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Terms of Service
December 12, 2013

These Online Terms of Service govern your participation in Pinerly, Inc. ("10ALIKE") advertising program(s), as well as your use of the 10ALIKE website located at https://www.10alike.com (the "Site"). By registering to use this Site, you agree to be bound by these Terms of Service. Your use of the Site is also subject to 10ALIKE's Privacy Policy, which is incorporated herein by this reference. If you do not agree to these terms and conditions, please do not register for or participate in the use of this Site. 10ALIKE reserves the right to change the terms and conditions of these Terms of Service at any time and at its sole discretion. 10ALIKE further reserves the right to change the Site, including eliminating or discontinuing any portion or feature thereof. Finally, 10ALIKE reserves the right to change any fees or charges affiliated with the Site. Below are specific terms related to your use of the Site.


Parties' Responsibilities

You are solely responsible for the Property(ies), including all content and materials, maintenance and operation thereof, the proper implementation of 10alike's specifications, and adherence to the terms of this Agreement, including compliance with the Program Policies. 10alike reserves the right to investigate, at its own discretion, any activity that may violate this Agreement, including but not limited to any use of a software application to access Ads or Links, or any engagement in any activity prohibited by this Agreement. 10alike is not responsible for anything related to Your Property(ies), including without limitation the receipt of queries from end users of Your Property(ies) or the transmission of data between Your Property(ies) and 10alike. In addition, 10alike shall not be obligated to provide notice to You in the event that any Ad or Link is not being displayed properly to end users of the Property(ies).


Accounts

  • You cannot create or manage multiple 10ALIKE accounts, unless given express permission from 10ALIKE to do so.
  • You cannot automate the creation of accounts programmatically unless given permission by 10ALIKE to do so.

Sharing on 10ALIKE

  • You must disclose that you are being compensated for endorsing a promoted link.
  • You will not generate clicks on any promoted link through any deceptive, fraudulent or invalid means.
  • You will not ask, coax, or compensate others to click on a promoted link.
  • You will not use any robots or other automated tools to generate or simulate clicks on a promoted link.
  • You will not place a promoted link on any web page that contains any hate-related, violent, adult or illegal content.
  • You will not disseminate malware of any kind using 10ALIKE.
  • You will not hide or mask the original link created by 10ALIKE using a URL shortener or by any other means.
  • You will not hide, frame, minimize, or redirect from any promoted link.

Advertising on 10ALIKE

Destination URLs:

  • Ads that contain a URL or domain in the body must link to that same URL or domain.
  • Destination URLs cannot generate a pop-up or pop-under when a user enters or leaves the page.
  • Destination URLs cannot use "mouse trapping", disabled "back button", "fake" closing, or any other unexpected behaviors.
  • Links must provide content or value beyond product purchasing or checkout.
  • Ads must directly relate to the content on the landing page.

Content Guidelines:

  • Ads must have an image, description, and destination URL.
  • Ads must not be false, misleading, or fraudulent.
  • Ads cannot contain, facilitate, promote, or reference the following:
    • Offensive, inappropriate, obscene, defamatory or unlawful content;
    • Tobacco products;
    • Ammunition, firearms or weapons of any kind;
    • Gambling;
    • Scams or illegal activity;
    • Contests or sweepstakes;
    • Get rich quick and other money making schemes;
    • Pornographic content;
    • Dating sites with a sexual emphasis;
    • Adult toys, videos, or other adult products;
    • Uncertified pharmaceutical products;
    • Inflammatory religious content;
    • Associations with hate, criminal and/or terrorist activities;
    • Hate speech, whether directed at an individual or a group;

Copyright Policy

10ALIKE respects the intellectual property rights of others. It is 10ALIKE's policy that it will respond expeditiously to a legitimate claim of copyright or other intellectual property infringement. 10ALIKE will promptly process and investigate any notice of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of a notice complying or substantially complying with the DMCA, 10ALIKE will act expeditiously to remove or disable access to any material claimed to be infringed or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. 10ALIKE will terminate access for subscribers and account holders who are repeat offenders.

