(Revised 31st Dec 2010)
Acknowledgment & Acceptance
By enrolling and/or using the ZeePoints.com
Program ("ZeePoints"), you agree that you have read and understand this
Agreement ("Agreement") and that your membership in ZeePoints shall conform
to its terms and conditions.
The ZeePoints Program is owned and operated
by Shansco International LLC, a Nevada, United States based Internet Technology
& Services Company with head office in Las Vegas.
ZeePoints Program ("Program") members
("Members") may earn ZeePoints for taking advantage of ZeePoints-earning opportunities on the Program and other third party Web sites;
responding to offers from participating advertisers and partners via email,
postal mail or telephone; and complying with the terms of other offers or
programs from ZeePoints or other participating companies.
ZeePoints reserves the right to send
Members messages from time to time for which they may not be rewarded. Such
messages may include ZeePoints system updates; flash bulletins; order
confirmations; administrative announcements; special requests and other similar
messages ("Administrative Messages") and may be sent via email or regular mail.
Members can elect to stop receiving email through the Bonus Mail program, but
cannot unsubscribe from these Administrative Messages while enrolled in the
Program.
ZeePoints is under no obligation to
provide Members with any particular number of ZeePoints-earning opportunities or
send messages to them.
ZeePoints reserves the right to limit
ZeePoints enrolments at any time.
ZeePoints Privacy Policy
ZeePoints promises to maintain the
privacy of members' personal information. The full extent of our commitment can
be found by visiting our Privacy
Policy.
Terms of Participation
Only individuals 13 years or older with a valid
email address may enroll in the ZeePoints Program and become Members.
ZeePoints reserves the right to prevent/ restrict access to the Program and
the ZeePoints website from certain geographic locations.
ZeePoints membership and its right to use is
limited to one individual per ZeePoints account.
ZeePoints allows only one email address
per Member.
Member agrees to provide only true and accurate
information to ZeePoints (including to its advertisers and partners) at all
times.
Member agrees to comply with the terms of all
ZeePoints and ZeePoints advertiser and partner offers, promotions, and
programs at all times.
Member agrees not to abuse ZeePoints
privileges by conduct which is detrimental to the interests of
ZeePoints, including without limitation attempting to accrue ZeePoints
or spend ZeePoints in a manner inconsistent with the rules of ZeePoints or
intent of this Agreement, having multiple accounts, attempting to earn ZeePoints
through other than legitimate channels, participating in purchasing or
redemption fraud, or tampering with ZeePoints award links, etc.
ZeePoints reserves the right to
terminate or disable, at ZeePoints's sole discretion, any
ZeePoints membership if ZeePoints believes such Member has
violated or acted inconsistently with the rules of ZeePoints or intent of
this Agreement. Member understands and agrees disabling of membership will
result in Member's inability to redeem and/or earn ZeePoints. Member understands
and agrees termination of membership will result in the cancellation of all of
Member's ZeePoints.
ZeePoints shall be the sole determiner
in cases of suspected abuse, fraud, or violation of its rules and any decision
it makes relating to termination of membership (including cancellation of
ZeePoints) shall be final and binding.
ZeePoints reserves the right to adjust your
ZeePoints balance with award reversals for items returned or transactions not
completed or cancelled. A pattern of placing orders followed by cancellations is
construed as purchasing fraud and could result in the termination of your
ZeePoints account.
ZeePoints may be spent only on rewards as offered
through ZeePoints at the time of redemption.
ZeePoints is not responsible for lost or
stolen rewards once issued.
Merchant Offers and Rewards are subject to change at any time without
notice.
The number of ZeePoints required to redeem for a
reward are subject to change at any time without notice.
Member inquiries regarding rewards ordered and
not received must be received by ZeePoints within 30 days after the
initial redemption date. Thereafter, ZeePoints will have no obligation
to re-send rewards to the Member.
ZeePoints will be subtracted from Member's account
once the redemption order is placed by the member and captured by the
ZeePoints system.
Once used to claim a reward, ZeePoints will not be
reinstated to Member's account.
In conjunction with spending ZeePoints for
rewards, Member agrees to confirm that all information in Member's personal
profile is up to date and accurate.
Member agrees to promptly notify
ZeePoints of any change in Member's address (mail or email) or personal
profile by updating his or her personal information. Failure to notify
ZeePoints of any address (mail or email) or profile
changes may result in the termination of Member's membership and forfeiture of
Member's unredeemed ZeePoints.
