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This release of ZestBit.com is a limited beta test. While we have tried to make sure
that the Site works properly in this beta release, you are using it and any of its
services at your own risk.
Welcome to ZestBit.com!
ZestBit is a community of Insiders interested in sharing their interests with the
world. ZestBit.com provides a free platform with the Tools to write, post videos,
feature favorite stores, coupons, photos and products that further enhance our members'
passions. We encourage anyone with a desire to share to build a Twist and become
a part of this network of people 'in-the-know'!
1. You're in the Loop
This is a very important document.
Everything you need to know about ZestBit.com is laid out here in the Terms and
Conditions. In these Terms and Conditions you'll see the policies and conditions
you take on as a member and learn how we've defined a site designed especially for
you! All who visit ZestBit.com are responsible for upholding these standard Terms
and Conditions. If you use ZestBit.com in any way, you agree that you have read,
understood and agreed to these Terms and Conditions. As we add new functionalities
and as our site grows and develops, we reserve the right to add to and change our
Terms and Conditions as we deem necessary. The latest version of our Terms & Conditions
can always be seen at
http://www.zestbit.com/TermsAndConditions.aspx.
2. Member Rights and Responsibilities
ZestBit.com is built on the notion that you should have control of your internet
experience. However, we also expect that there are no abuses of this control and
you respect the rights and sensitivities of other users. If you as a user fail to
abide by the rules, you will have to forfeit your account, including any commissions
that may be earned, for inappropriate activity. Here is how to avoid this...
You must be 18 years or older to participate in the program. You also agree to provide
ZestBit.com with accurate information, no Jane Doe's allowed! If we believe you
have provided inaccurate information during registration or at any other time, we
reserve the right to terminate your account. in OUR SOLE DISCRETION!
As a member, you may maintain only a single account in the program at any given
time. Any duplicate accounts are subject to cancellation and the potential loss
of all your hard work on ZestBit.com, including any commission you have accrued.
Your password and account are personal to you and are non-transferable. You may
not allow anyone else to use your password or account and are fully responsible
for action that takes place under your Username. ZestBit.com will act on instructions
received under your password. If you suspect unauthorized activity in your account,
it is your responsibility to first CONTACT US at
Customer Care, and then CANCEL your membership and start anew. ZestBit.com
will not be liable for losses that are incurred through the use of your account
and/or password by a third party. Commissions earned under the program cannot be
assigned or transferred to a third party.
This is or will be YOUR Twist, and that makes it YOUR responsibility for all the
information you issue on ZestBit.com. This includes all images, links, information,
Usernames, titles, graphics, videos and music you post anywhere! ZestBit is not
responsible for any legal action, claims, loss or damage, or intellectual property
infringement which results from your violation of any of our Terms and Conditions.
To protect our users, and to protect you Do Not, we repeat Do Not use this a forum
to harass, defame, incriminate or intimidate others. If any content you issue on
ZestBit.com is threatening, libelous, obscene, harassing, offensive, racially hateful,
illegal (or the promotion of anything that is illegal), insidious or ethically negligent
(example: content containing animal cruelty or violence against any person or persons)
we will remove you and your account----FAST; and any and all commissions you might
have earned with be forfeited in our sole discretion.
Be honest about the rating of your Twist. If it's an Adult-Related topic, cite it
accordingly with and NC-17 rating, it's that easy. Otherwise, if your Twist is clearly
mislabeled your account may have to be frozen or we may re-categorize it for you
at our sole discretion.
The content of your Twist must be original, there is no plagiarism allowed so produce
your own and don't steal from anyone. If we become aware of plagiarism on ZestBit.com
the perpetrator will be removed.
If the content of your Twist or anything you issue on ZestBit.com resembles spam
you and your Twists will be removed. This applies to any Twist that redirects users
automatically, contains viruses or may cause emailed spam. Nobody wants this stuff
so spammers should expect the boot. Along those lines, no machines, scripts or automated
services may be used in the Program. Any attempt to tamper, hack, spoof, copy, modify
or otherwise corrupt the administration, security or proper function of any part
of ZestBit.com will result in termination of membership and bar you from future
participation, and may result in legal action.
