1. SCOPE AND PURPOSE
2. GENERAL DESCRIPTION OF THE WEBSITE
2.1. https://donycash.com is a website that offers the User/the Affiliate the opportunity to obtain profitability to the content of his/her own website/blog thanks to the different services offered and that are based on accessing, viewing, reading, completing and in general, interacting with content and/or brand advertising tools and/or third parties available through the website and in different modalities that will be exposed in the affiliate sites in different formats and in order to be used by visitors to the websites of these affiliates.
2.2. Hereafter, the functionality of the website shall be called the Service.
2.3. Access to the website and the use of it under the terms set forth in the present terms and conditions of use is free. Where any uses and/or activities of the website are not free, https://donycash.com shall give prior, visible notice of the price of the activity and the corresponding payment method.
3. REGISTRATION PROCESS
3.1. To access the Service, you must register through the registration page of the Service and complete the corresponding digital form.
4. CONDITIONS OF USE OF THE SERVICE
4.1. By registering to use the Service, the User or Affiliate expressly agrees that the Service is provided solely for his/her personal use and can only be used for economic or commercial purpose previously authorized in writing by https://donycash.com. Moreover, no individual user may have more than one account for accessing the Service. Should such a case arise, https://donycash.com reserves the right to cancel these accounts and cancel any corresponding money accumulated.
4.2. Commercial entities, except as expressly provided for under these Terms and Conditions of Use, are prohibited from registering with and/or using the Service. Similarly, the Service may not be used by private individuals who, either on behalf of commercial entities or for professional reasons, intend to use the Service for commercial, advertising, promotional purposes or for any other financially motivated activity.
4.3. The Service may only be accessed by persons over eighteen (18) years old. Therefore, by accepting these Terms and Conditions of Use, you guarantee that you are not under eighteen (18) years old, and accept full responsibility for this statement.
A) Access to the contents
5.1. The website offers the User/Affiliate, directly or by link, a diverse variety of contents –including but not limited to-, banners, photographs, images, videos, written texts, advertisements, questionnaires, applications and/or tools, games, etc. (hereinafter the Contents) which have the general purpose of advertising or promotion and have been generated by and/or for the benefit of third-parties, and are not the property of https://donycash.com.
5.2. https://donycash.com declares and the User/Affiliate acknowledges that https://donycash.com acts solely as an intermediary with respect to the Contents which, directly or by link, are available through the website owned by https://donycash.com. The Contents have been developed, managed and provided by third parties, who are solely responsible for them.
5.3. Access to certain Contents may be restricted by the respective owners for certain users, such as minors or those who do not meet certain criteria (e.g. residents of countries other than those in which the content is offered). https://donycash.com shall simply comply with the contractual instructions set forth by the owners of the Contents.
5.4. Therefore, https://donycash.com only offers the User access to the Contents, whether directly through the website or indirectly through a link that redirects the user to the third-party website or other platform, belonging either to the advertiser or another intermediary party.
B) Obtaining virtual currency
5.6. Accessing, viewing, reading, completing, gaming or any other activities described on the website with respect to each of the Contents shall earn the User points, as detailed in the History which https://donycash.com makes available to the Users at all times on the website and which is always visible and with the date of the latest edition.
5.7. Contents credit or may credit different amounts of points to the User according to the criteria, objectives or any other factor, as described in the History.
5.8. The Catalog of Virtual Currency may be updated at any time by https://donycash.com or the Affiliate. The current version shall at all times be that published on the Website and shall be valid from the date of the latest update. However, https://donycash.com undertakes to provide sufficient information through the website on any amendments to the History.
5.9. The Virtual Currency shall, in general, be automatically credited to the User’s account through the Affiliate's website which the User can access at any time. Nevertheless, https://donycash.com shall have a period of 48 hours from when the User performs the action that generates the Virtual Currency to them being credited to the User’s account.
5.10 Any User who does not agree with the balance of Virtual Currency published in the Affiliate's website, can notify https://donycash.com no later than thirty (30) calendar days after the action that generates the Virtual Currency in question. After this period, the balance shall be presumed correct and the User may no longer request a correction to the balance.
