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Terms and Conditions

Welcome to ActiveSkill!

ActiveSkill is owned and operated by ActiveSkill, LLC.

These are the terms and conditions for:

https://activeskill.com

By registering and using the services, you agree to be bound by these terms and conditions and our Privacy Policy. In these terms, "we", "us", "our" and ActiveSkill refers to ActiveSkill and "you" and “your" refers to you, the user of ActiveSkill.

The following terms and conditions apply to the website and services offered by ActiveSkill. This includes the mobile and tablet versions as well as any other version of ActiveSkill accessible via desktop, mobile, tablet, social media or other devices.

READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICES.

1. DEFINITIONS

ActiveSkill: The website and parent company.

Brand: A merchant, seller, or service provider that uses ActiveSkill’s network of influencers to promote their goods and/or services in exchange for compensation as agreed on a case-by-case basis.

Affiliate: A member of the ActiveSkill network who promotes a brand’s products, goods, or services in accordance with site guidelines as per ActiveSkill’s terms of service.

2. ACTIVESKILL

ActiveSkill is a program that connects brands with affiliates for the purposes of influencer marketing. Brands understand and agree to pay any fees or charges associated with promoting their goods and/or services through the ActiveSkill network. Payment may be based on a pay-per-click (PPC), pay-per-lead (PPL), commission, or any other payment schedule as negotiated by the Brand and ActiveSkill.

3. ACCEPTANCE OF TERMS

This agreement sets forth legally binding terms for your use of ActiveSkill. By registering and using the website, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not use the website and discontinue use of the service immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on ActiveSkill. You agree to be bound by any modification to this terms and conditions when you use ActiveSkill after any such modification is posted; it is therefore important that you review this agreement regularly.

You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. ActiveSkill may, in its sole discretion, refuse to offer the services to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.

4. ELIGIBILITY

You may use the services only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.

The use of this website for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our platform and services. It is the responsibility of parents and legal guardians to determine whether any of the content and/or services are appropriate for their child.  

By registering on the website, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.

5. AFFILIATES (PUBLISHERS, ONLINE MARKETERS & INFLUENCERS)

If you wish to become a user for the purpose of performing searches and browsing through the companies registered and published in different listings on the website, you must read this agreement and indicate your acceptance during the registration process. In consideration of your use of the website, you represent that you are of legal age to form a binding contract under the law or applicable law. You also agree to provide true, accurate, current and complete information about yourself as prompted by the registration form available on ActiveSkill and maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ActiveSkill reserves the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof) at any time and without any notification.

Requirements:

In order to be eligible as an Affiliate, each Affiliate must:

  1. Be 18 years of age or older.
  2. Agree to the terms and conditions of this Agreement.
  3. Must have a valid account with a participating payment processing service.
  4. Email to info@activeskill.com a photocopy of a government-issued ID once the Affiliate reaches $600 in payouts. If Affiliate is a United States resident, Affiliate must also complete an IRS W-9 Form to continue receiving payouts.
  5. Completing the profile (address, phone number, Skype or WhatsApp).
  6. Setting up Billing Payment.

6. SUBSCRIPTIONS

ActiveSkill offers the following monthly subscriptions to our affiliates:

Free: ($0)
  • ActiveSkill access
  • Free tasks
  • Marketing Tips
  • Dashboard
Premium: ($7.00/month)
  • Everything in Free
  • Higher payouts
  • Higher pay-per-lead
  • Pay-Per-Click
  • Access to micro tasks
Pro: ($20.00/month)
  • Everything in Premium
  • Custom storepage
  • Exclusive tasks
  • Higher pay-per-click
  • Tools & Tips
  • Invite & Referral Program

By placing an order for a subscription, you represent and agree to purchase the subscription for the advertised price according to the features offered on the website. Please check the price and features of the subscriptions before completing the payment process and initiating the subscription.

