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Account Holder Terms of Service

Our Terms of Use, Terms of Service and Privacy Statement describe the rules regarding your use of the websites and/or account registration on which a link to these Terms of Use, Terms of Service and Privacy Statement appear (collectively the Terms of Service). The Terms of Service are owned or controlled by YouthSays.com and its subsidiaries and affiliates. Throughout these Terms of Use, at any juncture the words 'we', 'our', or 'us' are used, we are referring to YouthSays.com. We may change the Terms of Service at any time. Your continued use of the Terms of Service means you agree with the most-current version of the Terms of Use, Terms of Service and Privacy Statement, all of which can be found on the YouthSays.com website (www.youthsays.com) (the Site). As a registered user of the YouthSays.com service, we beseech you to regularly review the Terms of Service.

Key Elements of the YouthSays.com services are summarized below:

  • All surveys are anonymous. We will never reveal personal information about you without your consent.
  • By being a member, you are agreeing to allowing the information you share with YouthSays to be compiled anonymously into intelligence reports for businesses.

Please note that the above is a summary only and is not intended to be representative of the entire terms of the Terms of Service. It is your responsibility to ensure that you understand the Terms of Service before you agree to join the Service. If you have any questions please contact us with your enquiry at info@youthsays.com.

In these Terms of Service the following terms are used:

  • This site together with any other websites owned and operated by YouthSays.com or any of its affiliates (Affiliates).
  • Persons who have registered for the Service, with the intention of utilizing the YouthSays.com service (Account Holders)
  • The process of providing the YouthSays.com service to enable Businesses to send you relevant Messages in exchange for rewarding your interactions (the Service)
  • Any third party entity using the YouthSays.com's service to send information to Account Holders (Businesses).

  1. 1. YOUR LICENCE TO USE THE TERMS OF SERVICE.

    You are granted a limited, non-exclusive license to use the Terms of Service and the information, text, visual images, products, and services made available by YouthSays.com (Content) solely for your personal non-commercial use, and in accordance with these Terms of Service. YouthSays.com reserves all rights to the Service and the Content.

  2. 2. REGISTRATION AND USE.

    1. 2.1 Purpose

      The Service enables Businesses to select your profile and request your attention and feedback to advertising marketing and market research communications via the Service framework (Messages). Businesses will pay you for completing a Message and pay you for your attention and feedback (where appropriate) whilst maintaining your privacy and anonymity to those Businesses. The Service and its component elements are exclusively, permission based which requires all Account Holder to Opt-in. That means the choice of joining and continuing to take part in the Service and level of participation is entirely yours.

    2. 2.2 YouthSays.com Account Information

      To join the Service you must validly provide information into your YouthSays.com Account. Provided you have complied with and agreed to the Terms of Service you will be issued with a user name and password.

      You must keep your user name and password confidential and must not reveal your password to anyone. You are entirely responsible for any and all activities that occur under your YouthSays.com Account. YouthSays.com will not be liable for any losses or damage incurred as a result of the unauthorized use of your user name or password.

      You agree to notify us immediately in the event of any unauthorized use of your YouthSays.com Account or any other breach of security. Notification should be made by email to info@youthsays.com.

    3. 2.3 Your Money

      YouthSays.com will hold all funds generated by the provision of the Service. YouthSays.com will on your behalf maintain a credit against your name for all funds paid by a Business to you. No money will vest in you as a YouthSays.com Account Holder until that money is paid to you or at your direction as permitted under these Terms of Service. Nothing in these Terms of Service creates an obligation on YouthSays.com as agent, trustee or any other fiduciary relationship for you as a YouthSays.com Account Holder.

      YouthSays.com will retain financial information relating to your Transaction Record. To the extent possible, YouthSays.com will store this information in a non identifying form. Particulars of the amount standing to your credit will be clearly displayed as 'My Money' - accessible after you log into your YouthSays.com account.

    4. 2.4 Transferability

      Your YouthSays.com Account, password and user name is personal to you and is not transferable under any circumstances.

    5. 2.5 Accurate Information

      You may only use the Service for lawful purposes. You are also responsible whenever your user id and password is used, and any and all related charges (for instance, charges related to ordering certain services), whether or not authorized by you.

      You must provide us with valid and truthful information. In particular you agree that the information provided on the YouthSays.com registration screens, together with any other personal contact details are valid and correct.

      You must inform us of any change in the information provided by you on the YouthSays.com registration screens (including but not limited to email address and other personal contact information) as soon as practicable. See Conditions of Use below.

      You further agree to use reasonable efforts to keep any other information provided up to date. As one of the conditions of your use, you warrant and represent that you are a genuine or bona fide Account Holder and that you are not using the Terms of Service for any other purpose. It is YOUR RESPONSIBILITY to ensure that your use of the Service complies with these Terms of Service and any notices received by you from YouthSays.com.

