Terms & Conditions
AGREEMENT AND TERMS OF SERVICE
A2zNews.com, LLC., referred to herein as A2Z (“A2Z”), administers this allfreebies.com Website. This agreement applies to this and any other Website, product, or service owned or operated by A2zNews.com, LLC. By utilizing any of these properties, you agree to be bound by the terms and conditions detailed herein. The company offers games, activities, and services including, but not limited to, game downloads, online games, game purchases, e-greeting applications, browser toolbars, game management utilities, free lotteries, contests, chat services, message boards, video streaming, affiliate programs, game review writing, affiliate email and newsletter tools, other assorted affiliate and social networking services, and general game content browsing.
If you violate the Terms of Service, A2Z may issue you a warning regarding the violation, or, in A2Z’s sole discretion, immediately terminate any and all Accounts that you have established with the company to be accompanied by optional prorated reimbursement of remaining period of membership funds balance. You acknowledge that A2Z is not required to provide you notice before terminating your account, although A2Z will strive to do so depending upon severity of the user breach of terms. See the ONLINE CONTENT and ONLINE CONDUCT sections of this document for further detailed information.
THESE TERMS IN CONJUNCTION WITH OTHER OFFERS
The Terms of Service and any posted rules or instructions regarding a particular game, activity, affiliation service, contest, or sweepstakes constitutes the entire agreement between you and A2Z regarding your rights and obligations in your use of any A2Z property. If there is a conflict between the Terms of Service and any other rules or instructions posted on or in an A2Z property, the company will resolve the conflict within its sole discretion.
Accounts (“Account” or “Accounts”) as used herein is defined as the account that results from registering for any service with A2Z. When you complete a registration process, you create an Account and you become a Member (“Member”). Your Account allows you to participate in specific services on A2Z web sites. To create an account, you will enter an email and password and in some cases an optional username. Your email and/or username is your A2Z identity. You may not select a username that is used by someone else, and your username cannot be indecent, or otherwise offensive, or be used in any way that violates the Terms of Service. You may not provide false information during the registration process. You must provide truthful and accurate information in creating your Accounts. A2Z requires all users to be over the age of 18, and we require all users registering accounts to indicate that they are over 18.
A2Z reserves the right to limit the number of accounts a user can establish. This limit may change over time at the company’s discretion.
You are solely responsible for all activity on your account and for the security of your computer system. You should not reveal your password to other users. A2Z will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered email address. You agree to indemnify and hold A2Z harmless for any improper or illegal use of your account by you. This includes illegal or improper use by someone to whom you have given permission to use your account or whom you have negligently allowed to access your account. Your account is at risk if you let someone use it inappropriately and your account in any of our services is subject to termination if you or anyone using your account violates our Terms of Service. If your account is terminated, you may not join A2Z again without our express permission.
IMPORTANT — READ CAREFULLY: These Terms and Conditions for A2Z Membership constitute a legal agreement between you (either an individual or an entity) and A2Z for the Service includes, but is not limited to product upgrades, support and access to content as described. You may only receive the Service if you are in good standing and have made required payments in a timely manner, or if you are in the trial period of the Services. If you do not agree to the terms of this Agreement, do not purchase or use the Services.
YOU AGREE THAT YOUR USE OF THE SERVICES ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
YOUR USE OF A2Z’S SOFTWARE (“SOFTWARE”) OR SERVICES WILL BE GOVERNED BY THE A2Z END USER LICENSE AGREEMENT ACCOMPANYING THE SOFTWARE OR SERVICE. THE TERMS OF THIS AGREEMENT SHALL SUPPLEMENT THE TERMS AND CONDITIONS OF A2Z END USER LICENSE AGREEMENT, AS WELL AS THE A2Z TERMS OF THE SERVICE FOR THE A2Z WEBSITE, WHICH SHALL BE INCORPORATED HEREIN BY REFERENCE.
1. PAYMENT & SERVICES
You agree to pay A2Z the applicable charges for your use of the Membership, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. You authorize A2Z to automatically bill the charge card you provide each month or on each applicable membership period renewal date, or withdraw funds via electronic transfer from your checking account (depending on what type of charge card you are using), until you cancel the Membership. Payments are billed in advance at the beginning of the applicable month or at the beginning of the applicable membership period, if not monthly. All payments are non-refundable. You may cancel your Membership at any time, but A2Z will not refund any remaining portion of your membership fees, including any minimum commitments, already billed to your account. You agree to provide A2Z with a valid credit card and accurate, complete and updated information required by the membership registration form. Failure to comply may result in the immediate termination of Services.
