For our advertisers, you now have complete control over who you invite to take your opportunities, and who gets approved for payout.
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For more information, please visit :- http://payperpost.com/
- INTRODUCTION.
- OPPORTUNITIES.
- REVIEWS & APPROVALS.
Participating Advertisers create and list opportunities (“Opportunities”) in the Marketplace located on the PayPerPost v.4 site, which offer Bloggers the chance to receive compensation from the Advertiser in exchange for creating posts on their blogs which comply with the requirements set forth in the Opportunity. Each Opportunity listing contains a description of the desired blog post (herein referred to as the "Requirements") and the compensation to be paid by the Advertiser. The Advertisers are solely responsible for the content of their Opportunities listings and for the payment of any identified compensation to the Bloggers.
While PayPerPost v.4 may assist in reviewing and identifying Blogger’s posts that violate an Opportunity's Requirements and attempt to resolve disputes, Advertisers in their sole discretion shall determine whether a particular blog is entitled to the set compensation so long as the Advertiser observes the requirements of Sections 2.6 and 2.7 of this Agreement. Blog posts which do not comply with the requirements of the Opportunity will not be entitled to the compensation associated with such Opportunity.
www.v4.payperpost.com is a Marketplace for Advertisers and Bloggers. PayPerPost v.4 does not review any posts or Opportunities. Once a post to an opportunity has been agreed upon and submitted by a Blogger, an Advertiser has three (3) days to respond with any requested modifications or to reject the post. Failure to do so will result in automatic approval of the post and result in automatic, non-refundable payment to the Blogger as long as the post is active 30 days from approval. Final approval and payment to the Blogger will occur is the post is active 30 days from approval. PayPerPost v.4 will automatically check for active posts and make payments on Advertiser’s behalf to Blogger. Advertiser may be required to check for active posts. If automated system fails to locate an active post, Advertiser has 3 days to verify. Failure to do so will result in automatic, non-refundable payment to the Blogger. - ADVERTISER SPECIFIC TERMS.
- TRANSPARENCY & DISCLOSURE.
- PAYMENTS.
- CREDIT CARD CHARGES.
- FEE FOR REMOVAL OF BLOGGER’S POST.
- APPROVAL OF BLOGGER’S POSTS.
- OPPORTUNITY AND POST INFORMATION.
- POST DISPUTES.
PayPerPost v.4 requires full disclosure by all Marketplace participants. Any attempt to instruct, coerce or manipulate a Blogger into hiding the commercial relationship between you and the Blogger may result in removal from the system. Advertiser agrees to comply with Our Advertiser Code of Ethics, the Federal Trade Commission's Staff Opinion Letter dated December 7, 2006, WOMMA's Ethical Blogger Contract Guidelines, and all applicable laws and regulations, including but not limited to Section 5 of the Federal Trade Commission Act and the Federal Trade Commission’s Endorsement Guidelines.
Advertiser agrees to pay PayPerPost v.4 all charges to Advertiser’s account for the Service in accordance with these Terms of Service. If PayPerPost v.4 does not receive timely payment or if Advertiser exceeds prepayment hereunder: (i) Advertiser will incur a debit balance for the value of any unpaid charges incurred under your account, (ii) Advertiser agrees to pay all amounts due on your account upon demand, and (iii) PayPerPost v.4 reserves the right to either suspend or terminate an Advertiser’s account with PayPerPost v.4, including deletion of your Opportunities from the Services. Any fees for the Services which are charged to Advertiser account, as well as the initial and all deposit(s), are non-refundable. Advertiser agrees to submit any disputes regarding any charge to your account in writing to PayPerPost v.4 within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. In the event Advertiser’s account becomes inactive for six months a charge of $40.00 per month will be charged against the Advertiser’s balance and will continue to charge each month until the Advertiser’s balance reaches $0. The inactive period will begin upon the completion of an Advertiser’s post or blog sponsorship opportunity. If Advertiser fails to make payment as set forth herein, Advertiser will be responsible for all reasonable expenses (including attorneys' fees) incurred by PayPerPost v.4 in collecting such amounts. All prices are in United States dollars and do not include taxes that may be assessed by any jurisdiction. If withholding taxes or any other taxes are imposed by any jurisdiction on the transactions pursuant to this Agreement, Advertiser shall pay such taxes to ensure that PayPerPost v.4 receives the full amount invoiced to you without offset or deduction. Advertiser agrees to promptly (i) update all information to keep your account and credit card billing current, complete and accurate (such as a change in billing address or e-mail), (ii) notify PayPerPost v.4 in writing if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password, and (iii) notify PayPerPost v.4 in writing if your credit card is canceled. Upon termination, suspension or discontinuation of the Service or Advertiser’s participation therein, all outstanding payment obligations incurred by Advertiser under the Service will become immediately due and payable.
