Traffic Pods Terms of Use
SECTION 1 -- INTRODUCTION
1.1 DEFINITIONS
Member: Refers to
any individual or separate entity that is enrolled with
Traffic Pods.
Company: The "Company"
hereby, and for the remainder of this agreement, shall
refer to Logiscape Technologies Inc. including its Directors,
employees, and shareholders. The Traffic Pods name,
website, software, images, and trademarks (whether current
or in the future) are all owned and managed by Logiscape
Technologies Inc. Furthermore, any references to Traffic
Pods shall include its governing company, Logiscape
Technologies Inc., its directors and shareholders.
Username: Upon signing
up for a membership, members are issued a username which
is used to identify them in the system. This username
is the property of Logiscape Technologies Inc. and as
such, it may be displayed on the website without the
prior consent of the member who registered it (eg. your
username may be posted on the site if you are the winner
of the sweepstakes draw).
Membership Agreement:
Refers to this agreement in full. The Membership Agreement
must be read and agreed to by every member prior to
signing up for a membership. Submitting your request
for membership constitutes knowledge, understanding,
and acceptance of the entire Membership Agreement.
Downline: Refers to
the entire multi-leveled group of members which are
directly beneath you as stipulated on the Traffic Pods
website.
Direct Referral: Refers
to any individual whom you personally referred and who
subsequently proceeded to sign up for a membership.
1.2 CHANGES TO THE MEMBERSHIP
AGREEMENT
The Company reserves the right to modify
or update this agreement at any time without advanced
notice. It is the responsibility of the member to check
the news headings in their member area on a regular
basis as any changes to this agreement will be announced
there. The continuance of your membership indicates
that you have read and agree to the additions or modifications
made to this agreement.
1.3 CONTINUOUS / UNINTERRUPTED
SERVICE
The Company makes no guarantee whatsoever
that the Traffic Pods website will operate continuously
without interruption or error. The member hereby indemnifies
the Company, its directors, and shareholders from any
and all problems that may arise as a result of the Traffic
Pods website and/or its services being unavailable for
any amount of time regardless of the cause, including
negligence.
1.4 THIS MEMBERSHIP AGREEMENT
IS FULLY SEVERABLE
In the event that a portion of this
Membership Agreement should be found to be null and
void, the remainder of this Membership Agreement shall
remain intact and fully enforceable as if the portion
found to be null and void had never been a part of the
Membership Agreement at all.
SECTION 2 -- REQUIREMENTS OF MEMBERSHIP
2.1 VOLUNTARY ENROLMENT
As a member you acknowledge that you
are signing up voluntarily under your own free will
and under no circumstances were you persuaded to sign
up under any false pretences.
2.2 AGE REQUIREMENT
As a member of Traffic Pods you acknowledge
that you are at least 13 years of age. Should any law
exist where you are a resident that would forbid you
to use any of the services contained within the website,
then those laws shall supercede this agreement. It is
the responsibiltiy of the member to ensure that they
are complying with local laws and the Company is hereby
removed from any liability resulting from an individual
gaining membership against such laws and regulations.
2.3 PERSONAL INFORMATION
All members of Traffic Pods must maintain
a correct profile at all times. This includes maintaining
your correct and FULL name, as well as a valid email
address. If the company should find at any time that
the information you have listed in your profile is inaccurate,
or incomplete, the company will delete your account
without notice and you will lose all credits and money
remaining in that account. Please feel free to view
the privacy policy that is available on the Traffic
Pods website.
SECTION 3 -- GENERAL MEMBERSHIP
GUIDELINES AND ACCEPTABLE CONDUCT
3.1 ONE MEMBERSHIP ALLOWED
Traffic Pods allows only one membership
per individual and this membership is NON-TRANSFERRABLE.
This includes but is not limited to any individual person,
company, club, or group.
