Kiwi Hits Plus
|The Terms of
Service and Conditions as stated below govern the use of the web pages
for Kiwi Hits Plus and their associated services, web pages, domains and
which are owned and operated by Donald and Betty MacEachran and/or
Tin-Star Marketing Group as ("Owner").
Wherever this Notice refers to "users", "you", "your" it means "you", while "we" or "our" or "owners" refer to Donald and Betty MacEachran and/or Tin-Star Marketing Group and "Web Sites" or TMG, or TSMG, refers to the following individual
individually or as a group.
This Terms of Service is a binding agreement between you, TSMG and the owners. Acceptance of service implies consent and approval of this agreement, as well as any future updates, alterations or changes to this agreement. By registering for an account at any Tin-Star Marketing Group website, you state that you have read these terms, understand them, and agree to be bound by them.
In the event that we deem you to be in violation of the policies set forth in these Terms of Service, We reserve the right to immediately revoke your privileges granted to you under the licensing section of these Terms of Service and close any active account/accounts that can be linked to your information including, but not limited to ISP addresses or other Internet search options that may identify duplicate accounts registered to you.
IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE OUR WEBSITE.
We do not provide services or sell products to children. By using any of the TSMG websites you agree that you are at least 18 years of age or older.
If you are below the age of 18, you may not use any of the TSMG websites, unless and until you have provided a signed document by your legal guardian that specifically permits and allows you to become a FREE member only. Persons under the age of 18 will only be able to acquire units of advertising and will not be able to participate in any contests that may be promoted until you are above the age of 18 and have provided proof of becoming 18 years of age or older.
If you are a minor, please do not provide us, TSMG or other website visitors with any personal information other than the above mentioned letter. Never under any circumstances should you divulge and personal information regarding or pertaining to your location, phone, or pictures to anyone via any Chatroom or forum that may be incorporated with any TSMG site.
3.) ACCOUNT BALANCES, GAMES & CONTEST WINNINGS
No member shall be required to pay any dues to maintain an active account at any TSMG site. If a member chooses to participate in optional fee-based services, the membership fee must be paid in advance (by a subscription based method ranging from monthly , quarterly, half-yearly , yearly or other options) to maintain continuous service All TSMG sites work on a credit based system, i.e.
"You view other member's Offers to Gain credits" and "you use those credits to promote your offers"
A " Kiwi Hits Plus Credit " has no monetary cash value.
Credits may be part of a membership package, purchased, earned or won as prizes or in promos by surfing only. Upgraded Member Bonus Advertising will be added to members account upon monthly login. If the upgraded member does not login each month, that months credits can be forfeited.
Kiwi Hits Plus is a Traffic Exchange It is extremely important as an advertiser to keep your sites in rotation and just as important to Lonestar TE. Therefore as a Traffic Exchange, we reserve the right to log in to and assign credits in our member accounts.
Upon receiving payments for purchases, the individual TSMG website will verify that your account is credited and that all purchases are correct, along with our integrated IPN system your account will be updated immediately. You are not entitled to any compensation what so ever but the Owners at their own discretion have elected to share the profits generated through the sales of
purchases at the TSMG websites with you. Shared profits are a portion of the profit of each sale based on your current account status.
Your account balances will be credited (added to) your account with advertising credits every time you refer a new customer to the Web Site and they purchase services or products from the Web Site. These Terms of Service and Conditions governs the use of the web pages at all TSMG websites and their associated services, webpages, domains and sub-domains, which are owned and operated by Donald and Betty MacEachran and/or Tin-Star Marketing Group.
Account balances will only be paid from your TSMG or affiliated websites account when the balance is $15.00 or more, or at a lower level when special promotions are enacted. Account balances may not be combined to reach or achieve a payable balance and cannot be transferred between TSMG affiliate sites under any circumstances.
To aid in fraud prevention, your TSMG account information must be completely updated with accurate information, including but not limited to: your real first and last name, mailing address and a current payment processor email address. The name on your payment processor account and the name you registered with at TSMG or any affiliated websites must match.
At any time, if there is any suspicion that the names don't match, we reserve the right to ask for proof of ID to verify your legal identity to ensure accuracy and for security purposes. We reserve the right to refuse to process any payment to non-verified payment processing accounts or for failure to comply with these terms of service. A 5% processing payment processor fee may be assessed on payments depending on the payment processing service used.