You are responsible and liable for any fees, including attorney and collection fees, that A2Z may incur in its efforts to collect any remaining balances owed by you. You also agree that you will be billed for and will pay any outstanding commitment remaining on your membership if you cancel the Membership, or the Membership is terminated for cause. You agree to notify A2Z about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to A2Z’s attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
2. CANCELLATION POLICY
3. A2Z’S RIGHT TO TERMINATE OR MODIFY SERVICES
A2Z may modify the terms of this Agreement or the Services, including but not limited to the price, content or nature of the Services, upon notice to you. In the event A2Z modifies the Agreement or the Services, you may terminate the Services. A2Z may terminate this Agreement and any Services at any time upon notice to you, provided that you will be entitled to receive the Services for any period for which you have already paid, or a pro-rata refund at A2Z’s sole discretion. A2Z may provide notice by email or by publishing the changes on its website and you acknowledge that this is sufficient notice. This Agreement will automatically terminate if you fail to comply with any term. No notice shall be required from A2Z to effect such termination. Upon any termination of this Agreement (whether by you or A2Z), you shall immediately discontinue use of the Services. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.
4. SERVICE USE RESTRICTIONS
You agree that you shall only use the Services in a manner that complies with all applicable laws in the jurisdictions in which you use the Services, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. Except as specifically authorized herein, you may not: (i) permit other individuals outside your immediate family household to use the Services; (ii) modify, translate, distribute or create derivative works of the Services; (iii) rent, lease, or otherwise transfer rights to the Services; and (iv) remove any proprietary notices or labels on the Service. You may only use the Services for your private, non-commercial use. You may not use the Services in any way to provide, or as part of, any commercial service or application. You may not attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to, or the rights in a content file. The Service embodies a copy management system required by the laws of the United States, and you may not circumvent or attempt to circumvent this system by any means.
In addition to any other remedies available in equity or law to A2Z and A2Z Content suppliers, failure to comply with any of the terms and conditions in this Section 4 Service Use Restrictions shall immediately terminate your license to the Content and the Services.
5. PERSONAL INFORMATION AND PRIVACY
You are responsible for maintaining the confidentiality of your password and account information. You are responsible for all activities that occur in your account and you agree to notify A2Z immediately of any unauthorized account use. A2Z tracks unique IP address associated with Services use and will automatically limit access upon reaching an interanlly maintained count threshold. A2Z is in no way responsible for any loss that you may incur as a result of any unauthorized use of your user account and password.
6. E-MAIL NOTIFICATION
To let you know what new Content and Services are available from time to time, A2Z will send you email describing the latest information about the Service or any changes or updates to the Service or your Membership. You agree that as a Service subscriber, A2Z may send you such email to the address you provide. Because this email is necessary for you to receive the Services, you will receive this email even if you have opted out of receiving other email from A2Z. If you do not want to receive this email, you may cancel the Service at any time as provided in this Agreement.
ONLINE WEBSITE MEMBERS ACCOUNT CHARGES, BILLING, FREE TRIALS
You may have a limited time access A2Z Members account without paying A2Z to participate in the activities on the A2z Website on a trial basis. However, if you register with A2Z to use the Website, A2Z will charge subscription fees after the free trial period has expired.
YOUR A2Z SUBSCRIPTION FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
A2Z reserves the right to change our fees or billing methods at any time and will provide notice of any such change at least 30 days prior to becoming effective. All changes will be posted on A2Z or sent by email announcement, and you are responsible for reviewing the notice to become aware of such changes. Your continued use of A2Z’s offerings after the posting or email announcement of the changes means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but A2Z will not refund any fees that may have accrued to your account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of our properties is subject to use or sales tax, then A2Z may also charge you for any such taxes, in addition to the subscription or other fees published in the billing section of A2Z.