3.2 ADVERTISING
3.2.1 EMAIL PROMOTION
As a member of Traffic Pods, you agree
not to send out any unwanted email promotion (SPAM)
regarding the Traffic Pods website and/or any of its
products or services. You agree to only send out messages
to individuals who you personally know or individuals
who have asked specifically or agreed to receive advertisements/offers
from you. Traffic Pods exercises a ZERO tolerance on
SPAM and your membership will be revoked immediately
if you are found to be spamming others.
3.2.2 REFERRAL LINK
As a member of Traffic Pods, you will
be given a unique link to promote the Traffic Pods website
to others. You agree to only send out your referral
link to individuals who you personally know or individuals
who have asked specifically or agreed to receive advertisements/offers
from you. Please refer to clause 3.2.1 above regarding
our policy on SPAM.
3.2.3 CURRENT AND / OR FUTURE
TRADEMARKS AND COPYRIGHTS
All information, images, trademarks,
and copyrights found on the Traffic Pods website are
the property of Logiscape Technologies Inc. and cannot
be used by any member (or non-member) without the express
written consent of the Company. Anyone found to be using
such material without the proper written permision of
the Company will be subject to prosecution according
to local laws.
3.2.4 MISREPRESENTATION
As a member of Traffic Pods you agree
not to misrepresent the Traffic Pods website or any
of the services and/or opportunities found within. Furthermore,
you agree not to use your financial success as a member
to influence others or lead others to believe that they
will achieve the same success as you. Any misrepresentation
will result in the immediate removal of your account
with us which will cause all credits and/or money in
your account to be lost.
3.3 ENROLLING OTHER MEMBERS
IS PROHIBITED
Members are not under any circumstances
allowed to sign up other members. Members can refer
other individuals to the website and help them through
the sign up process, however the individual must complete
the signup process by him/herself, including the reading
and agreeing to the Membership Agreement. Furthermore,
no member shall create false accounts simply for the
benefit of referral rewards or to create a manufactured
downline. Any member found to be engaged in such activity
will have their membership revoked and will lose all
credits and/or money in all accounts created.
3.4 CHANGING SPONSOR
Once a member has completed the signup
process, there is no way to change the sponsor of that
member. The Company accepts no responsibility for members
who are placed under an incorrect sponsor regardless
of the cause including negligence.
3.5 PERSONAL INFORMATION
As a member of Traffic Pods you agree
to keep your personal information on file up to date
and accurate at all times. You also confirm that the
email address you have on file is accurate and in working
order. The company will keep all personal information
about you in the strictest confidence and will not divulge
it to any third party unless obligated to do so by law.
Please read through our privacy policy if you require
further information.
3.6 INDEPENDENT CONTRACTOR
STATUS
As a member of Traffic Pods there may
be times when you are eligible to receive some sort
of compensation for services provided (such as surfing
sites and then selling some of your credits back to
the company). You hereby acknowledge that under such
circumstances you are acting as an independent contractor
and in no way are you to be considered as an employee
or agent of Traffic Pods or Logiscape Technologies Inc.
3.7 REFERRING OTHER MEMBERS
As a member of Traffic Pods, you may
voluntarily refer other individuals to the Traffic Pods
website. If the individual is being referred through
the referral link we provide to all members, and should
that individual continue on to sign up, then the new
member will become a direct referral of the sponsoring
member. You agree, however, not to hold Traffic Pods
liable for any lost or misdirected referrals regardless
of the cause including negligence.
3.8 USE OF THE TRAFFIC EXCHANGE
(SURF PAGE)
3.8.1 ACCEPTABLE USE OF THE
SURF LINK
The surf link that a member receives
upon signing up is to be used solely by that member
and solely for the purpose of viewing other member's
websites through the Traffic Pods traffic exchange network.
This link is not to be used in any way that cheats the
system or attempts to comprimise it in any way. Furthermore,
the surf link is not to be promoted on other networks
as a means of falsely obtaining credits. The surf link
is also not to be placed in any automatic clicking program
or other similar program or software designed to defraud
the network or falsely earn credits. Any inappropriate
use of the surf link (as indicated, but not limited
to the above) will result in immediate termination of
that member's account and all earned or purchased credits
along with any remaining cash balance will be lost.