Payments will be issued upon a request for payment and a verifying email confirmation of your current payment processor e-mail address. We may provide cash prizes or rewards for participating in promotions. These cash prizes or rewards will be added to your TSMG affiliate account balance and are subject to the terms set forth in this terms of service.
It is the responsibility of the member to manage the cancelation of any subscriptions if they are no longer required. Failure to cancel a recurring subscription is a member responsibility and no refunds will be given if the subscription rebills. Filing a dispute with your payment processor over this matter, is welcomed if you feel you have been wronged. However before initiating a dispute or chargeback action or a not received product dispute, every opportunity must be given to TSMG to correct or dispute any chargebacks with appropriate
documentation showing what has been done by management, and this documentation will be forwarded to any payment processor and may result in the deletion of your account at all our sites and a report will be sent to other owners, in the event of any false claims.
TSMG and its affiliates are not responsible for any lost credits, any damages or loss of data, or any other problems associated with using our services. You agree to use our service at your own risk.
4.) SITE REQUIREMENTS.
At any time during the life of your account with us, It is our right to verify that as a member you have at least one site, one banner ad and one text ad entered and credits or impressions assigned and that the ads are valid and are actually showing, i.e. if a banner has been deleted from a site and cannot be seen, you will receive a message from Admin that whatever the condition that exists must be rectified, within a reasonable period of time. No placement of a website ad in place of a banner, if a banner url is entered it must be in the correct size and shape to be displayed on any TSMG site.
5.) EMAILS AND NOTIFICATIONS.
By creating an account at TSMG, or at one of its affiliated websites, you agree to receive emails up to every 24 hours from the admin of the individual sites and/or Tin-Star Marketing Group.com. Please add any email address from TSMG or their affiliates to your address book and mark all emails from these
email addresses as NOT SPAM. This is to ensure all members get verification emails as well as website updates, payment info, updates, account issues, TSMG promotions or anything that we need to relay to all members.
The use of Auto-responders or Bounced emails as a contact email address is not allowed. If your email address bounces or sends back to TSMG or any of the affiliated website, a message with an
autoresponder, boxbe verification or similar applications, you will risk having your TSMG accounts deleted. All referrals, credits, and account balances will be lost if your account is deleted.
6.) ANTI-SPAM POLICY.
This sets forth our policy with regard to the use of "Spam" marketing techniques in connection with Internet Marketing. We have a strict policy against spamming. We have a zero tolerance for spam. We forbid the sending of unsolicited mass Emails or unsolicited Emails of any kind in connection with the marketing of TSMG, or our affiliates, and any programs, products and/or services that are offered thru our systems.
We reserve the right to suspend your TSMG account and participation, pending review upon receipt of any complaint or other evidence that you may be engaging in any spamming activity. If it is determined that you are indeed participating
in Spamming activities, you will be subject to having your TSMG account TERMINATED.
We consider spamming to be any activity whereby you
directly or indirectly transmit email messages to any email addressed that has not solicited such email and does not consent to such transmissions. We also consider spamming to constitute posting advertisements in newsgroups in violation of the
terms of participation in such newsgroups, that are off topic, or in news-groups that do not specifically permit advertisements We also consider it spamming when advertisements are placed on message boards or in chat rooms when they are not permitted by the terms of participation in such message boards and chat rooms.
If you are to include the TSMG name or any of their affiliate URLs in any email promotion, please only email to your own "double-opt-in" subscribers or on safelists, traffic exchanges, ad exchanges, list builders, classified ads, PTP or PTC marketing and other legitimate forms of advertising.
Do NOT use the TSMG name or any affiliate URL to send emails or messages via bought commercial bulk email or contact lists. Do NOT promote or advertise your affiliate page(s) using blasters or to purchased leads or on any program promising to blast your ad to millions of users. TSMG considers the above practices to constitute abuse of our service and of the recipients of such unsolicited mailings and/or postings who often bear the expense. Therefore, these practices are prohibited by these Terms of Service. Engaging in one or more of these practices will result in immediate termination of your TSMG account. If you are "Spammed" by anyone regarding our products, services, web site, or any other matters, please submit a support ticket thru our support desk to report this activity.
7.) MODIFICATIONS AND TERMINATIONS.
