Date: 1st March 2016
Version number: 1.0

Terms & Conditions

Welcome to our website. Thanks for using our products and services (“Service”). The Services on Convertifire (“CF”) are owned and provided by Marketing Released B.V. (“MR”), located at Westerdijk 4-0602, 3513EW, Utrecht, Utrecht, The Netherlands. CF is a sub-brand of MR. MR is registered at the Chamber of Commerce in The Netherlands under number 62865668. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern CF’s and MR’s relationship with you in relation to this website. These are the Terms and Conditions (“Terms”) of Convertifire (“CF,” “we,” “us” or “our”). By accessing or using (mobile) applications, websites or any other CF service (together, the “Service”) made available by CF, however accessed, you agree to be bound by these Terms. The Service is owned or controlled by CF. These Terms affect your legal rights and obligations. If you do not agree to be bound by all of these Terms, do not access or use the Service.

PLEASE READ THE FOLLOWING IN ITS ENTIRETY BEFORE PURCHASING AND/OR USING ANY INFORMATION CONTAINED ON OUR SITE.

Registration and account security

1. You must be at least 13 years old to use the Service.
2. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employees or clients, CF prohibits the creation of and you agree that you will not create an account for anyone other than yourself.
3. You represent that all information you provide or provided to CF upon registration and at all other
times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
4. You agree that you will not solicit, collect or use the login credentials of other CF users.
5. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms or any other CF terms.
6. You are responsible for keeping your password secret and secure.
7. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

Safety

1. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example state, local and provincial) applicable to your use of the Service, including but not limited to, copyright laws.
2. You must not interfere or disrupt the Service or servers or networks connected to the Service,
including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any CF page is rendered or displayed in a user’s browser or device.
3. You must not change, modify, adapt or alter the Service or change, modify or alter another
website so as to falsely imply that it is associated with the Service or CF.

General Conditions

1. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Service or if you deactivate your account and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service.
2. We reserve the right to force forfeiture of any username for any reason.
3. Upon termination, all rights granted to you in these Terms will immediately cease.
4. We reserve the right to refuse access to the Service to anyone for any reason at any time.
5. You agree that you are responsible for all data charges you incur through use of the Service.
6. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means (except as may be the result of standard search engine protocols or technologies used by a search engine with the express consent of CF).

Intellectual Property Rights

1. CF hereby grants to you a non-transferable license to use the Service. You may not distribute or make the Service available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Service. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Service). Any attempt to do so is a violation of the rights of the CF. If you breach this restriction, you may be subject to prosecution and damages. The Terms will govern any upgrades provided by CF that replace and/or supplement the original Service, unless such upgrade is accompanied by updated terms in which case these terms will govern.
2. The Service contains content owned or licensed by CF (“CF Content”). CF Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and CF, CF owns and retains all rights in the CF Content and the Service. You will not remove, alter or conceal any copyright, trademark or other proprietary rights notices incorporated in or accompanying the CF Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the CF Content.
3. The CF name and logo are trademarks of CF, and may not be copied, imitated or used, in whole or in part, without the prior written permission of CF. In addition, all page headers, custom graphics, button icons and scripts are proprietary rights of CF, and may not be copied, imitated or used, in whole or in part, without prior written permission from CF.

Third Parties

1. There may be links from the Service, or from communications you receive from the Service, to third-party (mobile) applications, websites or features. The Service may also include third-party content that we do not control, maintain or endorse. CF does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that CF is in no way responsible or liable for any such third-party services or features. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

No Warranty

1. The Service, including, without limitation, CF Content, is provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, neither CF nor any of its directors, employees, managers, officers, partners, affiliates or agents (collectively, the “CF Parties”) make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Service; (b) the CF Content; (c) user content; or (d) security associated with the transmission of information to CF or via the Service. In addition, the CF Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, noninfringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
2. The CF Parties do not represent or warrant that the Service will be error-free or uninterrupted; that defects will be corrected; or that the Service or the server that makes the Service available is free from any harmful components, including, without limitation, viruses. The CF Parties do not make any representations or warranties that the information (including any instructions) on the Service is accurate, complete, or useful.
3. Although it is the intention of CF for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
4. You acknowledge that your use of the Service is at your sole risk. The CF Parties do not warrant
that your use of the Service is lawful in any particular jurisdiction, and the CFParties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these Terms.
5. By accessing or using the Service you represent and warrant that your activities are lawful in
every jurisdiction where you access or use the Service.