ZeePoints reserves the right to cancel
or disable accounts and expire unredeemed ZeePoints in those accounts that are
inactive for a period of 12 consecutive months. Inactive shall be defined as
lack of one of the following: website visit, email response, survey
completion, profile update or any ZeePoints-earning or spending transaction
ZeePoints reserves the right to limit
the opportunities to earn ZeePoints available to Member while Member remains
inactive.
Member shall comply with all laws, rules, and
regulations that are applicable to Member. Member acknowledges that Member may
only participate in ZeePoints if and to the extent that such participation
is permitted by such laws, rules, and regulations. ZeePoints refuses to
enroll Member, or to restrict, modify, or terminate Member's participation in
ZeePoints, without liability to Member or any other party, if Member
violates any law, rule, or regulation, or if Member's participation in
ZeePoints could violate any law, rule, or regulation.
Disclaimer of Warranties
Member expressly agrees that use of
ZeePoints is at Member's sole risk.
ZeePoints and all services offered therein
are provided on a strictly "as is" and "as available" basis.
ZeePoints
MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES, OR REWARDS OBTAINED BY
MEMBERS THROUGH ZeePoints OR THROUGH ZeePoints ADVERTISERS OR
PARTNERS; THAT ZeePoints WILL MEET MEMBERS' REQUIREMENTS; OR THAT
ZeePoints WILL BE UNINTERRUPTED, TIMELY, ERROR FREE; NOR DOES
ZeePoints MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF ZeePoints OR AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED THROUGH ZeePoints.
ZeePoints expressly disclaims any and
all express and implied warranties, including, but not limited to, the implied
warranties of merchantability, fitness for a particular purpose, and
non-infringement. ZeePoints shall not be liable or responsible for
those guarantees, warranties, and representations, if any, offered by
ZeePoints advertisers, partners, manufacturers of merchandise, or suppliers
of services. No advice or information, whether oral or written, obtained by
Member from ZeePoints or through ZeePoints shall create any
warranty not expressly made herein.
Limitation of Liability
ZeePoints SHALL NOT BE LIABLE FOR ANY
DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL,
RELATING TO THE PARTICIPATION OR INABILITY TO PARTICIPATE IN ZeePoints.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES; SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
ZeePoints is not responsible for damages
or losses that result from participating or inability to participate in
ZeePoints, or reliance on or use of information, services, or merchandise
provided on or through ZeePoints.
Member acknowledges and agrees that
ZeePoints neither endorses the contents of advertisements or third
parties' Web sites, nor assumes responsibility or liability for the accuracy of
material contained therein, or any infringement of third party intellectual
property rights arising there from, or any fraud or other crime facilitated
thereby.
ZeePoints is not responsible and assumes
no liability for changes or discontinuances of service from providers which may
affect offers or the accrual of ZeePoints.
In no event shall ZeePoints's liability,
either jointly or severally, exceed $100.
Participation in Promotions of Advertisers and
Merchants
Member's correspondence with or participation in
promotions of ZeePoints advertisers and partners are solely between
corresponding Member and the advertiser or partner. ZeePoints assumes
no liability, obligation, or responsibility for any part of any such
correspondence or promotion, including without limitation withdrawal or
modification of any offer or promotion.
Member understands and agrees that, in some cases, there may
be delay or even failure in the crediting of ZeePoints for promotions of advertisers or partners
due to advertisers' or partners' failure to provide necessary information to
ZeePoints for such crediting of ZeePoints. ZeePoints will not
be responsible or liable for the delay or failure to credit ZeePoints in such
event.
Third Party Services
To enhance the value of the ZeePoints
service to its Members, ZeePoints may on occasion share selected
personal information with third parties for the limited purposes of data
verification and supplementation.
Such third parties shall be STRICTLY bound by the
terms set forth in the ZeePoints Privacy Policy.
Such third parties will agree to maintain the
confidentiality and protection of your personal information, at all times during
and after providing services.
Termination
AT ANY TIME EITHER MEMBER OR ZeePoints
MAY TERMINATE MEMBER'S MEMBERSHIP WITH OR WITHOUT CAUSE. MEMBER'S RIGHT TO USE
MEMBER'S MEMBERSHIP IMMEDIATELY CEASES UPON TERMINATION AND MEMBER'S UNREDEEMED
ZeePoints SHALL BE CANCELLED.
