of this Agreement, or, that PyraBang, at its sole discretion, deems offensive or otherwise inappropriate for this site. PyraBang reserves the right to revoke the privileges of Users who do not comply with such. PyraBang does not represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information offered by third parties that is displayed or distributed on or through the Site. User acknowledges that any reliance upon any such advice, opinion, statement, suggestion or information shall be at Your sole risk.
By submitting a User Posting, You agree to defend, indemnify and hold PyraBang, its subsidiaries, affiliates and/or related entities and parties harmless from and against any breach or alleged breach of any of Your representations, warranties or undertakings hereunder.
7.2 No "Fishing" - Business opportunities that do not mention product or service before a request of contact for "more information" will be deleted without notice from our network. PyraBang will not support spam email campaigns which these posts have been determined by PyraBang to be at the very least a contributor to. We are not looking to censor anyone's message, we are looking to protect the privacy and TIME of our membership.
8. Commissions & Fees. PyraBang must charge certain fees & commissions to stay in operation. Post commissions and handling fees are charged to offset the costs of accepting deposits and running the network. Comissions and fees are subject to change without prior notification.
PyraBang Members are participating in a global economy of information. User consents to being charged bangs every time User opens a PyraBang.com Post, by clicking on its link, or by using any of our other tools to gain sponsees. Posts can occur anywhere including outside of the PyraBang.com domain. User does not have to be logged into User’s PyraBang home page in order to be charged a Bang for a Post that User has opened by clicking on its link.
9. Tax Implications. Users are not agents or employees of PyraBang. Users will receive a 1099 each year for the full sum of the amount paid out to the User by PyraBang that year, if the user has received more than $600 from PyraBang during that calendar year. Each User will be responsible for the tax implications that arise out of payments received from PyraBang, if applicable.
10. Limitation of Liability. IN NO EVENT SHALL PYRABANG, ITS AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR OTHER REPRESENTATIVES WE BE LIABLE TO ANY USER OF THIS SITE FOR DAMAGE OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR COMPENSATORY, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, ITS CONTENTS, ITS SERVICES OR THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. FURTHERMORE, IN NO EVENT SHALL PYRABANG, ITS AFFILIATES, DIRECTORES, OFFICERS, SHAREHOLDERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE TO YOU IN AN AMOUNT GREATER THAN THE AMOUNT ACTUALLY PAID BY YOU TO PYRABANG, IF ANY, FOR ACCESSING THE SITE.
10.1 Threats of litigation. As it's PyraBang's policy to get live confirmation of cancelations in order to confirm all effected accounts have been taken out of use, we try to handle things on the spot and without building up a list of things to do. Email is not a reliable way of contact with PyraBang. Our most reliable modes of contact are Shout, Live Phone Support and also chat where available. A five minute audio explaining how to close your accounts and assuring you did not fly in blind gives a 3 digit code which can be entered into the cancelation page for automated cancelations if the threat of being talked into a good thing by our Live Support department seems daunting. BE ADVISED - OUR INTENT IS TO MEDIATE ALL POTENTIAL CONFLICTS WITH ANY AND ALL INTERESTED PARTIES - ONCE A THREAT OF LITIGATION HAS BEEN MADE PYRABANG INC AND IT"S OFFICERS, EMPLOYEES, MEMBERS or REPRESENTATIVES will make every attempt to protect PYRABANG and it's interests which includes but is not limited to RECORDING AUDIO OF ANY CONTACTS MADE TO THE PYRABANG LAW DEPARTMENT and CEASE ALL MEDIATION WITH ANY AND ALL INTERESTED PARTIES OF THE POTENTIAL ACCUSER.
11. Warranty of Disclaimer. THE SITE AND THE INFORMATION, DOCUMENTS, LINKS, AND OTHER CONTENT AND MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS," AND "AS AVAILABLE BASIS" AND ALL WARRANTIES, EXPRESS OR INPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTEIS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR ADEQUACY OF ANY SUCH INFORMATION, DOCUMENS OR OTHER CONTENT AND MATERIALS.
Without limiting the foregoing, we do not promise or warrant to the User that any aspect of the Site will work properly or will be available continuously and are not responsible for damages arising out of any infection or contamination of User’s system, any delays, errors, inaccuracies, or omissions arising out of a User’s use of the Site or with respect to the information, documents, content, or material contained on this Site.
12. Links. PyraBang may provide, or third parties may provide, links to other World Wide Web sites or resources that are beyond PyraBang’s control. PyraBang makes no representations as to the quality, suitability, functionality or legality of any sites to which links may be provided, and you hereby waive any claim you might have against PyraBang, with respect to such sites. PYRABANG IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE.
13. Suggestions and Comments. We appreciate all emails, letters and other submissions that comment on the services and Site, or suggest improvements or provide new ideas for the services and/or the Site. Unfortunately, we are not able to compensate you for suggestions or ideas, even if we use them. You agree that by sending us a suggestion or idea, such suggestion or idea becomes the property of PyraBang and that PyraBang may, at its option, use the suggestion or idea (or any modification or derivative) without any obligation to you. You further acknowledge that PyraBang may, at its option, publish any comments submitted to PyraBang regarding the services and/or the Site.