For some services and activities, we may offer a free trial subscription or link to other Websites who also offer them. If you accept a free trial subscription with A2Z directly, A2Z will begin to bill your account for that service or activity when the free trial subscription expires, unless you cancel your subscription before that time; or if you agree to terms of any other promotion associated with that subscription. You are always responsible for any Internet service provider, telephone, and other connection fees that you may incur when using A2Z, even when we offer a free trial subscription. Trial subscriptions may not be transferred at any time to any other user.
Fees Charged By Third-Party Sites And Vendors
We may provide links to other Websites and some of these Websites may charge separate fees, which are not included in any subscription or other fees that you may pay to A2Z. A2Z may also provide access to third-party vendors, who provide content, goods and or services on A2Z or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your sole responsibility.
“Content” is defined herein as the software, communications, images, sounds, and all the material and information you encounter through A2Z. A2Z, our Members, our affiliates, and our independent content providers provide most of the Content on A2Z. A2Z may optionally pre-screen Content submitted by visitors to A2Z websites.
Strong vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for A2Z. Content standards may vary depending on where you are on A2Z, the type of game you are playing and the expectations of the community. Some game play and chat rooms may involve use of stronger language than others, including mild expletives. Always use your best judgment in online conduct. If it is inappropriate in the workplace, don’t post it on our message boards or chat rooms.
A2Z representatives may monitor your communications on A2Z. But we cannot monitor all of the Content on A2Z, and we do not attempt to do so. If you encounter something you don’t want to see, you can report it to the game support or complaint email address for the area in which the incident occurred. A2Z does not assume any responsibility or liability for Content that is generated by Members or other guests on A2Z. We reserve the right to reject or remove Content that is objectionable to us for any reason. This determination is in our sole discretion, and is final. A2Z does not assume any liability for any failure to remove, or any delay in removing Content.
Online conduct should be guided by common sense and basic etiquette. The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior on A2Z. You must also obey rules for use of third party tools, and rules of interactive service providers, state, local, federal laws, or foreign or international law where appropriate. Ignorance of the law is no excuse. We terminate use of A2Z and cooperate with law enforcement for illegal behavior.
You agree that you will be personally responsible for your use of A2Z and for all of your communication and activity in using the Service, including any Content you contribute, and that you will indemnify and hold harmless A2Z, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on A2Z, including any Content that you contribute.
You will violate the Terms of Service if you (or others using your account) do any of the following:
- Post, transmit, promote, or distribute Content that is illegal.
- Harass, threaten, embarrass, or do anything else to another Member or guest that is unwanted. This means: do not say bad things about them, do not send them unwanted messages, do not attack their race, gender, sexual orientation, religion, heritage, disability, etc. If you disagree with someone, respond to the subject, not the person.
- Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable. Hate speech is not tolerated.
- Disrupt the flow of communications in public exchanges with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, “spamming” or flooding [posting repetitive text].
- Impersonate another person (including celebrities), indicate that you are a A2Z employee or a representative of A2Z, or attempt to mislead users by indicating that you represent A2Z or any of A2Z’S partners or affiliates.
- Attempt to get a password, other account information, or other private information from a Member or any other user on A2Z. Remember: A2Z employees will NEVER ask for your password. Do not give your password, reminder words, or billing information out to anyone.
- Upload any software or Content that you do not own or have the legal right to freely distribute.
- Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
- Upload files that contain a virus or corrupted data.
- Post messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of our Service.
- Improperly use in game support or complaint buttons or make false reports to A2Z staff members.
- Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
- You may not modify any part of the Service or any Service Website that A2Z does not specifically authorize you to modify.
- You must obey all applicable laws, regulations and rules wherever you are on the Service. This includes rules for use of third-party technology and content, rules of interactive service providers, and federal, state, local and foreign laws where applicable. Ignorance of the law is no excuse. The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior on the Service. We will cooperate with law enforcement in such matters.
- You may not post or communicate any player’s real-world personal information within the Service or through any Service Website or any Service bulletin board.
- You will not attempt to interfere with, hack into or decipher any transmissions to or from the servers running the Service.
- You will not exploit any bug in the Service or in any A2Z product to gain unfair advantage in the service or game, and you will not communicate the existence of any such bug (either directly or through the public posting) to any other user of the Service.
- You will not do anything that interferes with the ability of other Service users to enjoy A2Z content and use of the Service, in accordance with its rules, or that materially increases the expense or difficulty of A2Z in maintaining the Service for the enjoyment of all its users.