When a user places an order for a subscription, ActiveSkill will send an email to confirm that the order has been received. This confirmation email will be produced automatically so that the user has confirmation of the subscription details. The subscription will be active for a period of 30 days, depending on the subscription chosen by the user, and will show the next billing date.

ActiveSkill may cancel any sale and not provide subscriptions if it is reasonable to do so and may change or discontinue the availability of subscriptions at any time in its sole discretion. If an order is cancelled, any payment made for the subscription will be refunded in full. This does not affect your statutory rights.

Subscriptions include automatic recurring payments. You authorize ActiveSkill to renew your subscription and be charged periodically and progressively each month on the billing date. The subscription billing date is the date you make the first payment and initiate the subscription. Your account will be automatically charged on the subscription billing date with all applicable fees for the next subscription period. The subscription will continue until you cancel it or we terminate it. You must cancel the subscription before it renews to avoid being charged on the next applicable billing date. We will bill the periodic subscription fee to the payment method you provide during registration and the applicable charge will be automatically charged to your credit card, debit card or bank account.

Subscriptions will automatically renew for an additional period unless you cancel your subscription before the next billing date. Cancelled subscriptions will immediately lose access to payment features and access to the platform will be suspended.

7. STORE PAGE USERNAMES

In the case of Pro subscriptions and the option to create a custom store page, the system will automatically reject any username already in use by another member. Store Page usernames must not contain trademark or legal names, profanity or profane language, and must not consist of locations. ActiveSkill reserves the right to immediately revoke or reject any username at any time if we perceive a violation of these terms.

8. ADVERTISING & ANTI-SPAM

Affiliates shall safeguard and promote the reputation of ActiveSkill and its products and services. The marketing and promotion of ActiveSkill shall be consistent with the manual provided and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practice.

Affiliates shall not advertise ActiveSkill products, services, and/or marketing plans except as specifically approved by ActiveSkill. Affiliate agrees to make no false or fraudulent representations about ActiveSkill or its products or services or compensation plan.

Affiliates agree not to violate any spam laws and regulations, or any other laws while promoting ActiveSkill. Affiliate agrees not to use any information obtained as an Affiliate of ActiveSkill for any inappropriate or unauthorized reasons or uses.

9. DISCLAIMER (AFFILIATES)

Please check the publisher's terms before registering as a user. By registering with ActiveSkill as an affiliate, you agree to the Publisher's Terms, which prohibit the following:

  • Bidding on the PPC brand
  • Forced clicks
  • Source masking
  • Use of unregistered and unauthorized traffic sources.

The above actions constitute a breach of the Publisher's Terms and Conditions Agreement and may result in the cancellation of the account and/or the cancellation of the commission.

To protect our influencer network ActiveSkill monitors all leads and clicks for fraudulent activity. This is done with a unique set of criteria to evaluate the validity of all leads and clicks. ActiveSkill reserves the right to reverse all leads or clicks they determine as invalid to prevent fraud. This disclaimer applies to all tasks.

Disqualification or cancellation of leads or clicks includes but not limited to the following actions:

  1. Fake or Dead lead or click (not real lead or click).
  2. Duplicate leads.
  3. Misrepresentation (saying false things about product or service).
  4. Using unauthorized advertising language (using language outside the parameters explained in the task).
  5. Engaging in conduct that is or could be perceived as detrimental to the ActiveSkill brand, client brand, product, or service.

10. COMPENSATION & REFERRAL PAYOUTS

Activeskill will pay the listed price per task for each task successfully completed. The price of an individual task may vary depending on the task.

Earnings includes all earnings from your network. This includes program and product sales as well as pay-per-click and pay-per-lead earnings.

ActiveSkill reserves the right to reverse any payout that is found to be the result of a dead or fraudulent lead or clicks. A dead lead is any lead that does not provide accurate contact information or one that does not respond to attempts to communicate.

