TERMS OF SERVICE
Last Modified: 15 December 2007
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.
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 Earned views may be accumulated in the User's account balance through
the meScreen.com website, including, watching videos, winnings, purchases, and referring
others for commission. ClickThru makes no specific guarantees or warranties as
to the number of views that will or may be earned for any action.
2.2 User has no ownership of any views reported in account balance and as such may
not buy, sell, exchange views in any way outside of provisions made on meScreen.com web site.
2.3 "Views" earned by watching other videos will be earned only when the video is playing for the lesser of the entire length of the video, or at least 2:00 minutes before leaving the video page.
2.4 A member's undelivered Views balance is guarateed to be delivered in that meScreen.com will direct another member'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 by this agreement is a User who has not logged in to meScreen.com within the previous 21 days.
2.7 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 other typical users (as determined by Clickthru) will forfeit all undelivered views and membership.
2.8 The User's undelivered views 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 in a manner not authorized by ClickThru.
2.9 A member may not artificially inflate any view counters, views balance, or other account metric using any device, program, robot or other means.
3. PAYMENTS
3.1 No member 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 and purchase, or failure to pay for
an authorized transaction, including but not limited to chargebacks, refunds,
and overdraft charges.
4. REPRESENTATIONS AND WARRANTIES
4.1 The User, represents and warrants that the User is of the legal age and
has sufficient authority to enter into this Agreement.
4.2 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.
4.3 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.
4.4 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.
4.5 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.
4.6 ClickThru makes reasonable effort to provide consistent and quality service
to its members, however, ClickThru makes no guarantees expressed or implied of
any kind regarding the dependability, accuracy, or timeliness of its services.
5. WEB SITE CONTENT AND OWNERSHIP
5.1 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.
5.2 ClickThru reserves the right to reject or remove at its discretion, any User
account, Video, hyperlink, or advertisement in the ClickThru database.
5.3 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, fouil language, unsolicited e-mail, or otherwise
adult-related, distasteful or inappropriate content.
5.4 The User may not link to or promote meScreen.com in newsgroups, unsolicited
or bulk e-mail, chatrooms, or guestbooks.
6. TERMINATION
6.1 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.
6.2 Failure to provide accurate information will be considered a breach of this
agreement
6.3 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.
6.4 ClickThru may at its discretion terminate this agreement by deleting any
account to which the User has not logged in for over 6 months.
7. INDEMNIFICATION
7.1 The member 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 member'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.
7.2 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.
8. PRIVACY
8.1 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
8.2 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
8.3 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.
9. MISCELLANEOUS
9.1 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.
9.2 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.