If you encounter another user of the Service who is violating any of the Rules of Conduct described above, please report them.
A2Z does not recognize or condone any outside service that may be used for the exchange of points, assets or attributes that you may accumulate as a result of participating in the Service or playing your A2Z game. This includes the exchange of points or virtual items on services including eBayTM or Yahoo!TM Auctions. We don’t assume any responsibility for, and do not support, such transactions. ALWAYS USE CAUTION WHEN EXCHANGING ASSETS ON THESE SERVICES!
THESE RULES WILL APPLY TO ANYONE THAT YOU INTENTIONALLY OR NEGLIGENTLY ALLOW TO USE YOUR SERVICE ACCOUNT OR USER ID, AND THAT YOU ARE PERSONALLY RESPONSIBLE FOR THE CONSEQUENCES (INCLUDING TERMINATION OF YOUR ACCOUNT) THAT MAY RESULT IF ANY SUCH PERSON BREAKS THESE RULES. IN ORDER TO HELP MAKE THE SERVICE A GOOD EXPERIENCE FOR EVERYONE, A2Z MAY OCCASIONALLY FIND IT NECESSARY TO MAKE CHANGES TO, OR RESET CERTAIN PARAMETERS OF, THE SERVICE IN ORDER TO BRING IT BACK INTO BALANCE. THESE CHANGES OR RESETS MAY AFFECT CHARACTERS OR TEAMS UNDER YOUR CONTROL AND MAY CAUSE YOU SETBACKS WITHIN THE GAME WORLD. THESE RULES MAY BE CHANGED, AND NEW RULES MAY BE ADDED, AT ANY TIME. YOU AGREE TO CHECK THE SERVICE WEBSITE FROM TIME TO TIME TO REVIEW ANY RULE CHANGES THAT A2Z MAY HAVE MADE.
Public Nature of Communications
You acknowledge and agree that your communications with other users via chats, conferences, bulletin boards, and any other avenues of communication on this Service are public and not private communications, and that you have no expectation of privacy concerning your use of this Service. You acknowledge that personal information that you communicate on this Service may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications on our Service. A2Z is not liable for information that you choose to communicate to other users on the Service, or for the actions of other users.
By communication within the Service, i.e. by submitting a Posting, you represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information. If your Posting incorporates the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant A2Z permission to use such name, voice, likeness and/or image of such individual appearing in the Posting in all media throughout the world in perpetuity. Once you post or send any Content to A2Z, you expressly grant A2Z the complete and irrevocable right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content in any form, anywhere, with or without attribution to your screen name in A2Z’S discretion, and without any notice or compensation to you of any kind.
By submitting a Posting, you agree to defend, indemnify and hold A2Z, its parent, subsidiaries, affiliates and/or related entities and parties harmless from and against any breach or alleged breach of any of your representations, warranties or undertakings hereunder.
Commercial Activity and Unsolicited E-mail
You may not advertise any goods or services on A2Z. Chain letters and pyramid schemes are expressly prohibited. You may not use any area of A2Z to collect information, including login names, about A2Z Members, and use of such information to send unsolicited email or for any other purpose is strictly prohibited. You may not exploit A2Z, or any games or services offered on A2Z for any commercial purpose. Any violation of these provisions can subject your A2Z account(s) to immediate termination (or result in revocation of Guest status, if you are a guest) and to further legal action.
Proprietary Rights; Copyrights and Trademarks
Much of the Content available on A2Z is owned by A2Z or our licensors, and is protected by copyrights, trademarks, and other intellectual property rights. You will not copy or download any Content from A2Z unless we have expressly authorized you to do so in writing.
You must have the legal right to upload any Content to A2Z before you do so in writing. You will not copy, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the Content you find on A2Z, unless A2Z expressly authorizes you to do so in writing. Making unauthorized copies of any Content found on A2Z can lead to the termination of your A2Z account(s) (or revocation of Guest status, if you are a guest) and may subject you to further legal action. Similarly, other content owners may take criminal or civil action against you. In the event legal action is taken against you for your acts and/or omissions in participating on A2Z, you agree to indemnify and hold harmless A2Z and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.
Export Control Laws
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or A2Z Service subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to A2Z any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.