You may not violate any Federal, state or local laws in your use of ZestBit.com.
You must uphold the laws of the country you reside in if you live outside of the
United States.
You must not violate the intellectual property rights of anybody in your use of
ZestBit.com. If you wish to use content that is owned by a third party, you are
responsible for getting the authorization from that party to use that content on
ZestBit.com.
Bottom line, we withhold the right to terminate your UserName and Password and any
Twist for any reason we see fit. This should never be a problem for you if you follow
the rules. If your membership is terminated by ZestBit.com, ZestBit.com may refuse
to pay amounts credited to your account if such amounts were earned in violation,
or after violation, of these Terms and Conditions. Should your account be terminated
by ZestBit.com, you are prohibited from re-enrolling under a new account unless
formally invited to do so by ZestBit.com
3. We Do Our Darndest for You....
ZestBit.com utilizes the appropriate industry practices to safeguard the confidentiality
of your account information and to prevent unauthorized access, maintain data accuracy,
and ensure the correct use of information. However no data transmitted over the
internet can be 100% secure. Consequently, while ZestBit.com makes every effort
to protect your personal information, any information you provide ZestBit.com is
transmitted at your own risk.
4. Communication & Privacy
You have control over how much contact other users are able to have with you.
First and foremost you reserve the right to have no communication with members.
All contact information will need to be activated by you in 'My Account' if you
decide you'd like to make your experience on ZestBit.com a more social one, and
we encourage this!
By joining ZestBit.com, you are agreeing to receive ZestBit.com notification and
promotional emails, e-newsletters and other email offers. If you do not wish to
receive these emails, you may opt out at any time by updating your account information
at Customer Care by clicking
on the unsubscribe link on the email itself; or by clicking the My Account link
at the top of the Home Page.
By joining ZestBit.com, you agree that you have reviewed and accepted our
Privacy Policy.
5. Participating in the Program
Part of the ZestBit.com commitment is to provide our writers with an incentive for
keeping a respectable and up-to-date page with good content. As such, members of
ZestBit.com may be rewarded with commissions for their efforts. Commission for a
Twist is a combination of a few factors. First, Google Adsense revenue is aggregated
and distributed to valid Twists based on an equation that factors in traffic numbers,
etc. This number is then added to commissions received from shoppers from your Twist.
These sales are aggregated and split after costs and overhead are taken care of.
You will be paid quarterly once your account reaches a minimum of $20. Or, better
yet, you can donate your money to charity, which will be paid out directly to the
charity. Every little bit helps! ZestBit reserves the right to change account payment
minimums and payment schedules as it deems necessary.
ZestBit reserves the right to adjust account earnings balances as necessary due
to merchant commission payment adjustments and bad debt, changes in merchant promotions,
and any other reason which in the sole discretion of ZestBit make such account adjustments
necessary. But hey, if you disagree with an adjustment made to your account, contact
us at Customer Care so we
can take another look and/or explain the adjustment to you. All decisions made by
ZestBit.com are final.
6. Content
ZestBit.com was designed for you! You are creating the content, displaying the content,
and generally keeping the pages looking good! We are providing to you tremendous
tools with which you can display content. Upon posting content on ZestBit.com, you,
or any third party that has granted you permission to use their content on this
site, are accepting full responsibility for the content assigned to your member
ID. The writer is responsible for all content uploaded and transmitted. As the content
is not generally edited before being published, ZestBit.com cannot guarantee the
integrity, accuracy or quality of the content on the website.
If you have a link directly to a store with which ZestBit.com or ShopAtHome.com has an affiliate program, ZestBit.com reserves the right to change the direct link to a link that will generate credit for the ZestBit.com affiliate program.
You own the content you post on ZestBit.com. By publishing content on ZestBit.com, you
are granting ZestBit.com and Belcaro Group Inc. the exclusive right to display,
reproduce, modify, publish, and adapt information provided. Certain information
from ZestBit.com may be used for marketing purposes on other websites, including
our sister site ShopAtHome.com. You grant ZestBit.com a royalty-free, non-exclusive
license to all information published on ZestBit.com.
