END USER LICENSE AGREEMENT
This is the end
user license agreement (EULA) for the Materials received by "Turbo
Membership 2" (herein “TM2 Materials”). Please read carefully. By
copying, installing, downloading, or otherwise using these materials,
you agree that you understand, accept, and comply with the terms set
forth below. Failure to comply with these terms may result in
enforcement actions against you.
1. This EULA is the binding
legal agreement between you, the individual end user (“you”), and The
Internet Company, LLC (“TIC”, “we”, “us”), a Limited Company organized
and doing business at 501 Silverside Rd., Suite 105, Wilmington, DE,
19809, for the download, purchase, and license of the TM2 Materials. For
purposes of this Agreement the “TM2 Materials” includes the following
products published and released by "Turbo Membership 2" a) ebooks; b)
scripts (PHP/MySQL), WordPress(tm) plugins, Facebook(tm) applications,
software applications; c) articles on Internet Marketing; d) articles on
various niches, e) website templates; f) blog themes; g) niche headers,
h) graphics and clip-art, i) photographs. TM2 Materials also include
all applicable software and digital files to be installed on your
computer by virtue of the products described above, as well as all
printed materials, digital or electronic documentation obtained by you
through our website, http://www."Turbo Membership 2", or by any other
distribution channels now known or hereafter devised, regardless of the
legal standing of that distributor.
2. LICENSE:
2.1. TIC
owns all international copyrights in and to the TM2 Materials
including, but not limited to, all images, code, literary materials and
copy, graphics, data files, marketing concepts, trade secrets,
proprietary technology, and business methods. TIC prohibits any copying,
reproduction, and circumvention of technology of the TM2 Materials
beyond the terms of this license. The TM2 Materials are licensed to you,
as opposed to being sold or assigned to you, and your continued legal
use of the TM2 Materials is contingent upon your compliance with these
licenses. The license operates in two forms: The Private Label License
and the Limited Resale License.
2.2. The non-transferable,
revocable, non-refundable Private Label License applies to all TM2
Materials. Upon payment of applicable license fees, we hereby grant you
the non-exclusive, transferable, revocable, and limited right to:
2.2.1. Translate the TM2 Materials in any language pursuant to additional terms set forth herein; and
2.2.2. Modify underlying source files as a basis for your own works.
2.2.3. However, you may not:
2.2.3.1. resell these rights to any third party;
2.2.3.2.
Sell, transfer, or lease any source file, Word(r) Document, PSD file,
or source code contained in the Private Label License Materials.
2.3.3.3.
The PSD files contained in these products are for your use only, and
may not be sold, transferred, gifted, or leased to any third party;
2.3.3.4.
Graphics, images and photographs embodied in the products may not be
separated from the source or used in any manner except as part of the
product. For further information, please review the disclaimer below at
Section 3.
2.3. The non-transferable and Limited Resale
License applies to all TM2 Materials (herein “Resale License
Materials”.) Upon payment of applicable license fees, we hereby grant
you the non-exclusive, transferable, revocable, and limited right to:
2.3.1.
Sell products for the duration of your paid "Turbo Membership 2"
Membership; it being understood that upon cancellation or termination of
your membership for any reason, this license will also terminate and
you may longer resell the content;
2.3.2. Sell the ebook materials in .pdf format, provided that the special e-brander application not be sold;
2.3.3.
Offer an affiliate program for the products if you wish. Your affiliate
program should not pay more than 75% commissions on sales among any
level; only "Turbo Membership 2" can offer up to 100% commissions for
the products.
2.3.4. Add up to three products WITHOUT ANY RIGHTS
as a bonus to any offer for sale of your own product. Products to which
you have acquired under this Resale License must be identified as TM2
Materials and must be sold with the applicable terms of this EULA
included.
2.3.4. However, you may not:
2.3.4.1. Package the
products with any other product(s) and sell everything at a single
price, except as per section 2.3.4, above;
2.3.4.2. Sell any product without the disclaimer and limitation of liability as set forth in this EULA;
2.3.4.3.