3.8.2 GUIDELINES FOR ACCEPTABLE
WEBSITES IN THE NETWORK
Traffic Pods
conditionally allows all members to promote a website
in the traffic exchange network provided that website
meets the following criteria:
-- The website must be TOTALLY free
from any pornographic material of any kind
-- The website must be TOTALLY free from any racist
or socially harmful material
-- The website must be free from any illegal material
such as pirated software (warez sites)
-- The website must NOT promote any sort of illegal
activity such as pyramind schemes
-- The website must NOT link to any of the material
described above
-- The website must NOT include any programming that
causes it to break out of frame
-- The website must be at least 90% in the english language
-- The website must be COMPLETELY FREE from any viruses
-- The website must NOT prompt the user to download
anything
-- The website must NOT prompt the user to set their
homepage to that website or other URL
-- The website must NOT redirect to another website
-- The website is allowed to load a SINGLE pop-up (includes
exit pop-ups) or pop-under (but not both) as long as
the pop-up or pop-under meets the following criteria:
A ) The pop-up must display the "X" in the
top right hand corner to permit the user to delete it
with ease.
B ) The pop-up must NOT give rise to any other pop-ups,
pop-unders, etc. as it is closed.
C ) The pop-up must meet all the same criteria as the
main website you are advertising.
***NOTE: In general, the use of rotators is NOT permitted. Members may only promote one (1) individual website per campaign. We may, however, grant special privileges to members under certain circumstances. A member who wishes to use a rotator must first contact our support department and receive approval. Members who are using a rotator without admin approval are subject to disciplinary action. In the case where approval has been granted, members must ensure that ALL websites in rotation conform to the above guidelines.
The Company makes NO guarantee that
all websites found within the network will be in compliance
with the above stated guidelines. The member agrees
to not hold the Company liable for any damages that
may occur as the result of any such innapropriate websites
being promoted in the network.
3.8.3 REMOVAL OF MEMBERSHIP
A member may at any time remove his/her
membership by simply logging into the members' area
and going into his/her "Settings & Codes"
and clicking on the link found there. Alternatively,
a member may have their membership revoked by the Company
if the Company deems that member to be in violation
of any of the terms as set out in the Membership Agreement.
The Company also reserves the right to refuse or cancel
the membership of any member found to be defrauding
the system in any way, or in any case where the Company
feels that the member is not acting in the best interest
of the Company.
If a member should have their membership
cancelled for any reason, that member will lose all
traffic credits (whether earned or purchased) and will
forfeit any remaining money in any of the accounts associated
with that membership.
3.9 MONTHLY FEES
Traffic Pods offers 2 levels of membership.
The "Standard" membership is FREE of charge
and carries with it NO monthly fee of any kind. The
"Pro" membership carries a monthly fee of
$19.99 USD. All monthly fees are handled through subscription
payments or single/grouped month by month payments through Paypal™ or by credit card.
Members may cancel their membership fees at anytime
and return to the Standard (Free) membership level by
cancelling their subscription with either Paypal™. Please note that
we cannot cancel your subscription for you.
3.9.1 FAILURE TO PAY
As a "Pro" member, you will
be required to make monthly subscription payments in
order to maintain your membership level. If you wish
to terminate your subcription, then your membership
will return to the Standard level (Free account).
3.9.2 REFUNDS
The Company will NOT issue refunds
on monthly membership fees, regardless of whether that
month has started or not.
The Company will also NOT issue any
refunds on purchases of traffic.
SECTION 4 -- COMPENSATION PLAN
4.1 EARNING TRAFFIC CREDITS
Traffic Pods has established different
earning ratios for the different membership levels.
The Company reserves the right to increase, decrease,
or remove these ratios at any time without prior notice.