Advertiser authorizes PayPerPost v.4 to charge Advertiser’s credit card (as provided by you) for all charges to your account. Advertiser’s non-termination or continued use of the Service reaffirms that PayPerPost v.4 is authorized to charge Advertiser’s credit card. PayPerPost v.4 may submit those charges for payment and you will be responsible for such charges. PayPerPost v.4 reserves the right to modify, suspend or terminate the required method of payment for use of the Service at any time, although any pending Opportunities will be completed using the method current when you listed the Opportunity. If PayPerPost v.4 modifies the terms of the method of payment as outlined in this Section 2.3, the modifications will be reflected in an updated version of the Agreement posted on the PayPerPost v.4 Website. If you do not consent to such modified terms, you must immediately discontinue use of the Marketplace. Advertiser’s continued enrollment after any modifications constitutes your acceptance of the terms of the method of payment as modified. Advertiser determines a maximum amount for charges to your account for each Opportunity subject to the provisions below. When you list an Opportunity, and for each Opportunity thereafter, Advertiser pre-authorizes PayPerPost v.4 to charge your credit card up to the maximum amount that you specify plus any overages. Notwithstanding the total amount you anticipate for an Opportunity, if posts are properly made by Bloggers within the criteria specified in your Opportunity listing in excess of your anticipated amount, you also authorize PayPerPost v.4 to charge your credit card for the additional amount. PayPerPost v.4 will send Advertiser a notification to the e-mail address associated with your account after each pre-authorized transaction to notify you that your account has been replenished and your credit card charged. Such charges should appear on the periodic statement sent to you by the provider of your credit card. You understand that all of your Opportunities may be taken offline if your credit card does not allow additional charges or rejects any charges made to it by PayPerPost v.4. in which your account equals or exceeds your budget amount. Unless Advertiser or PayPerPost v.4 discontinues your enrollment or participation in this Payment Plan, you understand that this pre-authorization is valid until the termination of the Agreement or the applicable Master Agreement with PayPerPost v.4. For your future reference, you agree to retain, either by printing or otherwise saving, a copy of the Agreement, which provides the terms of your pre-authorization.
An Advertiser can request that a Blogger’s post in response to an Opportunity be removed from the Blogger’s website. For a fee, PayPerPost v.4 will assist Advertiser in requesting a Blogger to remove a post. However, PayPerPost v.4 cannot guarantee removal of the post.
Advertiser is required to review Blogger’s posts for compliance with the criteria set forth in the Opportunity as set forth in Section 1.2.
Advertiser agrees that PayPerPost v.4 is not responsible for any aspect of Advertiser’s content or product to be blogged about by PayPerPost v.4 contracted Bloggers. Advertiser represents, warrants and covenants that: (i) all information you provide or approve or that is provided on your behalf in connection with the Agreement and on your Website is, and will be updated to remain, current and accurate, (ii) the Website to which any links are included in a listed Opportunity will look substantially the same to all end users regardless of the end users' location, (iii) your Website does not contain any PayPerPost v.4-owned or licensed content, except pursuant to a separate signed agreement with PayPerPost v.4. You acknowledge that PayPerPost v.4 Bloggers are independent third-parties and not directly controlled by PayPerPost v.4. As a consequence, any blog postings of your content or product(s) will inherently risk negative or unflattering comments about your content, product(s) or company. Advertiser specifically acknowledges and agrees that PayPerPost v.4 has no control over any Posts that may be available or published on any blog (or otherwise), and that Advertiser is solely responsible (and assumes all liability and risk) for determining whether or not such Posts are appropriate or acceptable to you.