Limitation of Liability

1. To the extent not prohibited by law, in no event shall the CF Parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: a. the Service; b. the CF Content; c. user content; d. your use of, inability to use, or the performance of the Service; e. any action taken in connection with an investigation by the CF Parties or law enforcement authorities regarding your or any other party’s use of the Service; f. any action taken in connection with copyright or other intellectual property owners; g. any errors or omissions in the service’s operation; or h. any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the CF Parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the service). In no event will the CF Parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event will the CF Parties total liability to you for all damages, losses or causes or action exceed the amount of € 1.The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
2. You agree that in the event you incur any damages, losses or injuries that arise out of acts of CF or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product or other content owned or controlled by the CF Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any website, property, product, service, or other content owned or controlled by the CF Parties.
3. CF is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
4. You agree that any claim you may have arising out of or related to your relationship with CF must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Indemnification

You agree to defend (at the request of CF), indemnify and hold the CF Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): a. your access to or use of the Service; b. your breach or alleged breach of these Terms; c. your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; d. your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or e. any misrepresentation made by you.You will cooperate as fully required by CF in the defense of any claim. CF reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of CF.

Partial Invalidity

If, at any time, any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction will in any way be affected or impaired.

No Waiver

Failure of CF to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.

Territorial Restrictions

1. The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject CF to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that CF provides.
2. No software from the Service may be downloaded, exported or re-exported: (a) into any European Union and/or U.S. embargoed countries or (b) to anyone on a sanction list maintained by the European Union and/or the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

Changes

1. We reserve the right, in our sole discretion, to change these Terms (“Updated Terms”) from time to time.
2. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Updated Terms before using the Service.
3. The Updated Terms will be effective as of the time of posting, or such later date as may be
specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms will govern any disputes arising before the effective date of the Updated Terms.

Governing law and jurisdiction

1. These Terms, and any non-contractual obligations arising out of or in connection with it, are governed by and construed in accordance with the laws of the Netherlands.
2. All disputes between you and CF (whether or not such dispute involves a third party) with regard to your relationship with CF, shall be submitted exclusively to the competent court of law in MiddenNederland, the Netherlands, without prejudice to the right of CF as plaintiff to initiate proceedings before any other court having jurisdiction. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Earnings & Testimonials

1. Every effort has been made to accurately represent this product and it’s potential. There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, their ideas and techniques. We do not purport this as a “get rich scheme”, any claims made of actual earnings or examples of actual results are not typical. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.
2. Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential.
3. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.As with any business, your results may vary, and will be based on your background, dedication, desire and motivation. We make no guarantees regarding the level of success you may experience. Any testimonials and examples used are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results. You may also experience unknown or unforeseeable risks which can reduce results. We are not responsible for your actions.

Refund Policy

Since CF is offering non-tangible irrevocable goods, a digital product, a software, we do not issue refunds once the order is accomplished, completed and the product is sent. As a customer, you are responsible for understanding this upon purchasing any item at our site. By purchasing, and getting access to, CF (The Service), you agree that you are bound by the 30 day money-back guarantee.

However, we realize that exceptional circumstance can take place with regard to the character of the product we supply. If any of the reason below apply to you, you may discontinue with The Service within 30 days of purchase, in that case you can request a full refund of your investment in The Service. The request MUST be made within the 30 days after purchasing, and getting access to, The Service, and should be requested per ticket to our support desk.