      Before using the Terms of Service, you warrant and affirm that you will NOT:

      • Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
      • Delete any author contributions, legal notices or proprietary designations or labels that you upload to any communication feature;
      • Upload or transmit any information that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
      • Delete or revise any material posted by another person or entity;
      • Use the Network to send unsolicited messages.
      • Use, post or transmit any material of any kind which YouthSays.com considers, does or is likely to damage the Businesses or the reputation of YouthSays.com; and
      • Provide any information that: (a) is false, inaccurate, misleading or incomplete; (b) violates any law, statute, ordinance or regulation; (c) is defamatory, trade-libelous, unlawfully threatening or unlawfully harassing; and (d) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

    6. 2.6 Authentication of Information

      We reserve the right at our discretion to request verification of, or verify on your behalf, any information provided by you, including but not limited to the information provided on the YouthSays.com registration screen. Participation in the Service Unless we explicitly state otherwise, use of this Service is limited to:

      • individuals 15 years of age or over.

    7. 2.7 Conditions of Use

      The following are the principal conditions of your use of the Service. We reserve the right to terminate your use of the Service should you violate or fail to comply with any of the following conditions:

      • you may only apply for and maintain one YouthSays.com account;
      • the information you provide on the YouthSays.com registration screens must be your details and must be complete, valid, truthful and correct and you must keep this information up to date by accessing 'My Profile';
      • you must update the information contained in any questionnaire or survey sent by YouthSays.com on a regular basis in a manner prescribed by YouthSays.com;
      • you must validate your e-mail address by entering the validation code sent to your nominated e-mail address where prompted within a reasonable period of time after registering for the Service;
      • you may not join nor use this Service on behalf of another person;
      • you must not use anyone else's YouthSays.com Account; and
      • you agree to receive Messages either by Internet, cell phone or both (see Receiving communication below).

  3. 3. OUR PATENTS, COPYRIGHTS AND TRADEMARKS.

    The Service belongs to or are licensed to us. The Service is protected by patent, trademark, and copyright laws. There are some important rules about using the Service. You may e-mail, download, or print copies of our communications, but only for your personal, non-commercial use. Except as otherwise provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any Content. When you e-mail, download, or print a copy of the communications or content, you must also include all copyright and other notices on the content, including the copyright notice on the bottom of the page.

    If you use the content and intellectual property of the YouthSays.com service in a way that is not clearly allowed by these Terms of Service, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use the Service. Title to the content and intellectual property remains with us or with the authors of the content and intellectual property contained in the Service. All rights not expressly granted are reserved.

TERMS OF SERVICE

  1. 1. MESSAGES

    1. 1.1 Receiving Communications

      It is a condition of your use of the Service that you agree to receive messages from Businesses via the Internet (using the Network) and you may also elect to receive messages via your cell phone (in the form of SMS or MMS messages) (Messages). Following registration, YouthSays.com will send a validation code to your e-mail address. You will then be required to insert these details in the Site where prompted to validate your Internet delivery channel.

      Should you at any time wish to discontinue receiving Messages then you can do so by cancelling your YouthSays.com Account and discontinuing your use of the Service (see Termination information below)

    2. 1.2 Message Content

      All content contained in a Message (Message Content) is provided by Businesses and does not incorporate any recommendation or an endorsement by YouthSays.com or their directors or employees or any related party.

      Any offer contained in a Message (Message Offer) is made by the Business and not by YouthSays.com. Please refer to the section titled No Offer Of Information, Products Or Services.

      The Business sending the Message is solely responsible for the accuracy and suitability of the Message Content and any Message Offer. YouthSays.com makes no express or implied warranty about the nature of any Message Offer or the Message Content and will not be liable for any losses or damages you may suffer attributable to the Message Offer or Message Content.

      In the event you have any complaints or enquiries please contact YouthSays.com in the first instance at info@youthsays.com and we will endeavor to resolve the issue on your behalf.

      Messages may contain Hyperlinks and in this respect you should refer to the section titled Hyperlinks and Frames below.

    3. 1.3 Business Initiated Messages

      YouthSays.com requires any Business sending you a Message to make you an offer of reward incentives (Reward Offer). The amount of the incentive is pre-determined by us (unless we notify you otherwise).

    4. 1.4 Internet Messages.

      These are Messages from the Business delivered by the Internet through the Network and contain a response element in the form of questions and answers.

    5. 1.5 Cell Phone Message (Response).

      These are Messages from the Business, delivered by cell phone (via (text) SMS or MMS) and contain questions and a response element.

