These “Terms of Service” apply to services provided at www.viral9.com (the "service or Viral9"). By using our Services, you are agreeing to these terms. Please read them carefully.
If you accept or agree to these terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms and, in such an event, “you” and “your” will refer and apply to that company or other legal entity.
The Agreement constitutes the entire and only agreement between the Users and “VIRAL9” with respect to Users’ use of the “VIRAL9” Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. We may amend the Agreement from time to time in our sole discretion, without specific notice to our Users; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution shall not apply to any disputes incurred prior to the applicable amendment or modification. By a User’s continued use of the “VIRAL9” Offerings, that User hereby agrees to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
By using the service, you affirm that you are 18 years of age or older, and are competent to enter into the terms, conditions and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such an event, “you” and “your” will refer and apply to that company or other legal entity. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such an event, “you” and “your” will refer and apply to that company or other legal entity. You also affirm that you are over the age of 13, as the Service is not intended for individuals under the age of 13.
The essential of Viral9 platform is bringing together content promoter and content owner (who owns their own web properties and fully responsible for their content copyright materials) with personals / groups / companies who manage social media accounts across the main social media platforms.
Viral9 provides a whole platform and tools for publisher & content owner both, in order to fulfil both sides’ demands and requirements. Viral9 pay for clicks to the links on a cost-per-click (“CPC”) basis.
You agree that any and all information provided during the registration process ("Registration Data") is true, accurate, up to date and complete. You also agree to update and maintain Registration Data so that it is true, accurate, up-to-date and complete. Viral9 reserves the right to suspend or terminate your account, in whole or in part, or prohibit your further use of the Service, at any time for any reason or no reason.
Upon completing the registration process, your account will be approved and you will get an approval confirmation mail. You agree and affirm that you are solely responsible for maintaining the confidentiality of your password and information associated with your account that you desire to remain confidential. You are also solely responsible for any and all activities that may take place, or occur under your account.
You agree to notify Viral9 in the event your password or account has been used without the proper authorization or there are other breaches of security of which you become aware. You agree to exit from your account at the end of each session with the Service by logging out. Viral9 will not be responsible or liable for any loss or damage incurred, or later arising from your failure to comply with this section.
Viral9 prohibits the sale or transfer of control of any Viral9 account by the registered account holder to any other individual or party.
As a condition to using certain functions available through the Service, you may also be required to create an account on the Service. A custom domain is similar to having your own domain and website on the web. You assume liability for the domain, and all the content you share on your custom domain.
You will not upload or attempt to upload malicious code, including viruses, Trojans, malware or other malicious software to or with Viral9. You will not use Viral9 to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working or appearance of Viral9, such as a denial of service attack (DDoS), interference with page rendering, Domain Name System resolution, or other Viral9 functionality. You will not facilitate or encourage violations of these Terms or any Viral9 policies.
Publishers agree that in all cases the Service's reporting data shall be the sole and exclusive measure for tracking data for payment. Viral9 makes every effort to track, filter, and remove invalid click activity, but Viral9 is not responsible for click fraud, technological issues or other activity that may affect the cost.
We limit access to personal information about you to employees or third-party agents who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
The Service may contain links to third-party websites that are not owned by Viral9. Viral9 has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, Viral9 will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly release Viral9 from any and all liability arising from your use of any third-party website, service or entity.
Viral9 retains exclusive copyright and all other rights to Content it makes available via the service, not including User-Uploaded Content.
Viral9 will review all claims of copyright infringement received and remove Content Viral9 deems to have been posted or distributed in violation of any such laws.
You should not attempt to artificially generate clicks on your Website(s) using automated software or by explicitly asking people to click on your custom website(s).
Publish any hate-related, violent, pornographic, adult or illegal content on Custom Websites; Steal, copy or any way replicate content on Viral9. Engage in any action or practice that reflects poorly on Viral9 or otherwise disparages or devalues Viral9’s reputation or goodwill; Willfully violate the terms and conditions of any of the platforms affiliated with or utilized by the Service including Twitter, Tumblr, Facebook, and YouTube. Act in any way that violates any Program Policies posted on the Viral9 Web Site, as may be revised from time to time, or any other agreement between you and Viral9;
If any of the following condition satisfies then your account will be banned from immediate effect without any prior notice:
For any kind of banning, the decision of Viral9 authorities is final and should be taken as the final.
You agree to provide Viral9 with information to enable remittance of your earnings on the site. This information may include:
Your earnings, bounce rate, page views and CTR shall be calculated on daily basis. Your billing cycle shall be on daily basis. All earnings on Viral9 which haven't been claimed by providing payment information for the account in question within 60 days will be forfeit. The amount publishers may earn on Viral9 is determined based on how effective your sponsored links are. Any amount shown before payout is issued is only provided as an estimate and is not final. The actual amount eligible for payout will be computed and displayed to you on your dashboard. This amount may change after final review is completed. Please refer to our FAQ for more details.
Notwithstanding anything contained in this agreement, Viral9 reserves the right to charge credit cards or otherwise process payment for services rendered. By using the Service, the user agrees to pay any fees accrued. All amounts listed on Viral9 are in US Dollars (USD). Viral9 will pay you for the revenue generated by valid clicks or other valid events on the advertisements displayed on the Published Content to which you have shared a Viral9 Link. Viral9 will specify the applicable earnings and payment policies and principles from time to time in the policies it makes available in the Service.