C) The virtual currency exchange
5.11. https://donycash.com is not responsible for the redemption of Virtual Currency by the users of the Affiliate's web, being him/her the one to take that liability and shall explain on his/her website the conditions of the exchange.
5.12. Virtual Currency, in any case, will be refundable or exchanged for real money or for any other awards directly by https://donycash.com. This will have to be made, in any case, through the Affiliate.
5.13. Virtual Currency are personal and semi-transferable and only under officialy mediated circumstances may they be given or sold to a third party, regardless of whether the third party is a User of the website. Notwithstanding the above, in the event of the death of the User, the points may be transmitted as part of any inheritance in accordance with applicable legislation. Similarly, in cases of separation or divorce, applicable legislation shall apply.
5.14. During the term of this Agreement, https://donycash.com shall pay Affiliate a payment, as determined by https://donycash.com in its sole and absolute discretion, calculated on the Net Revenue (“Revenue Share”). Revenue Share payments will be determined according to the https://donycash.com payout policies in effect at the time based on a number of factors including, but not limited to, the quantity, quality, and validity of clicks on Ads, Ad impressions, and Actions, and User demographics such as the country of origin of a User’s IP address. Revenue Share will be paid in Points equivalent to U.S. Dollars.
5.15. https://donycash.com shall pay Affiliate the Payments as requested by the Affiliate provided there are sufficient funds. Payments shall be made to Affiliate electronically to the selected online account set forth in the appropriate form provided by Affiliate to participate in the https://donycash.com online Affiliate program. Affiliate is responsible for maintaining current contact information including, but not limited to, bank account information, with https://donycash.com. Any Affiliate banking fees, wire fees, and/or other charges for banking services incurred in connection with Payments shall be the sole responsibility of Affiliate.
5.16. Notwithstanding the foregoing, (i) amounts of less than $1.00 may be held by https://donycash.com until amounts due equal or exceed $100.00, and (ii) https://donycash.com shall not be responsible for any delays in Payments caused by incorrect banking information or other information supplied by Affiliate. Publisher shall be solely responsible for the payment of, and shall pay when due and indemnify https://donycash.com against, all applicable federal and state taxes, including any sales, use, excise or transfer taxes and other taxes associated with Payments to Affiliate under this Agreement.
5.17. Notwithstanding anything else to the contrary set forth in this Agreement, https://donycash.com shall have no obligation to pay Affiliate any payments with respect to (i) amounts that https://donycash.com is not able to pay to Affiliate after termination of this Agreement after https://donycash.com commercially reasonable efforts to do so (for example, if https://donycash.com is unable to make Payment to Affiliate due to Affiliate’s failure to maintain current contact details with https://donycash.com), (ii) amounts generated based on or due to Affiliate’s breach of this Agreement, (iii) payments which represent net adjustments downwards for whatever reason to payments made by Advertisers, or legitimately withheld from payments due from Advertisers, (iv) payments in respect of which https://donycash.com has not itself received payments from relevant third parties including, but not limited to, Advertisers, and (v) any fraudulent payments from Users or any fraudulent or invalid Actions or any fraudulent or invalid clicks or impressions on any Ads generated by any person, bot, automated program or similar device in connection with any Ads provided by https://donycash.com or the Platform, as determined by https://donycash.com in its sole and absolute discretion, including, without limitation, any Actions, clicks or impressions (A) originating from Affiliate’s IP addresses or computers under Affiliate’s control, (B) solicited by payment of money, the exchange of goods or services, false representation, or request or incentive for Users to click on Ads, or any illegal or otherwise invalid request for Users to complete Actions, (C) pursuant to which Users were directly or indirectly misled or falsely encouraged to complete Actions, including without limitation making it seem that a User is completing an Action other than the Action actually being offered, or (D) pursuant to which a User provided false or misleading personal data.
5.18. https://donycash.com may withhold a relevant portion of any Payment from Affiliate to offset any portion of any Payment previously received by Affiliate in respect of any matter under above Section. Affiliate understands that this may reduce the Payment owed to Publisher.
