TERMS OF SERVICE
Last Modified: 25 August 2010
1. INTRODUCTION
1.1 This member agreement constitutes each User's Agreement with ClickThru, Inc. (hereafter "ClickThru"),
owner and operator of the meScreen.com web site. Each registered user (hereafter "User")
must agree to abide by all of the terms and conditions contained in this Member
Agreement in order to use any meScreen.com service which requires a login account or receive any
payment from meScreen.com.
1.2 Any use of a meScreen.com account constitutes User's acceptance of the terms and
conditions of this Member Agreement
2. Video Views
2.1 Guaranteed video view credits may be accumulated in the User's account through the
the meScreen.com website, by watching videos on meScreen.com in exchange or by purchasing views as an advertiser.
ClickThru makes no specific guarantees or warranties as
to the number of views that will or may be earned for any use of this site.
2.2 User has no ownership of any views reported in User's account and as such may
not buy, sell, or exchange views credits in any way outside of provisions made on meScreen.com web site.
2.3 "Exchange Views" earned by watching other videos will be earned only for the first 50 seconds on the page of any video, or the entire length of the video, wichever is less. A maximum of one view will be earned for each qualifying 300 second timespan.
2.4 A User's undelivered Views balance is guarateed to be delivered in that meScreen.com will direct another User's browser to load the associated video URL once for each undelivered view. meScreen.com makes no guarantees that the video's host site will deliver the video. The user must insure that video content is not blocked and made available by the host site.
2.5 A view shall be considered "delivered" as soon as the video URL is sent to the receiving browser. We cannot guarantee what the viewers browser does with that video URL, if the video is played, or if a person is physically watching at the video.
2.6 Undelivered views may be denied to or forfeited by any "Inactive" user. An "Inactive" user as defined for this purpose is a User who has not logged in to meScreen.com within the previous 21 days.
2.7 A User may not artificially inflate any view counters, views balance, or other account metric using any device, program, robot or other means.
2.8 An advertiser may buy views by specifying the maximum daily cost, and the cost-per-view they will
pay for each view of their video. Charges will be removed from a cash deposit that is made in advance of
receiving views. No more than 2 times the daily limit shall be deducted from the deposit within any 48 hour period. Any unused deposit may be refunded at the advertiser's request within 30 days of the deposit.
2.9 If a User chooses to earn payment credits for submitting a video, then there is no guarantee how many views will be delivered. Views are guaranteed only to paying advertisers and views earned from "video views exchange."
3. PAYMENT CREDITS
3.1 Payment credits are electronic representations of a User's contribution to meScreen.com.
Payment credits have no cash value, but at meScreen.com's discretion may be used to determine
the allocation any cash payments to Users.
3.2 User has no ownership of any credits and as such may
not buy, sell, exchange credits in any way outside of provisions made on meScreen.com web site.
3.3 Payment credits may be earned only by methods approved on the meScreen.com web site, including but
not limited to views of a User's video post, reffering others to meScreen.com, direct purchases, free winnings, contests or giveaways.
3.4 Payment credits do not correlate directly to a precise amount of money, time, or work.
Credits may be issued at the discretion of meScreen.com and need not correlate with any perceived value.
3.5 meScreen.com makes no guarantee as to how many credits will be issued to a User
3.6 Payment credits will not be taken away, except in the case where they were issued in error, uncollected ad revenue, or in contrary to any other specification in this agreement
3.7 If a users account is terminated for any reason including but not limited to inactivity, cheating,
or user request, the Users payment credits will be forfeited.
4. PAYMENTS
4.1 Users may request real cash payments from meScreen.com for any amount stipulated in their
account balance, minus cash request fees and other balances due.
4.2 Any fees incurred in processing, transmitting, or delivering the cash to the User will
be deducted from the User's Cash balance, or cash dispursement.
4.3 meScreen.com may adjust a Users cash balance to correct any errors, or inability to meet obligations.
4.4 meScreen.com may use payment credits to determine the payment allocation actual cash among
the general membership.
4.5 For those cash dispursements that use payment credits in determining the individual allocation,
the value of each credit will be published on our web site. This value shall not change by more than
3.5% per day or $0.000020 per day, whichever is greater.
4.6 In order to receive any cash dispursement, User must have provided all legal documents
required by Clickthru and their particular governments bodies, which may be required to meet
the laws of a local or national goverment.
4.7 A users cash balance may be reduced or zeroed if the User has become inactive or not accessed
the User's account in over 90 days
5. PUCHASES
3.1 No User shall be required to pay any dues to maintain an active
meScreen.com registration, except for optional fee-based services the User has
previous authorized.
3.2 ClickThru reserves the right to charge the User any additional fees
incurred by ClickThru as a result of a purchase, or failure to pay for
an authorized transaction, including but not limited to chargebacks, refunds,
and overdraft charges.
3.3 Clickthru agrees to maintain all payment and purchase information at
a level of privacy and security in accordance with our privacy policy which
is accessible at http://www.mescreen.com/privacy.php
6. REPRESENTATIONS AND WARRANTIES
6.1 The User, represents and warrants that the User is of the legal age in their local jurisdiction and
has sufficient authority to enter into this Agreement.
6.2 meScreen.com contains links to other Internet sites, videos, resources, and sponsors.