  2. 2. OWNERSHIP AND DISCLOSURE OF INFORMATION

    1. 2.1 Your Information and Ownership of Information

      The information you provide in the YouthSays.com registration screen or otherwise, forming part of a completed Message is, unless notified otherwise, belongs to you (Your Information). You can update, alter or delete Your Information at any time (subject to these terms).

      YouthSays.com will keep a record of Your Information, and subject to these Terms of Service, you may alter, update, or delete Your Information, at any time by accessing your YouthSays.com Account.

      For further information on our commitments for the use, disclosure, access to and security of Your Information please refer to our Privacy Statement. Your Information does not include the responses you provide to Businesses by answering questions in their Messages or your Transaction Record. Once you have submitted your responses to questions in a Message, you cannot alter them. These responses are provided to the Businesses in an aggregated, grouped and anonymous form.

  3. 3. ACCUMULATING REWARDS THROUGH THE SERVICE

    1. 3.1 Accumulating rewards from Business Initiated Messages

      Business Initiated Messages will contain a Reward Offer. You will first receive a Notification of the type of Message, the Business, the amount of the Reward Offer and the date on which the Message expires (Expiry Date). To be entitled to the Reward Offer you must:

      • respond in full by answering the questions and submitting your answers, prior to the Expiry Date.

      You are not obliged to view, respond or take any action in relation to a Message (although you should note the provisions detailed in Termination of Use regarding non-use).

      In respect of each Message, you are only entitled to receive the Reward Offer once. We may allow you to view a Message multiple times, however once you have become entitled to the Reward Offer, the Reward Offer will expire. The successful delivery of the Message relies on the network of Internet servers and the cell phone network carriers and while we will endeavor to ensure that you receive the Message as prescribed by these Terms of Service we are not liable to you in the event that Message is received following the Expiry Date (in which case you will not be entitled to the Reward Offer) or in the event you receive the Message more than once (for which you are only entitled to the Reward Offer once).

      Please note that we do not make or imply any representations regarding the amount of money you can earn by using the Service or by being an Account Holder.

    2. 3.2 Liability for Reward Offer

      You acknowledge that a Reward Offer, is an offer made to you by Businesses and except in the case of a YouthSays.com Message, is not in any way an offer made by YouthSays.com.

      YouthSays.com will receive the funds for all Messages from Businesses and will always endeavor to ensure that Businesses comply with their obligations to deposit the appropriate funds into our Account. Credits earned by Account Holders through their participation in the Service will not be available for redemption until payment has been in received in full from the respective Business and YouthSays.com will not be liable to you for any loss you may suffer in the event that Business do not comply with this obligation.

      In the event that the Business defaults on its obligation to pay the Reward Offers to YouthSays.com, YouthSays.com may, without obligation take any action we deem appropriate to recover these funds.

    3. 3.3 YouthSays.com Account Payment - Bank Account

      You may elect to redeem your credits by choosing one of the payment methods offered on the Site. These include making a withdrawal request into your bank account or redeeming credits in redirect partner programs (as detailed in the Redirect Partner section of these Terms of Service).

      Once you have RM50.00 (or more) credited to your YouthSays.com Account you may have your entitlement paid into your personal bank account (Withdrawal Request) provided that the Withdrawal Request relates to a sum of at least RM50.00 with a maximum of RM500.00. The process of making a Withdrawal Request is detailed at the YouthSays.com accounts page. YouthSays.com will not be obliged to pay you any money until you have accumulated at least RM50.00.

      Once YouthSays.com receives your Withdrawal Request, payment will be made in accordance with your direction (Instructions) within 1 month. All bank or transfer charges shall be borne by you.

      From time to time, you may be able to pay for certain services YouthSays.com provides on the Site (such as sending text messages), or to make payments to third parties (e.g. charities) without the requirement to have accumulated RM50.00 into your YouthSays.com Account. You will be notified of any minimum requirement to process these payments and any further applicable conditions on the Site.

      If your YouthSays.com Account is cancelled or terminated for any reason, any entitlements will be dealt with in accordance with the Termination Conditions Sections of these Terms of Service.

    4. 3.4 Responsibility and Liability for Payment and Taxation

      You are entirely responsible for ensuring the accuracy of the information provided when making a payment request. YouthSays.com will not be liable to you for any loss, cost or damage in respect of any payment made in accordance with your instructions for payment. You agree and accept that YouthSays.com may make an administration charge in the event that you provide incorrect details and you expressly authorize YouthSays.com to deduct these charges from your YouthSays.com Account.

      YouthSays.com will not be liable to you for any errors made by any third parties in relation to your YouthSays.com Account or any payment request.

      No interest will be paid on any funds accruing in your YouthSays.com Account, and your account has no monetary value until the point in time when the money, the subject of a withdrawal request, is validly redeemed.