Advertiser agree that so long as a Blogger has met the requirements as outlined in your Opportunity you will not deny payment. Advertiser may not discriminate based on aesthetics, grammar, blog layout, or the racial, physical, political, spiritual, age, gender or sexual orientation characteristics of the Blogger. Payment will be made to the Blogger unless the Blogger has violated the terms of this Agreement or the specific terms of your Opportunity as stated in writing. - BLOGGER SPECIFIC TERMS.
- TRANSPARENCY & DISCLOSURE.
- FULFILLMENT OF COMPENSATION.
- BLOG ELIGIBILITY.
- Blogs Only. PayPerPost v.4 only accepts blogs, and not websites, message boards, e-mails, IM or other similar services.
- English Only Blogs. The blog and all posts relating to PayPerPost v.4 Opportunities must be in the English language or such other language as is identified in the particular Opportunity.
- Original Blog Content. The blog must contain original editorial content in addition to Opportunity-related or other paid posts.
- Inappropriate Content. Blogs submitted to the marketplace may not include or support: excessive profanity, violence, or racial intolerance, illicit drugs or drug paraphernalia, pornography, adult or mature content, or any other content that promotes intolerance, illegal activity, or infringes on the legal rights of others.
- GRANT OF USAGE LICENSE.
Bloggers participating in the PayPerPost v.4 Marketplace must clearly disclose on their blogs the relationship between themselves and the Advertisers in connection with Opportunity-related posts. The appropriate manner in which to make such disclosure (e.g., site wide disclosure policy or disclosure on a per post basis) may vary with the circumstances and is to be determined by the Blogger. PayPerPost v.4 requires, however, that disclosure be made in a meaningful way that makes clear to an ordinary consumer that there is a relationship between the Blogger and the Advertiser. PayPerPost v.4 reserves the right to review and monitor the disclosure practices of all Bloggers who participate in the Marketplace and PayPerPost v.4 Direct and to either require greater levels of disclosure (in the event that PayPerPost v.4 determines in its sole discretion that current disclosure practices are inadequate) or remove the Blogger from the Marketplace (in the event of inadequate disclosures). Blogger agrees to comply with Our Blogger Code of Ethics, the Federal Trade Commission's Staff Opinion Letter dated December 7, 2006, WOMMA's Ethical Blogger Contract Guidelines, and all applicable laws and regulations, including but not limited to Section 5 of the Federal Trade Commission Act and the Federal Trade Commission’s Endorsement Guidelines.
Blogger acknowledges and agrees that the obligation to compensate Blogger for Opportunity-related posts resides with the Advertiser, not PayPerPost v.4. PayPerPost v.4 merely facilitates such compensation on behalf of the Advertisers. Blogger waives any and all claims or rights of action against PayPerPost v.4 relating to the failure of an Advertiser to compensate Blogger in connection with an Opportunity-related post. In addition, Blogger acknowledges that Blogger is: (i) not an employee of PayPerPost v.4, (ii) responsible for the payment of all federal, state and local taxes on compensation received from an Advertiser, (iii) responsible for any reporting requirements imposed by the federal, state or local government, and (iv) responsible for compliance with all other applicable laws and regulations. Blogger further acknowledges that post must remain active for at least 30 days after the post is approved as set forth in Section 1.2.
In order to participate in the PayPerPost v.4 Marketplace, Blogger must register your blog(s) with PayPerPost v.4 and meet the minimum eligibility requirements. PayPerPost v.4 will not accept certain blogs and Bloggers as determined by PayPerPost v.4 in its sole discretion.