5.19. As a result of administrative and other costs that https://donycash.com incurs in providing its services under this Agreement, in the event that the total Payment amount owed to Affiliate upon termination or expiration of this Agreement is less than fifty dollars ($50.00), notwithstanding anything else set forth in this Agreement to the contrary, Affiliate understands and agrees that https://donycash.com is not obligated to send Affiliate such Payment and that https://donycash.com may retain such amount as if the same had never been the subject of any obligation to be paid by https://donycash.com.
5.20. Affiliate understands and agrees that https://donycash.com may offset from any Payment any amount owed by Publisher, or any parent, subsidiary, or affiliate of Publisher, to https://donycash.com or any parent or subsidiary company of https://donycash.com.
6. USE OF SERVICE: RIGHTS AND OBLIGATIONS OF THE USER
6.1. The User shall be entitled to request a review of the points credited to the User’s Account under the terms and within the deadlines established in Clause 5.10 above.
6.2. The User shall be entitled to inform https://donycash.com of the existence of any inappropriate or unlawful content and to request that it be removed from the website, provided there is justification for such a request. https://donycash.com may accept or dismiss the request, although it shall in any event be obliged to respond.
6.4. https://donycash.com reserves the right to cancel an Account when no activity is recorded during a period of ninety (90) days or more, and after informing the account holder with at least twenty (20) days advance notice. In such a case, the User/Affiliate shall have a period of fifteen (15) days from the notification to redeem the income. Once this period has elapsed without the points having been exchanged, the User shall no longer be entitled to redeem the money accumulated.
6.5. Similarly, https://donycash.com reserves the right to take all measures set forth in Clause 8 herein in the event of misuse of the website and, in general, in the event of a breach of the obligations contained in the present Terms and Conditions of Use.
7. DISCLAIMER AND LIABILITY RELEASE
7.1. In general terms, https://donycash.com’s legal responsibility and liability is governed by the corresponding clause in the Legal Notice.
7.2. Consequently, https://donycash.com shall only be held responsible for damages or losses arising from the failure to meet the terms of an offer by suppliers (or any part thereof) where such damages are due to https://donycash.com’s negligence or wilful misconduct. In all other cases, the User acknowledges that the responsibility corresponds to the third-party supplier, holding https://donycash.com harmless from all liability and expressly waiving any claims or judicial or extrajudicial actions against https://donycash.com for circumstances other than those of its negligence or wilful misconduct.
7.3. Where https://donycash.com may be held liable as a result of the company’s negligent or criminal activity, such liability shall be limited to:
(i) The amount in cash equal to the value of the action performed by the User.
(ii) The return of the virtual currency to the User in connection with the campaign completed.
7.4. Under no circumstances shall https://donycash.com be liable for loss of potential income or other direct or indirect damages that the User may suffer.
7.5. Similarly, https://donycash.com shall not be liable for any losses or damages incurred by the User after having been redirected to another web page or third-party platform and in relation to the contents of said web page or platform. In such cases, the owner of the web page, platform and/or support shall be solely responsible for any incident that may occur from the time the User accesses it.
7.6. https://donycash.com shall not be held liable in any way in cases where the User has made inappropriate use of the website in accordance with the terms contained in Clause Eight below.
7.7. Any corresponding fiscal liabilities relating to the gifts/prizes or related services shall be borne by the corresponding party in accordance with applicable law.
8. MISUSE OF THE WEBSITE
8.1. Any use of the website or points contrary to the Terms and Conditions of Use of the Service or the Legal Notice will be considered a misuse of the service and consequently a breach of contract by the User.
8.2. In such cases, https://donycash.com reserves the right to provisionally delete, cancel, withdraw, suspend or block, immediately and without prior notice, the Affiliate's Account. It may also decide not to allow the points to be redeemed. Similarly, in such cases, https://donycash.com reserves the right to refuse and/or cancel any reservations or exchanges made in the User’s name, and cancel the income remaining in the User’s Account or that have been credited to the User.