We reserve the right to modify, add, change or terminate these terms and conditions of use for any reason and at any time as we deem necessary without prior notice to you. If such changes are made, they will be effective immediately, and TSMG will notify you by a notice posted on TSMG's website's home page of the changes that have been made. If you disagree with the changes that have been made, you should not use TSMG's website. TSMG may terminate these terms and conditions of use for any reason and at any time without notice to you. If you are concerned about these terms and conditions of use, you should read them each time before you use TSMG's website. Any questions or concerns should be brought to TSMG's attention by submitting a support
ticket,and providing TSMG with information relating to your concern.
8.) LICENSEE STATUS.
You understand and agree that your use of the TSMG website is limited and non-exclusive as a revocable licensee. We may terminate your license to use TSMG's website, and access to TSMG's website, for any reason, and without giving you notice.
You are allowed only one account. Only one membership per person or IP address is allowed. Signing up for more than one membership is considered theft. In addition signing up under your-self in an effort to obtain compensation is also considered theft. Your accounts will be removed, and you will lose all account balances earned, credits, impressions, and any accrued referrals
Your account will be set to inactive status
after 365 days (One Year) of non-use. Once your account has been set to inactive, it will be terminated 15 days later. Logging into your TSMG account will reset the 6 year activity period. Anyone referred to TSMG that creates an account at any of TSMG's websites, becomes a customer of TSMG, and its Owners.
9.) CONTENT OWNERSHIP.
All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights,including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property. You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by support ticket.
If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by support ticket, or by sending mail to us at the address listed below. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
10.) REFUND POLICY.
All Sales Are Final. No refund requests will be honored. Once you have completed any purchase from any TSMG site, you acknowledge that you have read these terms fully and voluntarily agree to be bound by these terms which include a Zero Refund Policy, and that you expressly agree to forego any and all
11.) DISCLAIMERS AND LIMITATIONS OF LIABILITY.
TSMG is an information marketing tool used to help its members on the internet. The information on any of the TSMG websites is provided on an ''as is,'' ''as available'' basis. We do not guarantee any kind of results from using our services. You agree that your use of the TSMG website is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected. Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and we are not responsible for any loss resulting from your reliance on such information. If your jurisdiction does not allow
limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site. Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to the TSMG website, your use of the TSMG website, or the content, even if advised of the possibility of such damages. Our total liability for any claim arising out of or relating to the TSMG website shall not exceed Twenty-Five ($25) dollars and that amount shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these terms and
conditions of use.
We do not make any promises written or implied as to the amount of money that can be made from TSMG. Earning potential is entirely dependent on the person using our products, ideas and techniques. The results will vary for each person. Success in any endeavor is based on many factors individual to you. We don't know your educational background, finances, knowledge and various skills, prior experience, or time you can and will devote to our ideas and techniques. Since these factors differ according to individual, we cannot guarantee your success or income level.
12.) SITE CONTENT SUBMISSION POLICY.
By submitting any website or ad content to TSMG site, you agree that such content will meet the following requirements:
Content on Sites Must be in ENGLISH Only
No Frame-breaking Websites
No Pop-ups - No Pop-under - No Exit Pop-ups
No Fly In Ads
No Floating Ads that move on the screen
No Sites With Anything That Must Be Closed Before Surfing Can Continue or that cause the surfing screen to be interrupted
No Adult Content including Dating sites
No Sites Promoting Pirated Software
No Sites With Illegal Activity
No Viruses, Trojans, or Spyware
Site Does Not Load or Takes too Long to Appear
Website Not Viewable
No Auto Surf Systems
No Gifting Programs
No alerts, confirmations, prompts to large wins.
No Exit surveys, Pop Ups, Pop Unders or Exit Redirects.
No Auto Play Audio Or Video - All Must Have On/Off Switch.
No do not submit google adsense sites for your benefit.
Rotators for upgraded members only and all sites or banners in rotator must comply with above terms. Entire rotator will be deleted if any URL inside is reported or breaks these terms.
Banners must display correctly and match the URL content; and the URL must meet the above requirements. Banners must fit the proper display size for that type ie: 468X60, 125X125,
Splash 600X300. We reserve the right to not allow or ban any type of ad, product, person, company or website from TSMG or our affiliates, for any reason without notice.
13.) OBSCENE AND OFFENSIVE CONTENT.