By participating in the PayPerPost v.4 Marketplace and accepting payment for the content you create, Blogger grants PayPerPost v.4 and the specific Advertiser purchasing the content a worldwide, royalty-free, non-exclusive, sub-licensable, unconditional, perpetual and transferable license to use, display, perform, reproduce, republish, and distribute the content or any portion thereof in all forms of media and through any media channels (now known or hereafter developed), including but not limited to television, radio, print, Internet site and other electronic communications. Any use, publishing or distribution of a Blogger's content by PayPerPost v.4 or any Advertiser must be accompanied by credit to the Blogger of that content or a link to the blog where the content appeared. - ADVERTISER AND BLOGGER ELIGIBILITY.
- PROTECTION OF MINORS.
- CONFIDENTIALITY.
- UNAUTHORIZED USE.
- PROVISION OF SERVICES.
- REPRESENTATIONS AND WARRANTIES.
- TRADEMARKS.
- INDEMNIFICATION.
- WARRANTY DISCLAIMER.
- LIMITATION OF LIABILITY.
- NOTICES.
- CHOICE OF LAW.
- ELECTRONIC SIGNATURES EFFECTIVE.
- MISCELLANEOUS.
IZEA, Inc. d/b/a PayPerPost ("PayPerPost v.4") provides you, and, if applicable, your Affiliates, access to its online marketplace at www.v4.payperpost.com (“Marketplace”), which allows Advertisers to compensate Bloggers for creating and distributing unique content (the "Service") subject to your acceptance of and compliance with these terms of service (the "Terms of Service" or the "Agreement"). If you do not agree to the these Terms of Service, please do not use the Service. Each time you use the Service, the current version of the Terms of Service will apply. Accordingly, when you use the Service, you should check the date of the Terms of Service (which appears at the top of this document) and review any changes since the last version. The Terms of Service will be available at all times at www.v4.payperpost.com.
In this Terms of Service, (i) "Advertiser" means collectively any person or entity who participates in the Service and deposits money into the Marketplace, and (ii) "Blogger" means collectively any person who participates in the Service and receives compensation for creating content in the Marketplace, and (iii) "Affiliate" means any entity or person that directly or indirectly controls any Advertiser or Blogger, and the term "control" with regard to this definition means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of an entity, whether through the ownership of voting securities, written voting rights agreement or other influence. These Terms of Service shall apply to all transactions conducted through the Service. The term of the Agreement will commence on the date you enroll as a Blogger or Advertiser and will end when terminated by either party in accordance with the terms of the Agreement (the "Term").
This Section 2 applies only to Advertisers participating in the Marketplace.
This Section 3 applies only to Bloggers participating in the Marketplace.
OTHER TERMS AND CONDITIONS
You must be eighteen (18) years or older to register as an Advertiser or Blogger in the PayPerPost v.4 Marketplace. By registering in the PayPerPost v.4 Marketplace, you are representing and warranting that all information you submit is truthful and accurate, and that you agree to maintain the accuracy of such information. You understand and agree that we will use the information you provide in accordance with the terms of the PayPerPost v.4 Privacy Policy (“Privacy Policy”), which is integrated into and included as part of these Terms of Service. PayPerPost v.4 accounts are not transferable, assignable or resalable under any circumstances.
Children under the age of thirteen (13) may not be the target audience of PayPerPost v.4 Opportunities and PayPerPost v.4 strives to protect their privacy. For this reason, Advertisers are prohibited from posting any Opportunity that targets children. PayPerPost v.4 also reserves the right to remove any Blogger with a blog that is targeted toward children.