      YouthSays.com will maintain YouthSays.com Account Holders' credit card information, bank account details and service account details as provided for in our Privacy Statement.

      You are entirely responsible for assessing the taxation implications and any liability applicable on funds received from your use of the Service.

    5. 3.5 Transactions Record

      YouthSays.com will maintain a record of money earned by you. YouthSays.com will record funds to which you may be entitled and other YouthSays.com Account information (Transaction Record). A Transaction Record will be accessible by you (using your YouthSays.com Account details), and will only be used by YouthSays.com for the purpose of providing the Service and managing the funds. You must ensure the privacy and confidentiality of your Transaction Record.

  4. 4. NO WARRANTIES

    All content on the Service is provided to you on an as is, as available basis. We hereby disclaim all warranties of any kind, either express or implied, statutory or otherwise including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty as to the accuracy, completeness, currency, or reliability of any content or data available through the Service. We make no representations or warranties that use of the Service will be uninterrupted or error-free. You are responsible for taking all precautions necessary to ensure that any content you may obtain from the Service is free of viruses and any other potentially destructive computer code.

  5. 5. LIMITATION OF LIABILITY.

    YOU AGREE THAT NEITHER YOUTHSAYS.COM NOR ANY PERSON OR COMPANY ASSOCIATED WITH YOUTHSAYS.COM, WILL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE OR OF ANY CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS YOUTHSAYS.COM, INCLUDING ALL PARENTS, SUBSIDIARIES, AND AFFILIATES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS MENTIONED ON THIS SITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

    THE TOTAL LIABILITY OF YOUTHSAYS.COM, INCLUDING ALL PARENTS, SUBSIDIARIES, AND AFFILIATES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES WILL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT WILL YOUTHSAYS.COM, INCLUDING ALL PARENTS, SUBSIDIARIES, AND AFFILIATE COMPANIES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS, BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE SITE OR MATERIALS ARE EXCLUDED EVEN IF YOUTHSAYS.COM. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  6. 7. INDEMNIFICATION

    You agree to indemnify and hold YouthSays.com, its parents, subsidiaries and affiliated organizations, and their directors, officers and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Service, your YouthSays.com Account, the Site, the Network or your violation of these Terms of Service

  7. 8. OTHER RULES ABOUT THE SERVICE.

    You may be subject to additional terms that may apply when you access particular services or content on certain areas in the Service, such as when you purchase certain services, or by following a link from this Service. The ways that we keep and use information that we gather through the Service are described in the Privacy Statement.

    If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Service, which will remain in full force and effect. No waiver of any of these Terms of Service will be deemed a further or continuing waiver of such term or condition or any other term or condition. If you violate these Terms of Service, in a way that causes harm to others, you agree to indemnify and hold YouthSays.com harmless against any liability for that harm.

    These Terms of Service are governed by the internal substantive laws of Malaysia, without respect to its conflict of laws principles. Any controversy or claim arising out of or relating to these Terms of Service, the Terms of Use or the Privacy Statement, or your use of the Service, will be settled by binding arbitration in accordance with the commercial arbitration rules of Malaysia. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Malaysia. Use of the Service is unauthorized in any jurisdiction of Malaysia that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Given the nature of these terms, you understand and agree that, in addition to money damages, YouthSays.com will be entitled to equitable relief, including any interim or preliminary relief, upon a breach of them by you. You hereby consent to the jurisdiction of Malaysia courts for that purpose.

  8. 9. DISPUTE RESOLUTION.

    All questions or disputes relating to the Service including the Terms of Service should be submitted to YouthSays.com.

    We will endeavor to resolve any disputes expeditiously. All interpretations of the Terms of Service will be conducted at our sole discretion. In the event that we make an error such error will not constitute a breach of the Terms of Service.

  9. 10. CANCELING YOUR REGISTRATION.

    You may cancel your registration at any time. To cancel your registration, contact us in the ways described in the notice section at the bottom of these Terms of Service. We may modify or discontinue the Service, or cancel your registration, at any time without notice to you. You agree that we will not be liable to you or any third party as a result of such modification, discontinuation, or cancellation. Your obligations under these Terms of Service will survive cancellation.

  10. 11. QUESTIONS, COMMENTS, AND NOTICES.

    If you have any questions, comments, or notices for us, please contact us at: info@youthsays.com. We may deliver notice to you by electronic mail, a general notice on the Terms of Service, or by written communication delivered by First Class Malaysian Mail to your address on record.

  11. 12. THANK YOU

    We are very grateful to you for taking the time to familiarize yourself with these Terms and for being part of this World first service. We at YouthSays.com will always honor your contribution.