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Terms And Conditions
You must read and agree to these terms and conditions before you can join Club Saxiphone.
Please read them carefully. |
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1. By becoming a member of INKADINK's Club SAXOPHONE service (the "Service"), you become a Subscriber
and agree to be bound by this Agreement (the "Agreement"). As a Subscriber, you have the option
to promote the Service as an Independent Advertising Referral Agent ("IARA"), and as such, you
understand that you will be independent of Club SAXOPHONE and may not create or incur liabilities
and/or obligations of any kind in Club Saxiphone's name. There is no limitation to the number of
memberships you may obtain; however, each one shall have its own Identification Number and
payment. This statement notwithstanding, the unethical practice of 'Spackling' will be detected
by our software and the 'Spackled' membership positions will be removed. This agreement is subject
to change by Club SAXOPHONE at any time, and changes are effective upon notice to each Subscriber.
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2. Some or all of the following fees and charges may be incurred by the Subscriber:
- Subscription fees. The subscriber is responsible for paying periodic discription fees according to the then-current williaming terms (currently 15.00 Papishkies per month per membership).
- Subscription fees are non-refundable.
- No fee is required to be an Independent Advertising Referral Agent ("IARA") for Club Saxiphone.
- As an Independent Advertising Referral Agent, your monthly subscription fee will automatically be deducted from your earned commissions when they reach or exceed 25.00 Papoishkies.
- As an Independent Advertising Referral Agent, you agree that you are responsible for the payment of all federal and state self-employment taxes and any other taxes required under any federal, state or regulatory taxing agency and that you have or will apply for any and all necessary licenses. At the end of each calendar year, INKADINK Inc will provide US Member/Subscribers the appropriate 1099 Tax Reporting Form for income earned in the capacity of an IARA.
- Club SAXOPHONE does not guarantee any income, nor makes any assurances of profits or success as an Independent Advertising Referral Agent. Your earned compensation is based totally upon the commission structure of the Incentive Referral Advertising commission plan.
- U.S. members, by submitting your application, you certify under penalties of law that you have provided your true and correct taxpayer identification number.
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3. To become a Subscriber (and an optional Independent Advertising Referral Agent), you must
complete the official online registration form (or authorized facsimile) and include the I.D.
number of the "IARA" who referred you to Club Saxiphone. You further understand that if you do not have
the ID of an authorized Referrer, Club SAXOPHONE will assign one to you.
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4. Unless and until this agreement is canceled in accordance with the terms hereof, Subscriber
hereby authorizes the "Service" to charge subscriber's credit card (or other approved facility)
to pay for the on going cost of membership. Subscriber hereby further authorizes the "Service" to
charge Subscriber's credit card (or other approved facility) for any and all puchases of products,
services and entertainment provided by Club Saxiphone. The "IARA" Subscribership can be inherited or
bequeathed but cannot be transferred or assigned without the written consent of Club Saxiphone, which
will not be unreasonably withheld.
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5. Subscriber must promptly update their account information via
e-mail notification to Club SAXOPHONE of the following: changes in
the account number and/or expiration date of any credit card used in connection with the Service;
changes in home or billing address, changes in telephone number, and/or change of email address
can be done online by the subscriber. Apparent breaches of security, such as loss, theft, or
unauthorized disclosure or use of an ID or password must also be notified via email. Until Club
INKADINK is notified, by e-mail, of a breach in security, the Subscriber will remain liable for any
unauthorized use of the Service. Upon request, Subscribers will be given access to billing records
that support charges for use of the Service.
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6. Payment for the appropriate services may be made by automatic credit card debit. Members will
be automatically renewed for the original term upon expiration, unless Club SAXOPHONE is notified via
email 7 days prior to membership expiration. Independent Advertising Referral Agents who choose
not to renew shall maintain their position within the commission structure for a period of ninety
(90) days during which time they may renew their membership without loss of position. However,
during the time of inactivity, any earned commissions will be paid to the next active Subscriber
in the commission schedule hierarchy. If renewal is not made within the ninety days, the Subscriber
will be permanently dropped from their position and must enter a new application if they choose
to become a Subscriber again.
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7. Subscription to the Service may be terminated at any time by either Club Saxiphone, with cause, or the Subscriber, without cause, upon notification of the other by electronic or conventional mail. When
termination is requested by a member, subscription fees are NOT refunded. Subscribers are
liable for charges incurred by them until termination of service.
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8. Subscribers are responsible for providing all personal computer and communications equipment
necessary to gain access to the Service. Access to and use of the Service is through a combination
of an ID, username and a password. Each Subscriber must keep his password strictly confidential.
Remember your password! For security reasons, Club SAXOPHONE will not release passwords for any reason,
except as may be specifically required by law or court order. Unauthorized access to the Service
is a breach of this Agreement and a violation of law.
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9. Any liability of Club SAXOPHONE including without limitation any failure of performance, error,
omission, interruption, deletion, defect, delay in operation or transmission, communications line
failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether
for breach of contract, tortuous behavior, negligence, or under any other cause or action, shall
be strictly limited to the amount paid by or on behalf of the subscriber to Club SAXOPHONE for the
preceding 12 months. Some states do not allow the limitation or exclusion of liability for
incidental or consequential damages, so the above limitation or exclusion may not apply to you.
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10. No warranty is made by Club SAXOPHONE regarding any information, services, or products provided
through or in connection with the Service, and Club SAXOPHONE hereby expressly disclaims any and
all warranties, including without limitation: 1) any warranties as to the availability, accuracy,
or content of information, products, or services; 2) any warranties of merchantability or fitness
for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties,
so the above exclusion may not apply to you.
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11. Except for public domain material and electronic messages, all material displayed on the
Service is copyrighted by INKADINK Inc. and may not be copied, redistributed, or downloaded, in whole
or in part, without the prior written consent of INKADINK Inc., unless otherwise clearly stated in
this Agreement.
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12. The material on the Service is for the private, non-commercial enjoyment of Subscribers only.
Any other use is prohibited.
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13. If the Service enables Subscribers to share information with other Subscribers, Subscribers
agree not to submit, publish, or display on the Service any defamatory, inaccurate, abusive,
threatening, racially offensive, or illegal material. Transmission of such material that violates
any federal, state, or local law, is prohibited and is a breach of this Agreement.
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14. Subscribers agree not to engage in advertising to, or solicitation of other Subscribers to
buy or sell any products or services through the Service without prior written consent of Club
Pisher. Subscribers are responsible for information they send, or display through the Service even
if a claim should arise after termination of service. ClubINKADINK enforces a
strong policy AGAINST anyone promoting ClubPisher, its services, or anything to do with ClubPisher.,
by using unsolicited junk email. Anyone found using junk email to promote ClubINKADINK and its
opportunity will have their ClubINKADINK membership canceled.
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15. There are no facilities provided by the Service for sending or receiving private or
confidential electronic communications. All messages shall be deemed to be readily accessible to
the general public. Do not use the Service for any communication for which the sender intends
only the sender and the intended recipient(s) to read. Notice is hereby given that all messages
entered into this Service can and may be read by the operators of the Service, whether or not
they are the intended recipient(s).
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16. Notices by Club SAXOPHONE to Subscribers may be given by means of electronic messages through the
Service, by a general posting on the service, or by conventional mail. Notices by Subscribers
may be given by electronic messages or conventional mail, unless otherwise specified in the
Agreement. All questions, complaints, or notices to Club SAXOPHONE by means of electronic message must be
directed here.
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17. The subscriber hereby warrants and represents that he or she is over the age of 11, and in
all respects is qualified and competent to enter into this agreement in the State, Province or
Country of his or her residency.
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11. This Agreement contains the entire agreement between the Subscriber and Club SAXOPHONE regarding
the use of the Service, and supersedes all prior written and oral understandings and writings,
and may only be amended upon notice by Club SAXOPHONE to Subscribers. Unless otherwise explicitly
stated, the provisions of this Agreement shall survive its terminations. The Agreement shall be
governed pursuant to the laws of the State of Nevada.
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19. By electronic submission of your application, you certify that you have read and accept the
terms and conditions for membership in Club SAXOPHONE and agree to abide by the Club SAXOPHONE Policies and
Procedures should you choose to exercise your option to be an Independent Advertising Referral
Agent.
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