"Confidential Information" means any information disclosed to an Advertiser or Blogger by PayPerPost v.4, either directly or indirectly, in writing, orally or by inspection of tangible objects, other than information that you can establish: (i) was publicly known and made generally available in the public domain prior to the time of disclosure to you by PayPerPost v.4; (ii) becomes publicly known and made generally available after disclosure to you by PayPerPost v.4 other than through your action or inaction; or (iii) is in your possession, without confidentiality restrictions, prior to the time of disclosure by PayPerPost v.4 as shown by your files and records. Advertiser and/or Blogger shall not at any time (i) disclose, sell, license, transfer or otherwise make available to any person or entity any Confidential Information (except to your employees and agents who have a legitimate need to know such information and are bound in writing by confidentiality and non-use restrictions not less protective than those contained herein), or (ii) use, reproduce or copy any Confidential Information, except as necessary in connection with the purpose for which such Confidential Information is disclosed to you and in accordance with the Agreement. Advertiser and/or Blogger agrees to take all measures to protect the secrecy, and avoid disclosure and unauthorized use, of the Confidential Information. Advertiser and/or Blogger may disclose Confidential Information if required by law to disclose the Confidential Information, provided that you give PayPerPost v.4 prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure, and provided further that any such disclosure is limited to the minimum extent necessary to comply with the legal requirement. All Confidential Information shall remain PayPerPost v.4's personal property and all documents, electronic media and other tangible items containing or relating to any Confidential Information shall be delivered to PayPerPost v.4 immediately upon PayPerPost v.4's request, and also, upon termination of the Agreement. Nothing contained in the Agreement will prevent PayPerPost v.4, its parent and/or affiliates from complying with privacy laws and regulations, and if there is any conflict between the Agreement and the terms of the applicable PayPerPost v.4 Privacy Policy (as posted on or linked from the PayPerPost v.4 Website), the Agreement shall control. Advertiser and Blogger may not issue any press release or other public statement regarding the Agreement, PayPerPost v.4, its parent and/or its affiliates without PayPerPost v.4's prior written consent.
Outside of an API provided by PayPerPost v.4, any attempt to utilize automated programs, bots, screen scraping, database calls, human initiated data collection or any other means of gathering data, content or other information for the purpose of reverse engineering our platform for commercial gain is strictly prohibited.
PayPerPost v.4 is constantly innovating and changing its Service offering in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which PayPerPost v.4 provides may change from time to time without prior notice to you. You acknowledge and agree that PayPerPost v.4 may stop (permanently or temporarily) providing the Services (or any features or functionality within the Services) to you or to users generally at PayPerPost v.4's sole discretion, without prior notice to you. You and/or PayPerPost v.4 may terminate this Agreement and/or your participation in the Service at any time, for any reason or for no reason, and PayPerPost v.4 shall not have any liability regarding such decisions. Sections 2 through 17 of these Terms of Service shall survive any termination of the Agreement.
Bloggers and Advertisers participating in the Marketplace each represent, warrant and covenant that (i) you have sufficient authority to enter into the Agreement; (ii) your use of PayPerPost v.4's services is solely for lawful commercial and business purposes; (iii) you have the necessary rights to provide all information provided under the Agreement (including all content, data, Opportunities, titles, URLs and descriptions) for use as described in this Agreement, and that all such information and all claims, statements, products and services contained or referenced herein and in the Website or blog: (a) do not violate any law, statute, ordinance, treaty or regulation or PayPerPost v.4 policy or guideline; (b) do not infringe any copyright, patent, trademark, trade secret or other intellectual property right of any third party; (c) do not breach any duty toward or rights of any person or entity including rights of publicity or privacy, and have not otherwise resulted in or are not likely to result in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (d) are not false, deceptive or misleading; (e) are not defamatory, libelous, slanderous or threatening; (f) will be free of viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots or other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any system data or personal information; and (g) comply with the applicable Master Agreement (if applicable); and (iv) you will not engage or cause others to engage in any form of spamming or improper or malicious, as determined by PayPerPost v.4, clicking, impression or marketing activities through the Service, and you will comply with all applicable laws including complying with all applicable laws such as the CAN-SPAM Act of 2003.