User’s Computer Information
Links to Third-Party Sites
A2Z may include hyperlinks to Websites operated by parties other than A2Z including advertisers, service providers and other content providers. Those sites may collect data or solicit personal information from you. A2Z does not control such Websites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
Additional Terms and Conditions for Specific Subscription Services
When you subscribe to use subscription services, you may need to read and agree to a service or membership agreement that is specific to that service, and which may have terms that are slightly different from the ones that are found here. Your subscription to that service, and usage of that service, is subject to those specific terms along with this Terms of Service. If there are any inconsistencies between the game specific terms and these terms, A2Z will be the final and sole arbiter of any such inconsistencies.
A2Z may require that you download software from A2Z or its licensors onto your computer (“A2Z Software”). A2Z grants to you a non-exclusive, non-transferable, revocable, limited license to use A2Z Software to play games on our Service. You may not sub-license, or charge others to use or access A2Z Software. You may not use A2Z Software for any purpose other than that contained within the license granted to you. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from A2Z Software. You may not modify A2Z Software or use it in any way not expressly authorized in writing by A2Z. You understand that A2Z’S introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by A2Z may vary depending on your computer and other equipment.
Software (games) are limited to three (3) re-activations per purchase.
NEITHER A2Z NOR ITS LICENSORS ARE LIABLE IN CONNECTION WITH YOUR USE OF THE A2Z SOFTWARE FOR ANY DAMAGES (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.
A2Z Software may be subject to United States export controls. By downloading A2Z Software from A2Z, you warrant that you are not located in any country, or exporting A2Z Software to any person or place, to which the United States has embargoed goods.
“Affiliate Program” is defined as affiliate programs for revenue sharing of income offered by A2Z. YOU AGREE THAT, BY USING THE AFFILIATE PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
The Affiliate Program is a program that rewards Affiliate Program Members for their referral of New User Membership to A2Z (referred to herafter as a “Referral”). A “New User” means a consumer whose email is not in any of A2Z’S databases, already contains a A2Z or Affiliate Program Member cookie, or is already associated with another Affiliate Program Member at the time of referral. Affiliate Program Members are expected at all times to abide by the Online Conduct rules as outlined in this Terms of Serivce agreement.
Affiliate Program Member Account Referral Code
A link code is provided to each Affiliate Program Member as a tool to allow the Affiliate Program Member to promote his or her participation in the Affiliate Program. Proper use of this code is required in order for an Affiliate to receive proper credit for referrals.
A2Z provides Affiliate Progam Members access to game and Website assets to enable them to participate in the Affiliate Programs. Content Feeds include all text and graphics associates with the Advertisements, Game Image or other Game Assets, XML Feeds, or other game related content provide by the Affiliate Program.
Affiliate Codes and Cookies
Cookies containing Affiliate Program Member’s affiliate code are used to track Referrals. Affiliate Program Members affiliate code cookie is placed on a potential New User’s machine as a result of one of the following events: a) when a potential New User clicks on a text or graphical link back to any area of A2Z with the affiliate code appended to the link; b) when a potential New User visits the Affiliate Program Member’s Game Space; or c) when the potential New User uses the download and/or buy inline frame from the Affiliate Program’s XML or SGS feeds.
Affiliate Program Members earn commissions on successfully completed transactions by Referrals in their network through the A2Z e-commerce system. Commissions are given to Affiliate Program Members on completed transactions that currently include game or subscription purchases. A2Z reserves the right to update, remove or otherwise alter the mechanisms on which commissions are earned at its sole discretion.
Your Referrals are considered to be in your “Network”. If your Referral joins the Affiliate Program, their Referrals are considered to be part of your “Network”. You earn a share of all game or contest service Gross Revenue that occur through A2Z’S E-commerce system. Gross Revenue is defined as the gross amount collected by A2Z less refunds, returns, charge backs, shipping and handling charges, and taxes. The share for each Referral in your Network is as follows:
- You earn 50% of Gross Revenue generated by your direct Referrals.
Affiliate Program Members are required to provide complete and accurate payment information before requesting payment from A2Z. Failure to provide complete and accurate information may result in the Affilaite Program Member forfeiting payment. To request payment, a Affiliate Program Member must:
- Have earned the minimum amount required before requesting payment
- $20.00 minimum in earnings before requesting payment by check
- $20.00 minimum in earnings before requesting payment through PayPal
- $500.00 minimum in earnings before requesting a wire transfer
- The member’s account must be in good standing
All payments are made in US funds and are payed monthly.