ZestBit.com has the right to disclose content and account information when required
by law or legal subpoena; in an effort to enforce Terms and Conditions, respond
to third parties who offer claims against violation of rights, or to uphold the
rights of ZestBit.com employees or members.
7. Disclaimers
We make no warranties of any kind, either express or implied, including any implied
warranty of merchantability or fitness of the services provided for a particular
purpose or non-infringement. ZestBit.com shall not be liable for the content of
any posting on the Site. All account holders and users of ZestBit.com content expressly
agree that the use of any aspect of ZestBit.com is at their sole risk. ZestBit.com
shall not be liable to any user or third party for the inoperability or unavailability
of the services, technical failure, corruption of data, loss of information, or
any other malfunction of the Site and/or its services.
In no event shall ZestBit.com be liable for any indirect, incidental, consequential
special or exemplary damages, including, but not limited to, loss of profits or
business opportunity or other intangible losses; even if such damages were foreseeable
and even if a party has been advised of the possibility thereof. ZestBit.com's maximum
liability in any case shall not exceed the sum of $100.
8. Crossing the T's & Dotting the I's - The Legal Stuff
You as a ZestBit.com member, agree to indemnify and hold ZestBit.com, its parents,
subsidiaries, affiliates, officers, directors and employees, harmless from any claim
or demand, including reasonable attorney's fees, made by any third party due to
or arising in any way out of your participation in the program, your use of any
of the features of ZestBit.com, the violation of these Terms and Conditions by you,
or the infringement by you, or other user(s) of your postings or account, of any
intellectual property or other right of any person or entity, or as the result of
any threatening, libelous, obscene, harassing or offensive material contained in
any of your postings or communications having to do with and/or on ZestBit.com.
You may cancel your Membership at any time by indicating your cancellation on your
account information. Should you decide to cancel your membership or if there is
no activity in your account for a period of 12 consecutive months, you will forfeit
all earned commission and any other account balances. If you choose to re-enroll
at a later date, you will be assigned a new account number with a starting balance
of $0.
ZestBit.com reserves the right to immediately terminate the ZestBit.com Program
at any time with notice. You will have thirty days from the date of notice of program
termination is provided to redeem any commission you've made if it exceeds $20.
Notice of program termination shall be effective upon our sending such notice to
the email address you provide to ZestBit.com during the registration process. You
must respond to the email sent to you by ZestBit.com regarding verification of your
contact information and notification of program termination. Should you not respond
to the aforementioned email within 30 days of the notification of program termination,
you will forfeit any and all commissions that remain in your Member account. Notification
of program termination shall be effective upon our sending such notice to the email
address you provide to ZestBit.com during the registration process.
Any disputes and/or claims arising out of this Membership Agreement, the use of
the Site and/or any products and services acquired under or relating to this Agreement
shall be resolved exclusively through the use of binding arbitration. Such arbitration
shall be subject to the Federal Arbitration Act and the rules of the American Arbitration
Association which shall govern such arbitration and be conducted before a single
arbitrator in Denver, Colorado. Any claimants shall have their claims/disputes resolved
on an individual basis. Class action arbitration is prohibited under this Agreement.
Neither you nor we shall be entitled to join or consolidate claims in arbitration
by or against other users or arbitrate any claims as a member of a class or in a
private attorney general capacity. We will pay the costs of the arbitrator. Except
for the costs of the arbitrator, each party shall bear its own costs, including
any attorneys' fees. Any award rendered in arbitration shall be final and binding,
and may be enforced in any court having competent jurisdiction. In addition to any
other remedies, we shall also have the right to seek injunctive relief to protect
our intellectual property rights in and to our Site, the program, and any associated
services of the Site.
This Agreement constitutes the entire Agreement between you and ZestBit.com in connection
with general Membership in the program and supersedes all prior agreements between
the parties regarding the subject matter contained herein. If any provision of this
Agreement is found invalid or unenforceable, that provision shall be enforced to
the maximum extent possible, and the other provisions contained herein will remain
in full force and effect. No failure of either party to exercise or enforce any
of its rights under this Membership Agreement will act as a waiver of such rights.
Thanks for hanging in there; we know you'll love being an Insider on ZestBit.com!
Updated 0907
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