Sell the products through any site whereby users can bid against other
users for the purchase of the product, including but not limited to
EBay(r); It being understood, however, that auction sites may be used to
sell CDs of the products at a fixed, non-biddable rate;
2.3.4.4. Add products to any site requiring membership to purchase;
2.3.4.5. Gift, donate, or otherwise give away any or all of the products.
2.4.
You agree that we may collect personally identifiable information from
you for purposes related to your use of our products and services and
that some personally identifiable information provided by you may be
stored outside the country in which you reside. For more information on
our privacy policy please visit: http://"Turbo Membership
2"/welcome/privacy-policy
3. DISCLAIMER:
3.1. TIC does
not claim any interest, right or claim in and to any image, photograph,
graphic, audio and video embodied in the TM2 Materials. These images are
licensed by a third party Licensor (“Licensor”), and TIC is a third
party beneficiary of that license. These images may only be used in
conjunction with the TM2 Materials. All copyrights and proprietary
rights in and to these images are the property of their respective
holders. These copyright holders are not affiliated with TIC, our
products or our website. They do not sponsor or endorse TIC or the TM2
Materials. Any claims for infringement in connection with these images
should be directed to the original Licensor.
4. LIMITATION OF LIABILITY:
4.1.
ALL INFORMATION, CONTENT, SERVICES, AND MATERIAL AVAILABLE IN THE TM2
Materials ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULL EXTENT
APPLICABLE BY LAW, WE DISCLAIM ANY WARRANTIES OR REPRESENTATIONS OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE NON-INFRINGEMENT
OF INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS.
4.2. YOUR
PURCHASE AND USE OF THE TM2 Materials IS DONE SO AT YOUR OWN RISK. WE DO
NOT WARRANT THAT YOUR ABILITY TO USE THE TM2 Materials WILL BE TIMELY,
SECURE, UNINTERRUPTED, OR DEFECT-FREE. IN NO EVENT WILL TIC (INCLUDING
ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS) NOR ITS AFFILIATES BE
LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS
OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OR
LOSS OF DATA, OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
ARISING IN ANY WAY OUT OF PURCHASE OR USE OF THE GAME.
4.3. IN
ADDITION, TIC AND ITS DISTRIBUTORS DISCLAIM ANY AND ALL WARRANTIES WITH
RESPECT TO THE PRIVACY AND INTEGRITY OF THE COMPUTER RESOURCES YOU USE
TO OPERATE THE TM2 Materials. NEITHER WE NOR OUR DISTRIBUTORS SHALL BE
LIABLE FOR ANY DISRUPTIONS, DELAYS OR OTHER OMISSIONS IN ANY CONNECTION,
DATA EXCHANGE OR OTHER INTERACTION THAT YOU MAY EXPERIENCE WHEN YOU USE
THE TM2 Materials. NEITHER WE NOR OUR DISTRIBUTORS SHALL BE
RESPONSIBLE FOR THE CONDUCT OF ANY USERS OR COMPUTERS THAT CONNECT,
EXCHANGE DATA, OR OTHERWISE INTERACT WITH YOU OR YOUR COMPUTER AS A
RESULT OF YOUR USE OF THE TM2 Materials.
5. DISPUTE RESOLUTION POLICY:
5.1.
You agree to follow this Agreement’s dispute resolution policy as set
forth below in connection with any potential claims or disputes arising
from your purchase, use, and resale of the TM2 Materials:
5.1.1.
Informal Negotiations. Parties to a dispute concerning this Agreement or
purchase, use, and resale of the TM2 Materials will attempt to
informally negotiate a potential settlement or resolution to the
dispute;
5.1.2. Online Arbitration. In the event that informal
negotiations are unsuccessful, the parties agree to follow the American
Arbitration Association’s online arbitration procedures to resolve the
dispute.