IRS Tax Regulations
Payments to Affiliate Program Members in the United States in a calendar year over $600 will require Affiliate Program Members to complete the IRS form W-9 and international payments will require a W8 BEN for to be completed. Affiliate Program Members will be alerted when their commission earnings reach $600 and will need to download IRS Form W-9 or W8 BEN from our website and return this form A2Z via one of the methods listed below before commission payments in excess of $600 can be sent:
4800 Whitesburg Drive
Huntsville, AL 35802
Content tools and content
Upon successful account activation, Affiliate Program Members will be given access to the A2Z toolset that include, but are not limited to, RSS feeds, XML feeds and the Referral System. A2Z reserves the right to limit or prohibit access to any of the content tools if a partner is in violation of these Terms of Service or at A2Z’S sole discretion for any reason.
Sending email and use of email tools
A2Z has a Zero Tolerance Policy regarding bulk email and fraud. As an Affiliate Program Member, you agree to only send email invitations or reminders to people you personally know or who have opted-in to receive mailings from you. A2Z tracks the volume of email that each Affiliate Program Member sends using our online email tools and flags any account that appears to have an unusually high number of outbound invitations compared with other accounts or has an unusually high unsubscribe or complaint rate. We take abuse reports very seriously and investigate each one.
When sending Affiliate Program-related email, either using the online email tools or their own personal mail client, Affiliate Program Members must comply with the requirements of the CAN-SPAM Act of 2003 (as amended) and any other applicable laws governing email communications or downloadable software applications, including without limitation, the following:
- Affiliate Program Members may not use false or misleading header information. The “From,” “To,” and routing information in the email, including the originating domain name and email address, must be accurate and identify the person who initiated the email.
- Affiliate Program Members may not use deceptive subject lines. The subject line cannot mislead the recipient about the contents or subject matter of the message.
- When sending email from their own email clients, Affiliate Program Members must give email recipients an opt-out method. Affiliate Program Members must provide a return email address or an Internet-based response mechanism that allows a recipient to ask the Affiliate Program Member not to send future email messages to that email address, and Affiliate Program Member must honor the requests.
- Affiliate Program Members may not use “spam,” “blast-faxes” or recorded telephone messages to advertise the A2Z Website or their participation in the My A2Z Program.
- Affiliate Program Members may not use the format, templates, design or any assets from the A2Z newsletter or promotional email in creating their Program-related email including but not limited to artwork, layout, images and descriptions.
- Affiliate Program Members may not send email using A2Z email tools more than once per week to a given individual.
For more information on compliance with the CAN-SPAM Act of 2003 please visit the Federal Trade Commission Website at http://www.ftc.gov/spam/
If you are promoting A2Z or the Affiliate Program on your own Website, your content may not include, without limitation:
- Violence, racial intolerance, or advocacy against any individual, group, or organization
- Hacking/cracking content
- Illicit drugs and drug paraphernalia
- Pornography, adult, or mature content
- Any other content that promotes illegal activity or infringes on the legal rights of others
- Sales or promotion of beer or hard alcohol
- Sales or promotion of tobacco or tobacco-related products
- Sales or promotion of prescription drugs
- Sales or promotion of products that are replicas or imitations of designer goods
- Any content that infers with the intellectual property or other rights of a third party
A2Z Website Look and Feel
Personal Websites belonging to Affiliate Program Members of the Program may not in any way copy or resemble the “look and feel” of the A2Z Website. Affiliate Program Members will not create the impression that their personal Website or Game Space is the A2Z . Website. Affiliate Program Members’ personal websites shall not contain any content from the A2Z Website or other proprietary materials of A2Z unless specifically provided to the Affiliate Program Member by A2Z.
URLs, Keywords, Search Terms, and other Identifiers
Affiliate Program Members shall not use uniform resource locators (URLs), domain names or other website identifiers that contain any A2Z trademarks or any derivative thereof. Affiliate Program Members shall not purchase, register, or bid on any keywords, search terms or other identifiers that include any trademark of A2Z, for use in any search engine, portal, sponsored advertising service, or other search or referral service.