9.1. https://donycash.com reserves the right to modify, alter or replace, at any time, the present Terms and Conditions of Use of the Service. It also reserves the right to withdraw, modify or extend at any time the campaigns or services, as well as the conditions of operation of the Service, including the methods for obtaining and exchanging Virtual Currency. https://donycash.com may also add any requirement or restrictions regarding the procedures contained in the present Terms and Conditions, and increase or decrease the number of Virtual Currency obtained with each action.
9.2. Notwithstanding the above, these changes shall be posted on the website by means of updates to the present Terms and Conditions or Virtual Currency and shall take effect from the moment in which the update occurs, and wherever possible, shall be notified by https://donycash.com on the website as visibly as reasonably possible.
10. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
10.1. https://donycash.com is the sole holder or grantee of - or holds the necessary licenses and/or authorizations to exploit- the intellectual and/or industrial property rights for the website and all its content (including but not limited to photographs, videos, documents, texts, virtual materials and/or audiovisuals, graphics, drawings, designs, etc.), as well as trademarks, logos, brand names or any distinguishing signs or symbols, software, applications, utility models or databases that are or have been part of it at some time.
10.2. Under no circumstances shall the access and use of the website constitute the waiver, license, full or partial transfer or license of any kind for the use, reproduction, publication, dissemination, disclosure and/or processing of the website or its contents, nor of the corresponding intellectual and/or industrial property rights.
10.3. Similarly, it is not authorized in any way to modify, copy, reuse, exploit, reproduce, publicly broadcast, republish, upload files, email, transfer, use, process or disseminate in any way all or part of the contents on the website without the express written permission of https://donycash.com or where applicable, the holder of the corresponding rights.
11. ACCEPTANCE AND UNDERSTANDING OF THE TERMS AND CONDITIONS
11.1. The User/Affiliate expressly agrees and acknowledges that he/she is fully aware of and understands all the contents of these Terms and Conditions of Use and that, knowing and understanding them, expressly accepts them without exclusion or limitation of liability.
11.2. The User/Affiliate acknowledges that, barring any amendments to the present Terms and Conditions of Use, which will be duly published on the website and which shall take effect from the date of amendment, these Terms are valid for each and every use of the service performed by the user and by subscribing to the service, the User is bound by the Terms for the duration of the relationship with https://donycash.com, and as such may not claim to be unaware of the content or operation of the Service with respect to any future use of the Service while the present conditions remain in force.
12. ENTIRE AGREEMENT AND SEVERABILITY
12.1. The Terms and Conditions of Use constitute the complete and exclusive agreement between https://donycash.com and the User/Affiliate in relation to the Service and supersede, broaden and replace any prior agreement entered into between the parties relating to the Service.
12.3. The present Terms and Conditions are to be applied in full, however, should any one of the terms herein be null or void, all remaining terms shall remain in full force and effect for the relationship between https://donycash.com and the User/Affiliate.
12.5. Unless otherwise established in the present Terms and Conditions of Use, all lists, details, specific cases or items are cited merely as examples and are not exhaustive. Specific cases are included within generic areas as examples only and are similarly not exhaustive.
13.1. The User/Affiliate may contact or notify the company via email or to the address contained in Clause 1 of the Legal Notice. However, to guarantee the sending and, where necessary, receipt of notifications, any means of communication that verifies the completeness of content and its receipt shall be adequate.
13.2. https://donycash.com may also contact or notify the User using the email address provided by their google account during the registration process, and the User is entirely responsible for the accuracy or correctness of the email address provided. As such, and in using the aforementioned address, https://donycash.com shall have complied with any obligation to notify.
14. APPLICABLE LEGISLATION
14.1. The present agreement is governed by the laws of the State of Connecticut without regard to its conflict of law provisions.
14.2. The parties renounce any other jurisdiction to which they may have recourse to resolve any dispute over the subscription, validity, existence, interpretation, execution, compliance or termination of this Agreement and submit to the jurisdiction of the Courts of Hartford, Connecticut in the United States of America.
15. GOVERNING LAW
15.1. Any claim relating to https://donycash.com's web site shall be governed by the laws of the State of Connecticut without regard to its conflict of law provisions.
15.2. General Terms and Conditions applicable to Use of a Web Site.
15.3. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.