The credits earned by members are solely for use within
Traffic Pods and carry no cash value. The Company retains
ownership of all traffic credits earned and makes no
guarantee that any or all traffic credits earned will
be able to be used in a timely fashion. Furthermore,
traffic credits will be redeamable for traffic to a
designated website based on the current rate as stipulated
on the Traffic Pods website and this rate is subject
to change without notice.
4.2 EARNING MONEY
Although Trafficpods is NOT in any way an income generating website, and seldom offers cash rewards or incentives, members may at times be eligigle to
earn money through certain promotions, incentives, or
other means as stated on the Traffic Pods website. Any money
earned by members is hereby declared as a compensation
for services provided by that member. In order to receive
a payment, all rules, regulations, and restrictions as set out on the Traffic
Pods website must be followed (such as minimum required for
a payout, etc.). There may also be a fee associated
with processing the payment as declared on the Traffic
Pods website. The company
also does not guarantee that any individual will make
any money while a member of Traffic Pods. Any examples
within the Traffic Pods website that suggest possible
earnings are simply for illustration purposes and do
not represent a typical situation.
4.3 EARNING BONUSES
Members may be elligible to earn additional
bonuses from time to time according to the rules and
regulations set forth on the website. Logiscape Technologies
Inc and Traffic Pods will always retain the right to
modify or terminate any ongoing or proposed bonus program
at any time without notice.
4.4 GETTING PAID
Should a member receive money through the Trafficpods website, this money will be paid out by company check. No other payment method is available.
SECTION 6 -- LEGAL POLICIES AND
GUIDELINES
6.1 RIGHT TO REFUSE OR CANCEL
MEMBERSHIP
The Company reserves the right to refuse
or cancel the membership of any member found to be in
violation of any of the terms as set out in this Membership
Agreement, or if the member is found to be defrauding
the system in any way. The Company will also terminate
the membership of any member it feels is not acting
in the best interest of the Company. In the event of
a major violation, The Company will bring legal action
against the member found to be guilty of such violation.
6.2 INDEMNIFICATION
A member agrees to take full responsibility
for his/her actions while using any of the services
or products found on the Traffic Pods website.
The member also takes full responsibilty for any statements
made, whether verbal or written, regarding the Company,
the Traffic Pods website, its products, services,
or compensation plan. Members agree to indemnify and
hold harmless the Company, its directors, affiliate
officers, employees, and shareholders from any claim
or demand whatsoever relating to or arising out of the
member's use of the Traffic Pods website and/or
any of the services/products found within.
6.3 LOSS OF DATA AND OTHER
ERRORS
Members agree to not hold liable the
Company for any loss of data that might occur while
the member is using the Traffic Pods website
and all services and products contained within. Loss
of data includes, but is not limited to, any account
balances, credits, downline members, money (cash), and
statistics. The Company agrees to make every effort
within its reasonable power to ensure that such loss
of data never occurs, and the Company will make every
effort within reason to correct any such loss of data.
Members also agree to not hold liable
the Company for any damage that may arise to the member's
computer, software, or other products while using the
Traffic Pods website and all services and products
contained within.
6.4 MEASURES / ACTIONS BEYOND
OUR CONTROL
Members agree to not hold liable the
Company for any consequences or damage that may arise
as the direct or indirect result of any action or circumstance
beyond the Company's control, such as earthquakes, fire,
flood, acts of terrorism, acts of God, computer hacking,
and any other natural or unnatural disaster that may
occur.
6.5 RULES AND REGULATIONS CONTAINED
ON THE WEBSITE
Any rules and regulations described
within the Traffic Pods website are hereby declared
as extensions of this Membership Agreement and as such,
all members agreeing to this Membership Agreement are
declaring that they will abide by the rules and regulations
that are set forth on the Traffic Pods website.
6.6 UNLAWFUL ACTIVITY
Members hereby declare that they will
use the Traffic Pods website and the services
and products contained within in a lawful manner. Logiscape
Technologies Inc. will immediately prosecute any individuals
found to be using the website and/or any of its services
in an unlawful manner.
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