Affiliate Program Members shall not use any corporate A2Z trademarks or any derivatives thereof in the Meta Data of any Affiliate Program Member owned or operated Website unless granted express permission by A2Z.
A2Z Title Specific Trademarks
Affiliate Program Members shall not use any A2Z trademarks or derivatives thereof including titles of published and A2Z created elements unless the terms are used to promote those titles referred to by the trademarks.
Affiliate Program Members shall not use any A2Z trademarks or derivatives thereof including titles, logos, artwork or any other assets of published and Big Fish Studios created games to create advertisements, banners or other promotional materials other than what is provided in the Content Feeds without the express written consent of A2Z.
Only approved content located in the A2Z XML feed is approved for use in promotion of A2Z content offered within the XML feed. Affiliate Program Members shall not use A2Z content, logos or assets to create ‘hard goods’ for physical distribution. These ‘hard goods’ include but are not limited to cd’s, cards or any other physical media that promotes either A2Z or the A2Z Affiliate Program. Any promotional program using physical media in combination with the Affiliate Program must be approved by A2Z in writing.
Affiliate Program Members may not under any circumstances use any method of “cookie stuffing,” which means as setting cookies for the A2Z Affiliate Program without the user being referred to A2Z, downloading a game from A2Z, or buying a game from A2Z. Examples of “cookie stuffing” include but are not limited to a) Using hidden inline frames or any other tools to place their affiliate code cookie on a user’s machine without meeting one of the above criteria; or b) Changing any information contained within the A2Z affiliate code cookie.
Affiliate Program Members may not change or obstruct the content of A2Z inline frames contained within the Content Feeds. This includes but is not limited to the A2Z logo, the A2Z download services information and any other assets provided via the Content Feed inline frames.Affiliate Program Members (individuals or businesses) may not “Nest” multiple Affiliate Program Accounts in a hierarchical manner to get royalties more than once for a single customer transaction. Examples of account “Nesting” are a) adding themselves as a Referral from one of their own existing different Affiliate Program Accounts; or b) adding a Referral to themselves or to the same business’s Affiliate Program Accounts or to another person or business legally associated with the Affiliate Program Member (i.e., spouse, second business owned by the same individual as the first).
A2Z reserves the right to suspend a Affiliate Program Member’s account if in its sole discretion any fraudulent or inappropriate activity or content is discovered on the Affiliate Program Member’s site. Fraudulent activity is prohibited on My A2Z. Fraud includes but is not limited to:
- Knowingly providing any false information, including mailing address or social security number;
- Participate in any activity that attempts to generate illegitimate, unearned revenue or registrations;
- Use automated scripts that attempt to mimic the activity of legitimate, human visitors;
- Harvest, mine, or collect email addresses for use with the Program. You may only send emails to people you personally know or those who have opted-in to receive your mailings.
Additionally, you may not use any software to advertise, market, or promote the Program, or your participation in the Program if the software does any of the following:
- Surreptitiously gathers a user’s personally identifiable information without the user’s explicit consent
- Restricts the user’s ability to close and pop-ups, pop-unders, or other advertisements that cover otherwise viewable content
- Displays an unreasonable number of pop-up or pop-under advertisements per day or per web browsing session
- Markets to children under the age of 13
- Sends unsolicited information or material to another computer
- Diverts the user to another site not requested by the user
- Initiates or terminates a user’s connection to the Internet
- Modifies the user’s settings with respect to browser home page, Internet connections (including default access provider), bookmarks, or security levels
- Keystroke logging
- Automatically re-installs or re-activates itself or another application after being uninstalled or removed by the user
- Removes or disables security, pop-up-blocking, anti-virus, anti-Adware, or anti-spyware programs on another user’s computer
- Violates the CAN-SPAM Act of 2003 (as amended)
Affiliate Program Members will adhere to the ONLINE CONDUCT as defined in this Terms of Service. A2Z may change the rules, participation terms, or payment terms and may cancel user accounts and associated future earnings at its sole discretion at any time, with or without cause. No payment terms currently agreed to are perpetually binding and may be changed, effective upon being posted on this Terms of Service agreement. You are responsible for reviewing the Terms of Service and your continued use of the My Game Space and Principal Network Partner services will be your acceptance and contractual performance with respect to such changes.