PayPerPost v.4™ and other PayPerPost v.4 graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of PayPerPost v.4 in the U.S. and/or other countries. PayPerPost v.4's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available on our media page may be used by partner and third party sites in connection with journalistic promotion of our services, commercial applications are forbidden except where pre-approved in writing.
Bloggers and Advertisers participating in the Marketplace each agree to indemnify and hold harmless PayPerPost v.4, its parent and affiliates and their officers, directors, licensors, partners, licensees, consultants, contractors, agents, attorneys, employees, third party service providers and third parties authorized by PayPerPost v.4 to make your listings, results, and/or Services available in connection with third party Websites, blogs, postings, content, applications and/or e-mails ("Third Party Products"), and their respective officers, directors, agents, affiliates, and employees (each, an "PayPerPost v.4 Entity" and collectively, the "PayPerPost v.4 Entities") from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees (collectively, "Claim(s)"), that actually or allegedly result from your information, use of the Service, any blog postings, your Website, or your breach of the Agreement. You agree to be solely responsible for defending any Claim against or suffered by PayPerPost v.4 and/or any PayPerPost v.4 Entity, subject to PayPerPost v.4 and/or the PayPerPost v.4 Entity's right to participate with counsel of its own choosing, and for payment of damages or losses resulting from all claims against PayPerPost v.4, and/or any PayPerPost v.4 Entity provided that you will not agree to any settlement that imposes any obligation or liability on PayPerPost v.4 and/or an PayPerPost v.4 Entity without PayPerPost v.4's prior express written consent.
ADVERTISER AND BLOGGER EXPRESSLY AGREE THAT THE SERVICES ARE AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND THAT YOUR USE THEREOF IS AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PAYPERPOST v.4 DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE OR PAYPERPOST v.4 WEBSITE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE OR THE PAYPERPOST v.4 WEBSITE, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND ANY OTHER WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY PAYPERPOST v.4. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICE OR THE PAYPERPOST v.4 WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT PAYPERPOST v.4’S WARRANTY DOES NOT COVER TELECOMMUNICATIONS OR INTERNET OUTAGES CAUSED BY THIRD PARTIES OR OTHERWISE OUTSIDE OF PAYPERPOST v.4’S CONTROL. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, PAYPERPOST v.4’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
ANY LIABILITY OF PAYPERPOST v.4 TO AN ADVERTISER IN CONNECTION WITH THIS AGREEMENT, UNDER ANY CAUSE OF ACTION OR THEORY, SHALL BE STRICTLY LIMITED TO TWENTY-FIVE PERCENT (25%) OF THE AMOUNT PAID BY ADVERTISER TO PAYPERPOST v.4 FOR THE SERVICES RELATED TO THE ADVERTISER’S MOST RECENT OPPORTUNITY (EXCLUDING AMOUNTS PAID BY ADVERTISERS TO BLOGGERS). PAYPERPOST v.4 SHALL NOT BE LIABLE TO BLOGGERS FOR DAMAGES OF ANY KIND ARISING OUT OF BLOGGER’S USE OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL PAYPERPOST v.4 OR ANY PAYPERPOST v.4 ENTITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF, OR IN CONNECTION WITH, THE AGREEMENT. ADVERTISER AGREES THAT ADVERTISER WILL NOT HOLD PAYPERPOST v.4 RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH THE AGREEMENT, INCLUDING WITH RESPECT TO CLICKS BY ANY THIRD PARTY ON ADVERTISER’S LISTING(S) OF OPPORTUNITIES, REGARDLESS OF THE INTENT OF SUCH THIRD PARTY.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF PAYPERPOST v.4 OR ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PAYPERPOST v.4’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
PayPerPost v.4 may give general notices to you by posting on its Website, or by electronic mail to the e-mail address provided by you to PayPerPost v.4. It is your responsibility to ensure that your e-mail address and any other contact information you provide to PayPerPost v.4 is updated, current and correct. All notices to PayPerPost v.4 shall be sent via recognized overnight courier or certified mail, return receipt requested, to: President, IZEA, Inc., 150 North Orange Avenue, Ste. 304, Orlando, FL 32810 USA.