5.1.3. Binding Arbitration. If for any reason online
arbitration is unsuccessful or unavailable to the parties, parties agree
to submit to binding arbitration in the jurisdiction of Seattle,
Washington, USA.
6. WAIVER:
6.1. Our failure to enforce
at any time any of the provisions of this EULA or related agreements
shall in no way be construed to be a present or future waiver of such
provisions, nor in any way affect the right of any party to enforce each
and every such provision. The express waiver by TIC of any provision,
condition or requirement of this EULA or related agreements shall not
constitute a waiver of any future obligation to comply with such
provision, condition or requirement. Notwithstanding anything else in
this EULA, no default, delay or failure to perform on the part of TIC
shall be considered a breach of this EULA if such default, delay or
failure to perform is shown to be due to causes beyond the reasonable
control of TIC.
7. MISCELLANEOUS PROVISIONS:
7.1.
Jurisdiction and Choice of Law. The validity, interpretation, and
performance of this EULA are governed and controlled by the laws and
regulations of the state of Washington, USA. In the event of a dispute
you agree to submit to the personal and exclusive jurisdiction of the
city of Seattle.
7.2. Severability. If any portion of this EULA is
found invalid by any competent Court of Law, the invalidity will not
affect other provisions or applications of the remainder of this EULA
which can be given effect without the invalid portion.
7.3.
Notification of Changes to this Agreement. We may from time to time
change this Agreement. You agree that notification to you of these
changes will be effective upon posting those notifications and changes
on The Internet Company’s "Turbo Membership 2" web site.
7.4.
Prior Versions. This EULA, including our Privacy Policy, constitutes the
full understanding of your agreement with us. Any prior versions of
this document have no effect on this Agreement.
7.5. Assignment.
This EULA, including our Privacy Policy, may be assigned by TIC to any
third party at our sole discretion by acquisition of the TM2 Materials,
company, or by merger.
EULA SIMPLIFIED:
1. PRIVATE LABEL RIGHTS (PLR)
[YES] Can use content as your own.
[YES] Can translate to any language.
[YES] Can use the content offline.
[NO] Can pass Private Label Rights.
Materials delivered under the PLR license:
1.1. Ebook:
Word(tm) document of the ebook & sales letter.
PSD files of the graphics.
1.2. Script:
Source code.
PSD files of the graphics.
1.3. Articles:
.txt files
1.4. Minisites:
PSD files of the graphics.
1.5. Headers:
.jpg files
.PSD files
1.6. Graphics:
.jpg files
1.7. Photographs:
.jpg files
2. RESALE RIGHTS (RR)
The resale rights apply to the products AS IS.
[YES] Can sell the products on a stand-alone basis – unless they are offered as bonuses; read below.
[YES]
Can offer as bonus to a paid product or yours; three (3) products
maximum per offer. Products acquired with any type of rights do not
count as your own products.
[YES] Can offer an affiliate program that pays up to 75% commissions on all levels.
[NO]
Can sell the products in auction sites, like eBay.com(tm), etc.,
however you can USE those sites for selling the products through a CD
and using a FIXED price (not accepting bids.)
[NO] Can be added to a free or paid membership.
[NO] Can package and sell for one price.
[NO] Can deliver the brandable PDF kit of the ebook.
[NO] Can sell Resale Rights.
[NO] Can sell Master Resale Rights.
Materials delivered under the RR license:
2.1. Ebook:
Professional sales letter; you need to integrate it first with the minisite.
Minisite with all graphics.
2.2. Script:
PHP/MySQL script or WP Plugin or Facebook(tm) application.
Minisite with all graphics.
2.3. Articles:
Same as 1.3.
2.4. Minisites:
One-page HTML template for each template.
.jpg files of the graphics.
2.5. Headers:
.jpg files
2.6. Graphics:
Same as 1.6.
2.7. Photographs:
Same as 1.7.
Last updated: September 22, 2011