  • non-delivery of the product: due to some mailing issues of your e-mail provider or your own mail server you might not receive a delivery e-mail from us. In this case we recommend contacting us over at our Support Desk for assistance. Claims for non-delivery must be submitted in writing within 30 days from the order placing date. Otherwise the product will be considered received and downloaded;
  • download and unzipping issues: it may happen so that you are having problems while downloading the product or its unzipping. Claims regarding such issues must be submitted to our Support Desk. If you do not properly contact us during this period, you agree that we may construe silence as a successful download of the product with no further right of redress or refund for a “download issue” reason. Failure to receive assistance for downloading or unzipping within 30 days may result in a refund decline;
  • major defects: although all the products are thoroughly tested before release, unexpected errors may occur. Such issues must be submitted for our Support Team’s approval. We keep the right to rectify the error or defect within 90 days of purchase. If any deficiency is approved and we fail to correct it within 90 days from the date of the initial complaint letter or any other notification provided by a Customer, the refund will be issued to the customer in full without any compensations or reimbursements. OR, at customer’s choice, replacement of the product of the same or around the same value can be offered; Please be advised that temporary access to your server can be requested by our technicians in order to identify and fix the possible issues with our Products. Failure to provide such access in a timely manner may result in a delayed resolution of the issue. Refusal to provide details will result in your inability to qualify for a refund.
  • product not-as-described: such issues should be reported to our Support Desk within 30 days from the date of the purchase. Clear evidence must be provided proving that the purchased product is not as it is described on the website. Complaints which are based merely on the customer’s false expectations or wishes are not honored.

Please note that we do not bear any responsibility and therefore we do not satisfy any refund/return/exchange requests based on incompatibility of our products with some third-party software (plug-ins, add-ons, modules, search engines, scripts, extensions etc) other than those which are specified as compatible in a description available on the preview page of each product. We don’t guarantee that our products are fully compatible with any third-party programs and we do not provide support for third-party applications.

Our Support Team is always eager to assist you and deliver highly professional support in a timely manner.

READ THIS CAREFULLY BEFORE JOINING THE CF AFFILIATE PROGRAM (“PROGRAM”). YOU AGREE THAT YOU ARE NOT ALLOWED TO PARTAKE IN THE PROGRAM IF YOU DO NOT ABIDE THE TERMS STATED BELOW, EVEN WHEN APPROVED FOR THE AFFILIATE PROGRAM. BY DOING ANY OF THE FOLLOWING, YOU WILL BE TERMINATED FROM THE PROGRAM AND AGREE THAT ANY COMMISSIONS WILL BE FORFEITED WITHOUT RECOURSE:

Affiliate Program Terms

1. You are NOT permitted to conduct e-mail promotions in a 3rd party system – all e-mail contacts MUST be your OWN opt in e-mail list. This means; you cannot buy solo ads, use safe lists, use spam or anything similar.
2. You must NOT run “negative” PPC or iframe domain campaigns such as “Product name / author name scam” or any other method to attract controversial click through rates that an ordinary person would deem to portray a negative view of the product. This creates a bad image for our company, brands, and the individuals featured in the products and you will be terminated from the program instantly.
3. You cannot earn commission on your own purchase. Any ‘self’ purchase commission(s) may be nullified or held back.
4. iFrames, review sites and cloaked domains are permitted as long as they do not contain offensive or negative domain URLs.
5. Affiliate payments will be set as delayed for affiliates with less than 50 sales on JVzoo for all other affiliates the commissions will be set to instant. Please describe briefly how you will be promoting and any links to your own websites.
6. We run a legitimate business, which means that we always correctly illustrate and represent our product/s and their features and benefits to the customer. Please make sure you do the same. Anyone found using misleading claims, inaccurate information or false testimonials (or anything that does not comply with FTC guidelines) will have their affiliate account revoked immediately.

How to contact us

If you have any questions about these Terms of the Service, please send an email to support@convertifire.io.

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