14. Indemnification. User agrees to indemnify, defend, and hold PyraBang and its officers, directors, employees, partners, parents, successors, agents, affiliates, subsidiaries, and their related companies harmless from any and all liability, loss, claim and expense, including reasonable attorney's fees, arising directly or indirectly out of (a) Your use of, or inability to use the site; (b) information transmitted or stored by You through or on the site; (c) activities in connection with the site; or (d) Your breach of this Agreement or violation of the rights including without limitation any intellectual property rights.
PyraBang does not endorse, finance, or lend its name to any outside enterprise. User agrees not to hold PyraBang responsible for investment losses. User agrees not to hold PyraBang liable for compensating the wrong person with User’s membership rewards, either by sending to an outdated account or to and outdated email address through any type of online payment or money exchange service due to User’s failure to update User’s contact information. User agrees to forfeit their investment in any Post that is recalled. The Post Originator agrees to be penalized if their Post is recalled in the amount the Originator originally paid to advertise the Post.
15. Terminations, cancellations, refunds and returns. PyraBang reserves the right to suspend or terminate a User’s membership and/or access to the Site, and to remove and discard any data from the Site, at any time and in its sole discretion, for any reason, including without limitation, failure of the User to comply with the Terms of Use set out in this Agreement, or, if PyraBang believes, in its sole discretion, that You have violated or acted inconsistently with these Terms and Conditions. User agrees that PyraBang will not be liable to the User or any third party for any termination or suspension of a User’s membership or for blocking a Member’s Site access. User agrees that the foregoing Terms and Conditions shall survive any termination or suspension of User’s rights or Site access. PyraBang may also, in its sole discretion, and at any time, discontinue providing the Site, or any part thereof, with or without notice. PyraBang shall not be liable to You or any third party for any termination of Your access to the Site. You may cancel your account at any time by calling our cancellation line @ (608)466-9361 during our hours of operation M-F 9AM-6PM CST.
Cancellations (General) - You, Members, a Member, must cancel your account five (5) days prior to your renew date, located on your welcome page. Canceling your account within five (5) days of your renew date will result in forfeiture of your most recent payment. PyraBang is not responsible for any forfeitures that result from cancellation of accounts within five (5) days. The reason for this policy is so that we do not have to take away bonuses and or commissions that are already showing in our member's checks.
Third Party Payment Companies (General) - Once Cancellation of PyraBang Account occurs, PyraBang is no longer responsible, period, for any actions or transactions performed by Canceled Member or Third Party Payment Companies. Third Party Payment Companies may include but are not limited to PayPal or Alert Pay. Post Canceled Members are solely responsible for ensuring Third Party Payment Companies no longer perform any transactions between Third Party Payment Companies and PyraBang Inc.
15.1. PyraWords Use. You are allowed to use up to 4 "blocks" of PyraWords on each page of your website. What this means is 4 individual calls to our server per page load. Using more is counter-productive and reduces click through ratios because people do not actually read all of the post impressions on your site if they are abused. Should you use more than 4 blocks per page you could be subject to a suspension under our Terms Of Service. For webmasters with very long pages a suggestion would be to break it up into a few different pages as that will ensure that your visitors get a better chance to see all the PyraWords impressions on your site.
16. Disputes. This Agreement shall be treated as though it were executed and performed in Keene, New Hampshire, and shall be governed by and construed in accordance with the laws of the State of New Hampshire (without regard to conflict of law principles). PyraBang's failure 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 the provision, and all other provisions of the Agreement shall remain in full force and effect. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the state or federal courts sitting in the State of New Hampshire and User expressly submits to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or Your use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. All actions shall be subject to the limitations set forth in Section 10.
17. Backup. PyraBang regularly backs up the information stored on the Site, including member information. PyraBang stores this information for a limited time. In the event of a loss of information or failure of the Site, PyraBang will use reasonable efforts to restore the information to the Site. PyraBang will have no liability for any failure to back up or restore any information on Site, or for interruptions, delay or suspension of access to or unavailability of Site, or any loss of such information, data or transmissions.
18. Privacy Policy. PyraBang does not share your information with the outside public. PyraBang does not store credit card numbers. Access to your information is internal only. They only information that is provided to other parties is your sponsor (a pyrabang member) will have your email address. In most cases a sponsor will already have a user's email address however PyraBang gives your sponsor the ability to contact you if you are his/her sponsee.
19. Miscellaneous. User hereby acknowledges that User has read this Agreement, understands it and agrees to be bound by its Terms and Conditions. These Terms and Conditions constitute the entire Agreement between PyraBang and User and govern User’s use of the Site, superseding any prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site. The section titles in these Terms are for convenience only. User may not transfer any rights or obligations User may have under this Agreement. This Agreement, or any right or obligation hereunder, is freely transferable by PyraBang.