Viral9 remits your earnings to your PayPal account or other payment facility of your choice supported by Viral9 in accordance with the account information provided by you. To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information in your account and for providing any other information requested by Viral9 which is necessary under the applicable payment facility to execute the payment. You are responsible for any fees and charges assessed by PayPal or other payment service providers, which fees and charges shall be deducted from the amounts you receive. You agree to provide Viral9 with the necessary information to enable remittance of your earnings, and you acknowledge and agree that Viral9 may provide such information to the payment service providers for the purpose of the payment transaction. Viral9 aims to remit all uncontested amounts on monthly basis but undertakes to remit such amounts latest by the end of the following calendar month following a withdrawal request in which the earned balance in your Viral9 account equals or exceeds the applicable payment threshold. Please note that Viral9 only supports certain payment methods and payment service providers, and you need to contract with some of the supported payment service providers and comply with the terms and conditions they impose on you in order to receive payments from Viral9.
Unless expressly authorized in writing by Viral9, you may not enter into any type of arrangement with a third party where that third party receives payments made to you under these “Terms of Service” or other financial benefit in relation to the Services or Published Content.
In addition to our other rights and remedies, we may (a) withhold and offset any payments owed to you under these “Terms of Service” against any fees you owe us under these “Terms of Service” or any other agreement or any damage incurred by us due to your breach of these Terms of Service, or (b) require you to refund us within 30 days of any invoice, any amounts we may have overpaid to you in prior periods. If you dispute any payment made or withheld relating to the Service, you must notify Viral9 in writing within 30 days of any such payment. If you do not, any claim relating to the disputed payment is waived. If an advertiser whose content is displayed defaults on payment to Viral9, you agree that we may withhold payment or charge back your account.
PLEASE NOTE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL TAXES AND SIMILAR CHARGES LEVIED ON THE PAYMENTS YOU RECEIVE FROM VIRAL9 HEREUNDER. VIRAL9 MAY WITHHOLD ANY SUCH TAXES AND CHARGES FROM THE AMOUNTS PAYABLE HEREUNDER.
If you violate any of the condition or your account get banned, then in such case your payment shall be put on hold until that issue has not been got resolved in between both of the parties.
From time to time, Viral9 may send notices to you via email or regular mail, or display notices or links to notices on the Service. We encourage you to read these notices and check for them on a regular basis, because these notices will apply to you and your account immediately upon posting, whether or not you actually review them.
We are continuously developing the features and functionality of the Service. Consequently, we reserve the right to modify these “Terms of Service” at any time at our sole discretion. You agree to be bound to such alterations when you use Viral9 and the alterations shall be effective at the time of posting on Viral9.
It is important that you review these “Terms of Service” regularly on Viral9 to ensure you are updated on any modifications to these terms. If you are dissatisfied with or do not agree to abide by any altered Terms of Service, your sole remedy should be to close your account on Viral9 and discontinue use of our service. If you close your account, links associated with your name will be marked as anonymous and be disassociated with your account. All user statistics when you request account removal will be reset on removal of your account.
You agree to indemnify and hold harmless Viral9, its affiliates, officers, agents, partners, and employees from any claim, action, demand, loss or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to the content you upload, your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
You will indemnify and hold Viral9 harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claims arising from claims brought against you, or claims you have brought against others arising from the use of Viral9. Although we provide rules for user conduct, we do not control or direct user's actions and are not responsible for the content or information users transmit or share on Viral9. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Viral9. We are not responsible for the conduct, whether online or offline, of any user of Viral9.
Viral9 SHALL NOT BE LIABLE IN ANY EVENT FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR THE SOFTWARE, OR THE RESULTS OR THE CONTENTS THEREOF, TO THE GREATEST EXTENT PERMITTED BY LAW. NOR SHALL THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF Viral9 BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
FURTHER, YOU SPECIFICALLY ACKNOWLEDGE THAT Viral9 WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY 3RD PARTY ON THE SERVICE AND THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH THE USER.
IF YOU ARE DISSATISFIED WITH THE SERVICE OR THE SOFTWARE, OR HAVE ANY OTHER DISPUTES OR CLAIMS WITH OR AGAINST Viral9 WITH RESPECT TO THE SERVICE OR THE SOFTWARE OR THESE TERMS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
Viral9 SHALL NOT BE RESPONSIBLE FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES REGARDLESS OF THE TYPE OF CLAIM (E.G. PRODUCT LIABILITY, EMOTIONAL DISTRESS, ETC.).
ANY DIRECT DAMAGES AWARDED SHALL NOT EXCEED THE NUMBER OF FEES PAID TO Viral9, OR $100 IF NO FEES TO Viral9 HAVE BEEN PAID. THE SERVICE IS CONTROLLED AND OFFERED BY Viral9 FROM ITS FACILITIES IN INDIA NO PART OF THE SERVICE SHALL BE CONSTRUED TO REPRESENT THAT THE SERVICE IS APPROPRIATE OR AVAILABLE IN OTHER JURISDICTIONS AND USERS WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LOCAL LAW.
You agree that: (i) the Service shall be deemed solely based in India; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Viral9. These “Terms of Service” shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Viral9 that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in San Francisco County, California. These Terms of Service, together with the Privacy Notice at Viral9.com/privacy and any other legal notices published by Viral9 on the Service, shall constitute the entire agreement between you and Viral9 concerning the Service. If any provision of these “Terms of Service” is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these “Terms of Service” shall be deemed a further or continuing waiver of such term or any other term, and Viral9 failure to assert any right or provision under these “Terms of Service” shall not constitute a waiver of such right or provision. Viral9 reserves the right to amend these “Terms of Service” at any time and without notice, and it is your responsibility to review these “Terms of Service” for any changes. Your use of the Service following any amendment of these “Terms of Service” will signify your assent to and acceptance of its revised terms. YOU AND Viral9 AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.