To protect our influencer network ActiveSkill monitors all leads and clicks for fraudulent activity. This is done with a unique set of criteria to evaluate the validity of all leads and clicks. ActiveSkill reserves the right to reverse all leads or clicks they determine as invalid to prevent fraud. This disclaimer applies to all tasks.

11. COMPENSATION PAYOUTS

Compensation payouts to our affiliates will be made through “PayPal”, “Transferwise” and “Payoneer”. Compensation payouts will be distributed according to the distribution schedule listed on the website. Activeskill can change the compensation schedule at any time for any or no reason. Compensation payments will be made through listed payment processors and payment providers. Activeskill is not responsible or liable for incorrect payments due to errors with a user’s payment processor information. It is the affiliate’s obligation to ensure that any payment processor information is correctly entered.

12. TERMINATION

ActiveSkill reserves the right to terminate this Agreement for any reason or no reason. Termination notice will be provided via email and will be effective immediately. All legitimate payouts due to Affiliate will be paid during the next monthly billing cycle. If Affiliate defrauds the system, then payment is revoked as determined solely by ActiveSkill. Any Affiliate found to be tampering with the internal system of ActiveSkill, hacking, or in any way defrauding the system, will be immediately suspended and any payouts will be withheld. Any breach of this Agreement, as determined by ActiveSkill, will result in termination of the Agreement and forfeiture of any illegitimate payouts earned.

Termination reasons include, but are not limited to the following actions:

  1. Account Violations (violating terms of use policy)
  2. Inactive account (account not active for more than 60 days)
  3. Fake Accounts
  4. Fake leads
  5. Fake clicks
  6. Spamming
  7. Misrepresentation

13. INTELLECTUAL PROPERTY

Affiliate agrees that all content and materials available on our Site are protected by our or third parties' rights of publicity, copyright, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. Except for that information which is in the public domain or for which you have been given express written permission by us, Affiliate agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works of any materials or content available on our Site.

14. BRANDS

If you want to become a user in order to publish your company, business, product or service and receive visits that can become possible sales through the links of our affiliates, you must read this agreement and indicate your acceptance during the registration process. In consideration of your use of the platform as a user, you represent that you are of legal age to form a binding contract under the applicable laws and regulations. You also agree to this: (a) to provide true, accurate, current and complete information about yourself and your company or organization as prompted by the registration form available on the website (b) to maintain and promptly update your registration data and your company or organization's data to keep it true, accurate, current and complete If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, ActiveSkill reserves the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof) at any time without notice.

We also reserve the right to make the necessary checks to ensure that the information is accurate and current and to remove your company from the website's listings if we find any inconsistencies in the information.

ActiveSkill may sever any agreement with a brand using ActiveSkill’s services for any time at any reason unless expressly prohibited by contract.

Brands will not use ActiveSkill’s services in a way that damages or may damage the ActiveSkill brand, ActiveSkill affiliates, or any combination thereof.

By using the ActiveSkill network, the Brands acknowledge and agree that when ActiveSkill makes a payment on your behalf ActiveSkill is acting as your agent and not on its own, and not as the agent of or on behalf of any third party.

The Brands agree not to directly contact any ActiveSkill affiliate independently without the express written consent of ActiveSkill. Any communication with ActiveSkill affiliates must use ActiveSkill as an intermediary. Any communication or agreement with affiliates without the intermediation of ActiveSkill may result in termination.

Contracts between ActiveSkill and Affiliates or Brands are an integral part of these terms and conditions.

For more information please click on the following link:

https://activeskill.com/brands

15. PAYMENTS (BRANDS)

Publishing your business, company, product or service through ActiveSkill is completely free. ActiveSkill offers different payment models according to the type of business.