ClickThru is not responsible for the availability or content of these outside
resources; nor is ClickThru responsible for the Privacy policies and practices
or security or said web sites.
6.3 ClickThru does not represent or endorse the accuracy of any claim or
statement by any third-party, information provider, sponsor or entity not
owned by Clickthru, even if transmitted through ClickThru web servers.
6.4 ClickThru may change, suspend, or discontinue any aspect of service at any
time with or without notice, including the availability of any feature, database,
or content.
6.5 The User understands that the User participates with meScreen.com at his or her
own risk. ClickThru will not be held liable for damage or loss of information
that may occur from the use of ClickThru services.
6.6 ClickThru makes reasonable effort to provide consistent and quality service
to its users, however, ClickThru makes no guarantees expressed or implied of
any kind regarding the dependability, accuracy, or timeliness of its services.
7. WEB SITE CONTENT AND OWNERSHIP
7.1 ClickThru maintains ownership and all right to the meScreen.com name, logo, databases,
web site, information and site graphics. ClickThru web sites, including meScreen.com, are
protected by copyright as a collective works or compilations, pursuant to U.S.
copyright laws, international conventions, and other copyright laws. Users may
under no conditions use or modify any copyrighted material without written
authorization.
7.2 ClickThru reserves the right to reject or remove at its discretion, any User
account, Video, hyperlink, or advertisement in the ClickThru database.
7.3 User represents and warrants that any advertisements and/or the content
of any video submitted to meScreen.com, and links associated therewith, (i) does not
violate any law or regulation; (ii) does not infringe in any manner any copyright,
patent, trademark, trade secret or other intellectual property right of any
third party; (iii) does not breach any duty toward or rights of any person or
entity(iv) is not false or misleading; (v) is neither defamatory, libelous, slanderous
or threatening; and/or (vi) does not contain or encourage explicitly or
implicitly: Nudity, Pornographic material, foul language, unsolicited e-mail, or otherwise
adult-related, distasteful or inappropriate content.
7.4 The User may not link to or promote meScreen.com in newsgroups, unsolicited
or bulk e-mail, chatrooms, or guestbooks.
8. TERMINATION
8.1 This agreement and the User's account may be terminated at any time by either
ClickThru or the User. The User may terminate his or her account by sending a
request for termination containing their login alias or email, and password to
support@meScreen.com and removing any Clickthru copyrighted programming code, HTML,
links or corresponding images from any and all web sites or media on which it
was used.
8.2 Failure to provide accurate information will be considered a breach of this
agreement
8.3 ClickThru reserves the right to void account balances, cancel this agreement
and terminate the account of any User found to violate the terms in this agreement.
8.4 ClickThru may at its discretion terminate this agreement by deleting any
account to which the User has not logged in for over 90 days.
8.5 Any User suspected of cheating, sharing an account, or logging into another
user's account, or whose pattern of video watching differs significantly from that of
typical human viewing patterns (as determined by Clickthru) will forfeit all undelivered views,
cash balances and membership.
8.7 The User's undelivered views balance and cash balance will be altered or voided without
notice if ClickThru determines at its discretion that the User has used ClickThru services
for any intent other than that for which the services were designed, or the User accumulates
views or cash balance increases in a manner not authorized by ClickThru.
9. INDEMNIFICATION
9.1 The User agrees to defend, indemnify and hold the ClickThru harmless from
and against any and all claims, losses, liability costs and expenses (including
but not limited to attorneys' fees) arising from the User's violation of this
Agreement or any third-party's rights, including but not limited to infringement
of any copyright, violation of any proprietary right and invasion of any privacy
rights. This obligation will survive any termination of this Agreement.
9.2 Under no circumstances will ClickThru be responsible for any loss or damage
incurred by the User as the result of unauthorized interception or decryption
of information transmitted by the User to ClickThru or Information transmitted
by ClickThru to the User.
10. PRIVACY
10.1 ClickThru will never give away, sell or publish without User's permission,
any personal information as specified in the meScreen.com Privacy Policy available
at http://www.mescreen.com/privacy.php
10.2 User understands and agrees that others may view and access any information
or advertisements the User submits to ClickThru regarding any specific URL or video.
By submitting a video URL or description to ClickThru, the User authorizes
ClickThru to use all supplied information at the discretion of ClickThru without
any licensing fees and without limitation, as if it were in the public domain
10.3 Users acknowlegdes that any email sent to ClickThru or posted online through
meScreen.com, including messages forwarded to other users through ClickThru.com,
may be viewed by any ClickThru employee and are not confidential. All private
or confidential information included in such message is submitted at the user's
own risk.
11. MISCELLANEOUS
11.1 This Member Agreement has been made in and shall be construed and enforced
in accordance with Utah, United States law. Any action to enforce this agreement
shall be brought in the federal or state courts located in the state of Utah,
United States of America.
11.2 ClickThru reserves the right to modify, or change this agreement, including
all Terms and Conditions without notice, as it deems necessary. It is the User's
responsibility to keep current with changes in the Terms and Conditions.
Changes are effective for all Users, regardless of when the User originally
registered or joined.
The published date of this agreement shall be considered part of this agreement
and may be monitored by the User for changes.