To provide 10ALIKE with notice of infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Department" at copyright@10alike.com that provides the information specified by the DMCA (for more information, please visit: http://www.copyright.gov/legislation/dmca.pdf). Please note that, under the DMCA, you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

If 10ALIKE removes or disables access to the content in response to an infringement notice, 10ALIKE will make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that such removal was improper, you may provide 10ALIKE with a counter-notification by written communication to the "DMCA Infringement Notification Department" at copyright@10alike.com that provides the information required by the DMCA (for more information, please visit: http://www.copyright.gov/legislation/dmca.pdf). Again, please note that under the DMCA, you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain that an activity constitutes infringement, 10ALIKE recommends that you seek an attorney's advice.


No Guarantee

10alike makes no guarantee regarding the level of impressions of Ads or clicks on any Ad or Referral Button, the timing of delivery of such impressions and/or clicks, or the completion of Referral Events under this Agreement. In addition, for the avoidance of doubt, 10alike does not guarantee the Program will be operable at all times or during any down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of Your equipment, systems or local access services, (iii) for previously scheduled maintenance or (iv) relating to events beyond 10alike’s (or its wholly owned subsidiaries’) control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Google (or its wholly owned subsidiaries) or Your servers are located or co-located.


No Warranty

10ALIKE MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ADVERTISING AND LINKS, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. TO THE EXTENT ADS, AND LINKS ARE BASED ON OR DISPLAYED IN CONNECTION WITH NON-10ALIKE CONTENT, 10ALIKE SHALL NOT HAVE ANY LIABILITY IN CONNECTION WITH THE DISPLAY OF SUCH ADS AND LINKS.


Account Termination Policy

Earning:Accounts deemed to be associated with malicious behavior will be terminated and the account's balance will be confiscated.

Advertising:Accounts deemed to be associated with malicious behavior will be terminated and all existing ad campaigns will be removed from the Site. 10ALIKE will withhold the advertiser's account balance for 30 days to ensure that users are properly compensated for traffic generated for the advertiser. After 30 days, the remaining balance will be refunded to the advertiser's PayPal account. The advertiser will be banned permanently from using 10ALIKE.


Report Content Policy

10ALIKE will temporarily remove flagged content from the Site, making it invisible to the user reported for this time period. The flagged content will undergo a 72 hour review process, after which the content is either removed permanently or restored.


Limitation on Liability

IN NO EVENT WILL 10ALIKE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (including lost profits and lost data), OR FOR ANY DAMAGES IN EXCESS OF THE GREATER OF (i) US $5000, OR (ii) THE FEES PAID BY YOU TO 10ALIKE ARISING FROM YOUR USE OF THE SITE, REGARDLESS OF THE CAUSE (INCLUDING NEGLIGENCE) AND EVEN IF 10ALIKE WAS AWARE THAT SUCH DAMAGES MIGHT OCCUR. Some states limit or prohibit the limitation of liability in certain cases, so this limitation may not apply to you.


Indemnity

By accepting these Terms and Conditions, you agree to indemnify and hold 10ALIKE and its subsidiaries, affiliates, officers, agents, partners and employees harmless from any damage, liability, claim or expense (including reasonable attorneys' fees) arising out of or in connection with your use of the Site, your violation of these Terms of Service, or your violation of the rights of a third party or any law.


Links and References

The 10ALIKE site contains links and/or references to websites operated by unrelated third-parties. These links and/or references are provided for the convenience and reference of 10ALIKE's users. 10ALIKE does not control these sites nor is it responsible for their contents. 10ALIKE's inclusion of such links and/or references does not imply any association with these sites or any endorsement or approval of the services, merchandise, materials or contents available from these sites. If you decide to leave this Site and access any third-party site, you do so at your own risk. 10ALIKE does not control or review the usage terms or privacy practices of the linked sites.


Governing Law and Venue

In the event of any dispute about or involving the Site or 10ALIKE, you agree that the dispute will be governed by the laws of the State of Delaware as they apply to residents situated within the state. You further agree to the exclusive jurisdiction and venue of the state and federal courts of Delaware, and waive all defenses of lack of personal jurisdiction or that the forum is not convenient, except that 10ALIKE may bring suit against you in any court that has jurisdiction over your person or property. Any cause of action brought by you with respect to the Site must be brought within one year after such cause of action arose or be forever waived and barred.