(i) Real Estate:
  1. PPL (Pay-Per-Lead)
  2. PPC (Pay-Per-Click)

For more information please visit:

https://activeskill.com/real-estate

(ii) E-Commerce:
  1. PPS (Pay-Per-Sale)
  2. PPC (Pay-Per-Click)

For more information please visit:

https://activeskill.com/e-commerce

(iii) Other Businesses:

https://activeskill.com/verticals

  1. Your Own Terms (Pay-Per-Lead, Pay-Per-Sale, etc.): We charge a monthly fee + % of the set price. For example, a company signs up for the "Own Terms" model and sets $10 per lead. We will charge 20% on top = $2, the total cost will be $12 + membership fee.
  2. PPC - Pay-Per-Click

For more information please visit:

https://activeskill.com/verticals

ActiveSkill influencers direct traffic to your product or service link and you must pay Active Skill for each sale of your product or service made through the affiliate links.

Payments will be made when ActiveSkill issues the corresponding invoice on the billing date. The billing date will be determined at the time of registration of the users (Brands) or at the time sales through the affiliate links start to be made.

If payments are not made on the corresponding billing date, ActiveSkill reserves the right to remove the products and services of the companies and businesses of the users (Brands) and make the determined collection through any administrative or judicial action.

All payments to ActiveSkill are handled securely. Payments from users (Brands) will be made through "PayPal" and "Stripe" (payment platforms available on the website). Payment will be charged to your credit card, debit card or PayPal account immediately after you pay the corresponding invoice. When processing a transaction, we will issue an electronic transaction receipt that will be sent to the email address you provide.

Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the services. ActiveSkill reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the services.

16. DISCLAIMER (REAL STATE)

This clause and disclaimer apply only to brands that are real estate. By including your property in the listings available on the website, you acknowledge, represent and agree that you are the owner of the property or one of the owners or a person authorized to offer and sell the property. asda does not accept claims from third parties for the offering and publication of property by unauthorized persons.

By registering as a user and publishing your property listings through the website, you agree that your property listings will be offered, promoted and advertised online by other registered ActiveSkill users (Affiliates). You grant permission to ActiveSkill users (Affiliates) to promote, advertise and share your listing through various online platforms, including but not limited to social networks, blogs, websites and online portals.

17. ACCOUNT (AFFILIATES AND BRANDS)

If you register on ActiveSkill, you will be required to choose a password and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify ActiveSkill of any unauthorized use of your password or account or any other breach of security, and ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from ActiveSkill. ActiveSkill will not be liable for any loss or damage arising from your failure to comply with this agreement.

By providing ActiveSkill with your email address, you consent to our use of such email address to send you notices regarding the service. We may also use your email address to send you other messages, such as changes to service features and special offers. If you do not wish to receive these emails, you can opt-out by sending us your request via the contact information. Opting out may prevent you from receiving emails about updates, upgrades or offers.

The users may terminate their accounts any time, for any reason, by following the instructions on ActiveSkill. That termination will only result in the deletion of the account and the deletion of all the personal data granted to ActiveSkill.

ActiveSkill reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if ActiveSkill believes that you have breached any of these terms, furnished ActiveSkill with false or misleading information, or interfered with use of the website or the service by others.

18. DISCLAIMER

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ACTIVESKILL WILL IN NO EVENT BE LIABLE TO ANY BRAND OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT ARISE OUT OF THE USE OF OR ACCESS TO THE SITE (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR COMMISSIONS, LOSS OF OPPORTUNITY, AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE), EVEN IF ACTIVESKILL SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, ACTIVESKILL SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO BRAND OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY, OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO.

19. DISCLOSURE

By accessing the website and the content available on the website, you accept personal responsibility for the results of using the information available on the content. You agree that ActiveSkill has not guaranteed the results of any actions taken, whether or not advised by this website or the content. ActiveSkill provides resources and content for informational purposes only. However, you acknowledge that your ultimate success or failure will be the result of your own efforts, your particular situation, and a number of other circumstances that are beyond ActiveSkill’ control.

20. THIRD-PARTY MATERIALS.

“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.