Termination of Member's membership by Member is
effective upon Member submitting a termination request through the
ZeePoints Web site located within the Close Account page area on the
ZeePoints Web site. Member understands that, in
some cases, Member may still receive messages (which may have been scheduled
prior to Member's termination) after termination. Member may not earn ZeePoints
after termination.
Should Member object to any of the terms and
conditions of this Agreement, or any subsequent modifications thereto, or become
dissatisfied with ZeePoints, Member's only recourse is to immediately
discontinue participation in ZeePoints and properly terminate his or her
membership.
ZeePoints reserves the right to
terminate the membership of any Member who appears to be using ZeePoints in
a manner inconsistent with this Agreement, the intent of this Agreement, or any
ZeePoints rules.
Non-Transferability
Member's right to use ZeePoints is
non-transferable.
ZeePoints and/or rewards may not be bartered or
sold.
ZeePoints are non-transferable unless
under special offers made to the member.
Member's membership will terminate immediately in
the event of Member's death.
ZeePoints accounts and ZeePoints are not
transferable upon death or as part of a domestic relations matter or otherwise
by operation of law.
Proprietary Rights to Content and other Intellectual
Property
Member acknowledges that
ZeePoints content
(including but not limited to text, sound, photographs, graphics, or other
material contained in any ZeePoints communication, advertisements, or
messages, whether by ZeePoints or ZeePoints's advertisers or
partners), service and software are protected by copyrights, trademarks, service
marks, patents, and/or other proprietary rights and laws; therefore, Member is
only permitted to use content, service, or software as expressly authorized by
ZeePoints, its advertisers and partners, as the case may be.
Member agrees not to forward any
ZeePoints
offers or promotions to others without first obtaining the express written
permission of ZeePoints; ZeePoints offers are specific to Member's
membership unless otherwise stated.
Modifications
ZeePoints reserves the right to change
this Agreement, and/or any part thereof, at any time. Member understands the
most recent version of this Agreement will be located on the ZeePoints Web
site on the Terms and Conditions page.
Member's non-termination or continued use of
ZeePoints constitutes an affirmative acknowledgment by Member of any
modification to the Member Terms of Service Agreement and consent to abide and
be bound by any terms thereof. At any time, if Member does not agree with the
Member Terms and Conditions, Member may terminate Member's membership.
ZeePoints reserves the right to modify
or discontinue the ZeePoints service with or without notice to Member.
ZeePoints shall not be liable to Member
or any third party should ZeePoints exercise its right to modify or
discontinue the ZeePoints service.
Member's continued participation in the Program
shall constitute an affirmative acknowledgment by Member of any amendment or
modification to the TOS and Member's consent to abide and be bound by said TOS
as amended or modified.
Notices
All notices given by ZeePoints to Member
will be given by email or by general posting on the ZeePoints
Web site.
Indemnification
Member agrees to indemnify and hold
ZeePoints, its affiliates, officers, and employees harmless from any
claim, demand, expense, or damage, including reasonable attorneys' fees relating
to use of ZeePoints or violation of this Agreement.
Laws
Any dispute or claim arising out of or in
relation to this Agreement, or the interpretation, making, performance, breach,
or termination thereof, shall be finally settled by binding arbitration in San
Francisco, California, under the Commercial Arbitration Rules of the American
Arbitration Association by three arbitrators appointed in accordance with said
Rules. Judgment on the award rendered by the arbitrators may be entered in any
court having jurisdiction thereof.
This contract shall be governed by the law of the
State of Nevada, excluding its conflict of law principles. The arbitration
proceedings shall be governed by federal arbitration law and by the Rules,
without reference to state arbitration law.
Member and ZeePoints agree that, any
provision of applicable law notwithstanding, neither party will request, and the
arbitrators shall have no authority to award, punitive or exemplary damages
against the other party.
This Agreement constitutes the complete and
exclusive understanding between ZeePoints and Member relating to the
subject matter hereof and supersedes all prior or contemporaneous
understandings, agreements, communications, and/or advertising with respect to
such subject matter.
If any provision(s) of this Agreement is held by
the arbitrators to be contrary to law, then such provision(s) shall be
construed, as nearly as possible, to reflect the intentions of the parties with
the other provisions remaining in full force and effect.
ZeePoints's failure to exercise or
enforce any right or provision of this Agreement shall not constitute a waiver
of such right or provision unless acknowledged and agreed to by
ZeePoints in writing.