Terms of Service

DukeBux terms for users, members and advertisers (terms last updated: Februari 1st, 2010) These term apply to anyone using the DukeBux website (www.DukeBux)("the Website") whether as a visitor, member or advertiser. You are not able to use the Website for any purpose if you do not accept these terms. We reserve the right to vary these terms at any time - whilst we will give members and advertisers notice of any changes, visitors are subject to changes as soon as they next visit the Website with the new terms posted. In these terms, reference to "we", "us", "our" and "ours" refers to DukeBux trading as "DukeBux" ("DukeBux"). In these terms, reference to "you", "your" and "yours" refers to the person or other legal entity visiting the Website, being a member of the Website or placing an order for advertising on the Website. TERMS APPLICABLE TO ALL USERS OF THE WEBSITE 1. General interpretation 1.1 Any headings in these terms are for ease of use and are not intended to form part of the terms nor effect their interpretation. 1.2 If you are more than one legal entity, each person or legal entity accepts joint and several liability under these terms. 1.3 Reference to something in the masculine form includes the feminine and neuter forms and vice versa and reference to the singular includes the plural and vice versa. 1.4 These terms are to be interpreted exclusively in accordance with English Law and any disputes regarding these terms will be subject to the exclusive jurisdiction of English courts of law. We make no representation that the Website and its content complies with the laws of other countries. 2. General provisions 2.1 No representations made to you will have any effect unless they have been confirmed in writing (obviously this clause is not intended to cover any fraudulent misrepresentations). As such, the terms of your order and these terms constitute the entire agreement between us. Unless these terms have been varied by us and confirmed in writing, no attempted variation is effective. 2.2 If we do not strictly enforce our rights under these terms at any time, we reserve the right to do so in future both in respect of a particular breach and in respect of any future breach. 2.3 These terms are not intended to benefit anyone other than you and us. 3. Rules for opening and maintaining member accounts 3.1 You may only have one account. Do not attempt to create more than one account or all of your accounts will be terminated. You should never need another account. Accounts are not transferable. If you have forgotten your user information, all you need to do is request for it to be e-mailed to you. 3.2 We reserve the right to refuse you as a member at the outset or at any time without notice or justification. 3.3 You may refer other people in your household. However, they must have a valid unique e-mail address and valid unique PayPal address/account to register with our program, and even a unique IP. If the IP is the same as yours, you will not be able to click ads. 4. Account access 4.1 When you register and create a user name and password ("access codes") to become a member, you are responsible for the safe keeping of your access codes and must not disclose it to anyone. You will be deemed responsible for the conduct of anyone using your account who has gained access to your account using your login information (with or without your consent). You are therefore advised to change any password regularly. 5. Termination of accounts 5.1 We have the right to suspend or terminate your account at any time, for any reason and without warning or notice. If we decide to give a notice, we will notify you by e-mail. If you are caught cheating in any way, your account will be deleted without notice. Please note due to the proprietary nature of our monitoring system, we are not able to disclose any detailed information nor discuss the reason. 5.2 Auto-Click/Software. If you are offering or found to be promoting or using any unauthorised third party software or services used to "auto-click", "auto-surf", "ad-alert", or circumvent or defraud DukeBux your account will be terminated without notice. Deletion of your account due to any of these violations results in forfeiture of all account balances. Please note that we reserve the right to take legal action for such violations. 5.3 Sending unsolicited mail to people, asking them to join DukeBux without any prior contact with you is not only against our policy, but it is also illegal. We have ZERO tolerance against spamming and if we receive just ONE SINGLE complaint against you for spamming, we first verify that the spam incident did occur and then we delete all current funds in your account. If you are reported as spamming for a second time, we will verify the second incident and then take the necessary steps for terminating your account. 6. Payments ("cash outs") to members 6.1 All payments are made via PayPal and no other payment method is being used at this time. Standard members can request a payment once they reached a minimum of $1 in their account balance. After completion of our extensive audit procedure, we will endeavour to process and issue your payment request via PayPal within 60 business days. Where payment requests are made for amounts above $100.00 it may be necessary for us to go through an additional verification process. You can request these payments 24/7. If you have pending earnings, your request will be added there. Please not that the members who requested their payment first, will be paid first. So it could take a very long time (even years perhaps.) 6.2 You must have a valid unique e-mail address and valid unique PayPal address/account to register with our program. 6.3 Our current pay rate is $0.02, or $0.01 for each website you visit and $0.01 or $0.005 for each website your direct referrals visit. 6.4 You can refer an unlimited amount of people to join the program but you will only earn referral income those that you DIRECTLY refer - this is not a pyramid scheme and therefore we do not reward you for the referrals from people you refer. 6.5 By joining DukeBux, you agree that you shall be fully responsible for any filing of taxes that is required by your governmental authorities. Because of our worldwide, international profile we will not do this for you, though we reserve the right to withhold tax if required to do so by law. 7. Refund Policy 7.1 Fees for upgrading your membership or purchasing intangible items are non-refundable except at our sole discretion. 8. Exclusions of liability/force majeure 8.1 We are not be liable for delays or failure in performance caused by acts of God, war, terrorism, strike, labour dispute, work stoppage, fire, act of government, or any other cause, whether similar or dissimilar, beyond our reasonable control. We reserve the right to restrict, alter, or modify fees, benefits, rules, regulations, special offers, membership terms and conditions or terminate services any time on one month's notice - notice will be sent to your last notified email account and is effective irrespective of whether the email is successfully delivered as long as it is sent to the correct account. 