21. LICENSE TO USE THE PLATFORM

ActiveSkill gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by ActiveSkill as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by ActiveSkill, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. The user agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the ActiveSkill website or third parties.

ActiveSkill reserves the right to terminate your access immediately, with or without notice, and without liability to you, if ActiveSkill believes that you have violated any of these terms or interfered with the use of the platform or service by others.

22. SECURITY COMPONENTS

You understand that ActiveSkill and software embodied within ActiveSkill may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by ActiveSkill and/or content providers who provide content to ActiveSkill platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into ActiveSkill.

23. COPYRIGHT

All materials on ActiveSkill, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by ActiveSkill or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all Materials on ActiveSkill are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without ActiveSkill prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize ActiveSkill or any part of the material for any purpose other than its intended purposes is strictly prohibited. Please do not copy any content and pass it off as your own, as a copyright infringement will occur.

24. COPYRIGHT COMPLAINTS

ActiveSkill respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the ActiveSkill website infringe upon your copyright or other intellectual property right, please send the following information to: 

  1. Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
  2. A statement specifically identifying the location of the infringing material, with enough detail that ActiveSkill may find it on the ActiveSkill website.  Please note: it is not sufficient to merely provide a top-level URL.
  3. Your name, address, telephone number and e-mail address.
  4. A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
  5. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  6. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

25. USER CONTENT

Certain features of the website may permit users to upload content, which may be comprised of messages, photos, images, videos, text, and others and to publish that user content on the website. You retain any Copyright that you may hold in the user content that you post to the website. Nevertheless, we need certain permission from you in order to publish the content. ActiveSkill is not responsible for the accuracy, safety or legality of user content published in the website. Users are solely and exclusively responsible for their content and the consequences of publishing their content. By providing user content to or via the service, you grant ActiveSkill a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your user content, in whole or in part, in any media formats and through any media channels.

26. USER CONTENT REPRESENTATIONS AND WARRANTIES

ActiveSkill disclaims any and all liability in connection with user content. You are solely responsible for your user content and the consequences of providing user content via the Service. By providing user content via the service, you affirm, represent, and warrant that:

a) You are the creator and owner of the user content, or have the necessary licenses, rights, consents, and permissions to authorize ActiveSkill and users of the Service to use and distribute your user content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by ActiveSkill, the Service, and these Terms.

b) Your user content, and the use of your user content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause ActiveSkill to violate any law or regulation.

c) Your user content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

d) Your user content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment.

27. USER CONTENT DISCLAIMER

ActiveSkill may at any time and without prior notice, screen, remove, edit, or block any user content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the service, you will be exposed to user content from a variety of sources and acknowledge that user content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against ActiveSkill with respect to user content. If notified by a user or content owner that user content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. For clarity, ActiveSkill does not permit copyright-infringing activities on the Service.

You acknowledge and agree that ActiveSkill reserves the right to, and may from time to time, monitor any and all information transmitted or received through the service for operational and other purposes. If at any time ActiveSkill chooses to monitor the content, ActiveSkill still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

28. PERSONAL DATA

Any personal information you post on or otherwise submit in connection with the services and the use of the website, will be used in accordance with our Privacy Policy. Please refer to our Privacy Policy.

29. THIRD PARTIES

ActiveSkill contains content of third-party licensors to ActiveSkill, which is protected by copyright, trademark, patent, trade secret and other laws. ActiveSkill owns and retains all rights, title and interest in the content. ActiveSkill hereby grants to you a limited, revocable, non-sublicensable license to stream and/or view the content and any third party content located on or available through ActiveSkill or services (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing ActiveSkill and using the services.

Any dealings with third parties included within or on ActiveSkill involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. ActiveSkill is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on ActiveSkill does not constitute an endorsement or recommendation of such third party or the product or services of such third party by ActiveSkill or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on ActiveSkill is provided to you for informational purposes only. ActiveSkill encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While ActiveSkill works to ensure the information on ActiveSkill is current and accurate.