Kiwi Hits Plus will take measures to prevent offensive information and advertising, and has the full right to delete any site that is inappropriate or questionable. Members are completely responsible for the content they promote on and using
Kiwi Hits Plus. Kiwi Hits Plus will not be held
accountable or responsible if a member is in violation of another legal agreement, copyright infringement, or any other issues. Members are responsible for ensuring they have the rights to promote a URL, and any content it contains
We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by support ticket so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.
14.) THE USAGE OF BOTS OR OTHER SOFTWARE TO
AUTOMATE THE SURFING FUNCTIONS.
Cheaters and Cheating Will Not Be Tolerated. The user agrees not to operate hardware or software designed to bypass the systems developed by Kiwi Hits Plus for the benefit of all the users.
Members are strictly prohibited from artificially accumulating credits or prizes to their account through the use of (but not limited to) any device, program, software or robot designed to auto click or alter the surfing environment in any way other than it's intended form of use includes using a program to surf for you, paying members to join, and any other actions the owner deems to be
Cheating will result in your account being suspended indefinitely without warning and all commissions, credits, impressions will be zeroed out. Also note, that entering a promo code for a site and failure to complete the requirements for that promo is considered as cheating and result can be loss of account status and all amenities.
You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, arising from your use of our website or your violation of these terms and conditions.
Digital Millennium Copyright Act Notices
Kiwi Hits Plus
respects the intellectual property rights of others. It is, therefore, Our policy to expeditiously process, investigate and address notices of alleged infringement, and to take appropriate action under the DMCA and other relevant intellectual property laws.
If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on Kiwi Hits Plus
Please provide the following information in writing to:
Kiwi Hits Plus Copyright Agent (see 17 U.S.C.
Section 512(c)(3) for further detail):
A. A signature (physical or electronic) of the copyright owner or a person authorized to act on behalf of the copyright owner.
B. A description of the copyrighted work that you claim has been infringed.
C. A description of the material that you claim infringing activity and is to be removed or have disabled, and information sufficient to permit Kiwi Hits Plus administrators to
locate the material.
D. Information sufficient for us to contact you, such as address, telephone number and e-mail address
E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
F. A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner.
If you believe that any content or materials you posted, uploaded or submitted to Kiwi Hits Plus
that were subsequently NOT REMOVED or NOT DISABLED from Kiwi Hits Plus or were improperly removed or disabled,
please provide the following Counter-Notification to:
Kiwi Hits Plus Copyright Agent (see 17 U.S.C.
Section 512(g) for further detail):
A. Your signature (physical or electronic)
B. A description of the copyrighted work that you claim has been infringed.
C. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
D. Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
The Copyright Agent Kiwi Hits Plus can be
reached as follows:
Kiwi Hits Plus
C/O Donald MacEachran
711 Scott Drive
Arlington Texas, 76012-4722
The Copyright Agent will only receive DMCA notices regarding claims of copyright infringement.
17.) PURCHASES & REFUNDS:
Kiwi Hits Plus provides a digital product and service.
Due to the nature of the product and service there will be NO REFUNDS provided, Not for any full returns or any partial product returns.
Kiwi Hits Plus does not guarantee results from
using our products or advertising options or site.
Kiwi Hits Plus cannot predict or guarantee any
results as this is solely the responsibility of the users and members to use the site by viewing, surfing and assigning credits and impressions to their posted MEMBER ADVERTISED OFFERS and keeping these offers in rotation to be seen.
18.) COMPLIANCE WITH GOVERNING LAW AND DISPUTE
You agree to obey all applicable laws while using our website. You agree that the laws of Texas govern these terms and conditions of use without regard to any conflicts of the laws or their provisions. You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must be arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone
else. All arbitration must occur in Texas, USA. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
19.) SEVERABILITY OF THESE TERMS AND CONDITIONS.
If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.
20.) HOW TO CONTACT US.
Any questions or concerns about these terms and conditions of use should be brought to our attention by support ticket, and providing us with information relating to your concern. You may also mail your concerns to us at the following address:
Tin-Star Marketing Group
c/o Donald E MacEachran
711 Scott Drive
Arlington, Texas 76012-4722
United States of America
21.) ENTIRE AGREEMENT
The above mentioned terms and conditions, including the policies incorporated herein by express reference, constitutes your entire agreement with us with respect to your use of TSMG and our affiliated websites.
UPDATED 24 March 2018
© 2018 Kiwi Hits Plus. All rights reserved worldwide.