Any dispute referring or relating to the Agreement or between the parties shall be governed by the laws of the State of Florida, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Orange County, Florida. Any claim against PayPerPost v.4 v.4 arising from the Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party.
(i) The Agreement is an electronic contract that sets out the legally binding terms of your use of the Service. You indicate your acceptance of the Agreement and all of the terms and conditions contained or referenced in this Agreement by clicking on the "I Accept" button in connection with your enrollment. This action creates an electronic signature that has the same legal force and effect as a handwritten signature. By clicking on the "I Accept" button, you accept the Agreement and agree to the terms, conditions and notices contained or referenced herein. When you click on the "I Accept" button during enrollment, you also consent to have the Agreement provided to you in electronic form. (ii) Please print a copy of the Agreement for your records. To retain an electronic copy of the Agreement, you may save it into any word processing program.
The Agreement constitutes the entire agreement and understanding between the parties regarding the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications in all forms of media (including all instructions, advertisements, messages and policies), written and oral, between you and PayPerPost v.4 regarding the subject matter contained herein. Only a written instrument executed by the party waiving compliance may waive the terms or covenants of the Agreement. No waiver by either party of a breach of any provision hereof shall be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself. If any provision of the Agreement is held or made invalid or unenforceable for any reason, such invalidity shall not affect the remainder of the Agreement, and the invalid or unenforceable provisions shall be replaced by a mutually acceptable provision, which being valid, legal and enforceable comes closest to the original intentions of the parties to the Agreement and has like economic effect. PayPerPost v.4 shall have no liability under the Agreement by reason of any failure or delay in the performance of its obligations on account of strikes, shortages, riots, acts of terrorism, insurrection, fires, flood, storm, explosions, earthquakes, Internet outages, computer virus, Acts of God, war, governmental action, or any other cause that is beyond its reasonable control. The parties are independent contractors and nothing in the Agreement shall be construed to create, evidence, or imply any agency, employment, partnership, or joint venture between the parties. Neither Advertisers or Bloggers are employees of PayPerPost v.4. Neither PayPerPost v.4, Advertiser or Blogger shall have any right, power, or authority to create any obligation or responsibility on behalf of the other. The Agreement is not intended to benefit, nor shall it be deemed to give rise to any rights in, any third party. You may not assign or transfer the Agreement, or sublicense, assign or delegate any right or duty under the Agreement without PayPerPost v.4's prior written consent. Any assignment, transfer or attempted assignment or transfer in violation of this Section shall be void and of no force and effect. PayPerPost v.4 and its subsequent assignees may assign the Agreement, in whole or in part, or any of its rights or delegate any of its duties, under the Agreement to any party. Any rights not expressly granted in the Agreement are reserved by PayPerPost v.4, and all implied licenses are disclaimed. Headings used in the Agreement are for reference purposes only and in no way affect the Agreement. The term "including" is a term of enlargement meaning "including without limitation," and does not denote exclusivity. PayPerPost v.4 may change the Agreement and/or the Privacy Policy at any time upon notice published on its Website. Any use by you, your Affiliates, agents, representatives, employees, or any person or entity acting on your behalf, of the Service after such notice shall be deemed to be continued acceptance by you of the Agreement and Privacy Policy, including any amendments and modifications thereto. All information or material in connection with a Service must be submitted in the form requested by PayPerPost v.4. PayPerPost v.4 reserves the right to discontinue offering, and/or modify the Services at any time. Except as otherwise specified by PayPerPost v.4, you agree that you will direct all communications relating to the Service or your participation therein directly to PayPerPost v.4 and not to any other entity. The organization, specifications, structure or appearance of any PayPerPost v.4 property or any page where your information (including listings) may be displayed may be redesigned or modified at any time.
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