30. PROHIBITED ACTIVITIES

The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to ActiveSkill or licensed to the ActiveSkill by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. Additionally, you agree not to:

  1. Improper use of users' personal and contact data (address and telephone number).
  2. Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by ActiveSkill.
  3. Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
  4. Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
  5. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
  6. Deep-link to any portion of the services for any purpose without our express written permission.
  7. "Frame", "mirror" or otherwise incorporate any part of the services into any other websites or service without our prior written authorization.
  8. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by ActiveSkill in connection with the services.
  9. Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any Content.
  10. Download any Content unless it’s expressly made available for download by ActiveSkill.

31. DISCLAIMER OF WARRANTIES

ActiveSkill will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services.

Because of the nature of the Internet ActiveSkill provides and maintains the website on an "as is", "as available" basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our website may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse ActiveSkill for any loss or damage caused as a result.

ActiveSkill will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, ActiveSkill excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to ActiveSkill and ActiveSkill shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

  • Any incorrect or inaccurate information on ActiveSkill.
  • The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or any product or service purchased through the website.
  • Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
  • Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
  • Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from ActiveSkill.
  • All representations, warranties, conditions and other terms which but for this notice would have effect.

32. RELATIONSHIP

The parties are and shall remain independent contractors and this Agreement shall not be construed to establish any fiduciary relationship or other relationship of partnership, joint venture, employment, franchise, or agency between them. Neither party shall have the authority to bind the other or incur obligations on the other's behalf without the other's prior written consent in each instance.

33. TAXATION

All affiliates understand and agree that any compensation earned will be submitted to the US Internal Revenue Service for appropriate taxation requirements. US and US Territory Affiliates must complete a digital IRS W-9 form on, or prior to, earning $600 in commissions. Failure to do so will result in delayed payments of such commissions. Every affiliate who has earned more than $600 in a calendar year will be mailed an IRS 1099 form. Affiliates are responsible for paying any required income tax on such earnings.

ActiveSkill is not responsible for any foreign, U.S. federal, state, local, municipal, or other governmental taxes, duties, levies, fees, excises, or tariffs, owed by you arising as a result of or in connection with this Agreement. You must pay all applicable taxes or tariffs applied by any national, state, provincial, or local jurisdiction to which you are subject that arise from or are related to these terms.

34. ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by ActiveSkill for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any Cleaner User, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.

35. INDEMNIFICATION

You agree to defend and indemnify ActiveSkill from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • Your breach of this agreement or the documents referenced herein.
  • Your violation of any law or the rights of a third party.
  • Your use of the ActiveSkill services.

36. CHANGES AND TERMINATION

We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.

37. ASSIGNMENT

This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ActiveSkill without restriction.

38. INTEGRATION CLAUSE

This agreement together with the Privacy Policy and any other legal notices published by ActiveSkill, shall constitute the entire agreement between you and ActiveSkill concerning and governs your use of the website and the services.

39. DISPUTE RESOLUTION

Users agrees to settle any dispute under this Agreement under the laws of the State of Georgia. Any litigation arising under this Agreement will be brought in the courts of competent jurisdiction located in Fulton County, Georgia. In the event of any dispute arising out of or related to the terms, conditions and performance of this Agreement, the prevailing party shall be entitled to collect its costs, including without limitation its reasonable attorneys’, paralegals’ fees, and all costs incurred, whether incurred pre-suit, in court-ordered mediation, at trial, on appeal or in bankruptcy or administrative proceedings.

40. HEADINGS

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.

41. FINAL PROVISIONS

Although the website is globally accessible, these terms are governed by the laws of the United States. Use of ActiveSkill website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.

Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Platform or information provided to or gathered by us with respect to such use.

If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.

42. CONTACT US

If you have questions or concerns about these terms, please contact us through our contact page or through the following contact information:

info@activeskill.com