8.2 We are not responsible for any products and services of advertisers and we cannot get involved in any disputes between you and advertisers on the Website. Also, links to websites external to the Website are beyond our control and therefore any issue relating to such websites are between you and the relevant website owners. 8.3 The Website is provided us on an "as is" and "as and when available" basis to all users and we do not make any representation or warranty or condition, either express or implied, to you: " that access to the Website will be uninterrupted or error-free " that the Website or the computer server from which the Website is made available, are free of viruses or other harmful components (though we pass all content through an up-to-date virus prevention software system - we strongly advise you to keep all systems and data backed up at all times and to maintain your own up-to-date virus prevention software " as to the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any information, advice, content, service, search results, products or merchandise provided through the Website. 9. Checking out advertisers 9.1 We are not an agent for, nor do we vouch for those persons, companies and other organisations advertising on the Website. We advise all users to satisfy themselves as to the exact type and nature of goods or services being offered or qualifications held by those persons, companies and other organisations whose property, goods or services may be displayed or referred to in the Website. 10. Ownership of the Website and its content 10.1 Except where otherwise noted, all the content of the Website (including their design, text, graphics and arrangement) and the software used, are owned and controlled by us or our advertisers and are protected by copyright and other intellectual property right laws. You may only take copies of any written content for your own personal use. All other copying is not allowed. 11. The DukeBux trademark 11.1 "DukeBux" is our trade mark. All other trademarks, product names and company names or logos cited anywhere on the Website are the property of their respective owners. You may not use any trade mark without the relevant owners' written consent. 12. Advertisers' privacy obligations to members 12.1 You may be asked by an advertiser for information regarding yourself (such as credit card or other payment information). Advertisers are solely responsible for the use of any information that you provide to them. We strongly suggest that you make whatever investigation or enquiry you feel is necessary or desirable before proceeding with any transaction (whether completed online or off-line) with any advertiser. TERMS SPECIFIC TO ADVERTISERS 13. Advertisement display 13.1 We will, subject to compliance with these terms, display any advertisement accepted by us on the Website. We reserve the right to reject or withdraw your advertisement at any time, with or without justification, even after we have approved your advertisement. 13.2 Whilst we agree to use reasonable endeavours to ensure a properly functioning, accessible Website, you will appreciate that it is technically impossible to guarantee access to the Website 100% of the time or error-free functionality and we will not accept any responsibility for losses resulting from any temporary interruption of or other problems with service. If any errors come to your attention, please notify us immediately and we will endeavour to remedy the problem as soon as reasonably possible. 14. Advertiser's obligations 14.1 You must submit your copy for the Website together with your logo (if desired) online. 14.2 You warrant to us that all copy complies with the standards set by the Advertising Standards Authority and that no content will breach any third party intellectual property rights or be illegal, immoral, offensive or defamatory. You also warrant that all material you upload to the Website is free of any virus, worm, Trojan horse or similar thing and will not materially adversely affect the normal operation of any software or hardware of ours or of any visitor to our Website. You agree to indemnify us (on a full indemnity basis) against any costs claims and liability arising from any breach of this warranty. You are advised to ensure that before you upload anything other than text to the Website, you make sure it has been passed through up-to-date virus preventing software. 14.3 It is your responsibility to ensure that your website is functional and has the capacity to handle the volume of clicks we refer. The timer within each advertisement frame continues irrespective of whether your website is functional or not. Please note that if there is a problem with your website being unable to handle volume there may be a discrepancy between the charges you are liable to pay to us and the actual visits your receive. 15. Advertising payment terms 15.1 Advertise goes by Ad-Credits. You can buy ad-credits and use them for ads. Site-ads will appear in the right corner on the site, under the LINKS header. Paid links will appear on the Surf Ads page. 15.2 Advertising fees are to be paid via paypal or conversion from a member account following a cash-out request only. 15.3 After ordering ad-credits by paypal, we do our best to deposit them to your account as soon as possible (usually between 12 and 24 hours). 16. Advertiser privacy 16.1 You understand that by displaying the name or email address of a contact in your advertisement, you are providing personal data to us. As such, you warrant that you have the consent of the person whose name you have given to appear in the advertisement in compliance with the Data Protection Act 1998 and agree to indemnify us against any costs, claims and liabilities arising from any breach of that Act in the supply of that information. In particular, you warrant that you have informed all people whose name, email address or other personal data you have supplied that by consenting they are acknowledging that they are aware that their personal data will be available worldwide including in jurisdictions where there are no adequate data protection laws. 16.2 We, in turn, agree not to use that information other than for the display of the advertisement or any other Website for which we provide content from time to time and to inform you of our other services and of developments on the Website. 17. Exemptions and exclusions relating to advertisers 17.1 Neither you nor we are responsible for any breach of these terms insofar as that breach is a result of something beyond our reasonable control but both you and we agree that if that situation arises, we will do everything we reasonably can to overcome that problem as soon as possible. 17.2 We are not responsible to you for any indirect loss or for any economic loss or damage arising from any breach of these terms including but not limited to any delay in displaying an advertisement or any failure to display an advertisement. Our liability under these terms is in any event limited strictly to twice the amount payable for the particular advertisement.