PyraBang.com Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE
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" refers 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 active member.
1.9.2 "Active Member" is someone who has signed up for a trial account, and then activated their full membership. Active Members are the only Members the user is eligibile to be paid on in a given calendar month, provided those Active Members are in the User's sponsorship group.
1.9.3 "Trial Membership" is an unpaid member who has a limited time to either pay membership dues or be cancelled out of PyraBang without prior notice.
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.
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.
4.1 Banking Disclaimer. PyraBang is not a bank. Your on site balances on PyraBang do not pay 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. 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.
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 Finder's Fee 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 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 active members.
COMMISSION AND BONUS PAYMENTS ARE MADE ON A MONTHLY BASIS ON THE FIRST OF THE MONTH. PAY MONTH CLOSES ON THE 23RD OF THE MONTH. IF YOU ARE NOT ACTIVE ON MIDNIGHT OF THE FIRST OF THE MONTH YOUR INCOME WILL NOT BE DISTRIBUTED. IF YOU KEEP ENOUGH TO COVER YOUR DUES IN YOUR ONSITE ACCOUNT DE-ACTIVATION CAN EASILY BE AVOIDED. 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.
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.
Adult content zero tollerance policy - 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 zero tollerance policy - 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.
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.
8. Fees. PyraBang's must pass on gateway fees currently charged by PayPal to you the Member. Gateway fees are subject to change based on number of Members that use this option without prior notification. Members have the option to save on future gateway fees by making a one time deposit into their on-site account. PyraBang will withdraw Membership fees without having to withdraw gateway fees from each Member who has a sufficient amount in their Bang account or on-site balance.
PyraBang Members are participating in a global economy of information. User consents to being charged one Bang every time User opens a PyraBang.com Post, by clicking on its link. 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.
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 visiting your profile page and following the instructions. Your account will then be automatically terminated upon logging out after clicking the "cancel my account" checkbox and clicking the "submit changes" button on the profile page accessible from your welcome page. PYRABANG WILL UNDER NO CIRCUMSTANCES MAKE REFUNDS OF ANY AMOUNTS - IT IS UP TO THE USER TO EMPTY BANGS, DOLLARS AND PORTFOLIO ACCOUNTS AND MAKE WITHDRAWLS BEFORE LOGGING OUT AFTER CANCELLATION. A REMINDER OF THIS POLICY IS PROVIDED AT THE TIME OF CANCELLATION. ONLY EXCEPTION TO THIS POLICY IS IF USER IS UNABLE TO MAKE WITHDRAWLS OR MODIFY ACCOUNTS DUE TO NON-WORKING SOFTWARE OR SOMETHING OF THAT SORT. USER IS ALSO RESPONSIBLE FOR THE CANCELLATION OF ANY SUBSCRIPTION PAYMENTS TO PYRABANG. SUBSCRIPTION PAYMENTS TO PYRABANG AFTER THE EFFECTIVE DATE OF CANCELLATION WILL NOT BE REFUNDED. Since there is no physical product that changes hands with your PyraBang.Com membership, there is therefore no return policy.
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.