A2Z may terminate an Affiliate Program Member’s account if: (a) these Affiliate Program Terms of Service are violated in any way by such Affiliate Program Member, as determined by A2Z in its sole discretion, (b) such Affiliate Program Member substantially decreases or stops promoting A2Z and/or the Affiliate Program, or substantially promotes one or more affiliate program(s) of any competitor of A2Z more prominently than the A2Z Affiliate Program, all as determined by A2Z in its sole discretion, or (c) such Affiliate Program Member’s account is deemed inactive by A2Z, meaning that such account has not been logged into by such Affiliate Program Member in the immediately preceding six (6) month period. Upon any termination of an Affiliate Program Member’s account, all Referrals will be deleted from such Affiliate Program account, and any referral amounts that have accrued in such account will be forfeited, except as may be determined by A2Z in its sole discretion.
Network and membership statistics
A2Z reserves the right without additional compensation to use Affiliate Program Member statistics including but not limited to:
- Network growth
- Content tool usage
TERMINATION OF ANY A2Z ACCOUNT
A2Z and you both have the right to terminate or cancel any Account at any time for any reason. You understand and agree that the cancellation of your account or a particular Account is your sole right and remedy with respect to any dispute with A2Z. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of these Terms of Service or A2Z’S enforcement or application of this Agreement; (2) the Content available through A2Z or any change in Content provided through A2Z; (3) your ability to access and/or use A2Z; (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods; or (5) the amount to timing of payments for Royalties regarding your participation in an A2Z Service.
A2Z reserves the right to collect fees, surcharges or costs incurred before you cancel your account or a particular subscription. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation. In the event that your account or a particular subscription is terminated or cancelled, no refund will be granted; no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything within A2Z associated with it (such as points, tokens or in-game items). Active A2Z account holders may not allow former account holders whose account has been terminated by A2Z to use their accounts. Any delinquent or unpaid accounts or accounts with unresolved issues with A2Z must be settled before A2Z may allow you to register again.
Notwithstanding any other statements by A2Z on its website or marketing collateral, if your Account is terminated for an A2Z Serivce, you will immediately upon termination cease to accrue or earn any future royalties, commissions, funds or credits of any type.
NEWSLETTERS, CONTESTS & SWEEPSTAKES
By subscribing to A2Z’s internally administered newsletter(s), contest(s) or sweepstakes, subscribers understand they may be automatically entered into future contests and sweepstakes as long as they meet the applicable eligibility requirements, and also agree to all rules and conditions of those contests and sweepstakes. A2Z provides rules of participation for certain activities on this site including, without limitation, contests and sweepstakes by A2Z and in conjunction with third parties. This Agreement is incorporated by reference to the specific rules of participation which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate or are automatically entered into shall govern.
LIMITATIONS ON WARRANTY AND LIABILITY
YOU EXPRESSLY AGREE THAT THE USE OF A2Z, A2Z SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. A2Z, A2Z SOFTWARE, A2Z’S PRODUCTS AND SERVICES, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. A2Z PROVIDES ITS SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT A2Z WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH A2Z OR ITS LICENSORS IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT) YOU ACKNOWLEDGE AND AGREE THAT A2Z, ITS SUBSIDIARIES, LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR USE OF A2Z SOFTWARE. IN NO CASE SHALL A2Z OR ITS SUBSIDIARIES’, LICENSORS’, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “A2Z AFFILIATES”) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO A2Z FOR THE SERVICE. IN NO CASE SHALL A2Z OR A2Z AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF A2Z, A2Z SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH A2Z. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, A2Z’S AND A2Z AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. A2Z DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH A2Z AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Upon request by A2Z, you agree to defend, indemnify and hold harmless A2Z and its affiliates, subsidiaries, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your transmission of any Content on A2Z. A2Z reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to A2Z in that matter. This Section shall survive termination of this Agreement.
OTHER LEGAL TERMS
The laws of the State of Alabama, excluding its conflicts-of-law rules, govern this Agreement and your use of your Accounts, the Services and Memberships. You expressly agree that exclusive jurisdiction for any claim or dispute with A2Z or relating in any way to your Accounts, the Services and Memberships or your use of A2Z resides in the courts of Alabama, county of Madison and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Alabama in connection with any such dispute including any claim involving A2Z or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers.