Terms of Service

Terms of Service (Clients)

In using the POWERPLAY Online platform, products and services you are deemed to have read and agreed to the following terms and conditions listed below. By accessing and using POWERPLAY Online services through your POWERPLAY Online client account, you agree to the following terms and conditions and any policies, guidelines or amendments thereto. If the law or changes in functionality or terms affects the service we offer you through your client account, and you do not agree with these terms, then you must immediately stop using your client account and cease your participation in POWERPLAY Online.

Client Account

As a condition of your use of your POWERPLAY Online client account, you warrant that: you are at least 18 years of age; you possess the legal authority to create a binding legal obligation; you will use your POWERPLAY Online client account in accordance with this Agreement; and all information supplied by you is true, accurate, current and complete.

Availability

You are solely responsible for content and conduct within your campaign. POWERPLAY Online, its owners, administrators and associates do not warrant the service will be uninterrupted, timely or error free, although it is provided to the best ability.

Refund Policy

No refunds shall be offered or granted for any reason. POWERPLAY Online limits the sale of campaigns to one at a time and insists the client not purchase a campaign while possessing an unpublished 30-day campaign.

Cancellation Policy

Account cancellation can be achieved by contacting customer service. No refunds are associated with account cancellation for any reason. A cancellation cannot take effect while a campaign is published and in effect. An account cancellation necessarily terminates participation in the referral rewards program.

Campaigns

Each Client is wholly responsible for his/her/its ad content. POWERPLAY Online limits its role to site development, enhancement and administration of the software platform to the best of its abilities with no stated or implied guarantees of efficacy of any kind. In the event of a system failure, POWERPLAY Online will take the steps deemed necessary to recover from the failure as well as attempt to restore campaigns to the state they were in prior to the failure. Should restoration of campaigns not be possible or feasible – clients, advertisers and associates will not hold POWERPLAY Online, its owners, administrators and associates responsible for damages of any kind.

Unacceptable Campaign Content

Campaigns may not make direct or indirect reference to:

• Tobacco products, with the exception of products and services associated with cessation of tobacco usage.

• Weapons, including firearms, ammunition, paintball guns, bb guns, fireworks, explosives, pepper spray, knives, “tasers”, or weapons of any kind, including those used for self-defense.

• Inflammatory and derogatory personal, political and religious statements

• Spy Cams and Surveillance Equipment

• Counterfeit Goods

• Fake documents, including degrees, passports, immigration papers, etc.

• Pornography, including reference to nudity or pornographic material of any kind.

• Penny Auctions, including: bidding fee auctions, and other similar business models.

• Any content deemed unacceptable or in contradiction to community standards by POWERPLAY Online in its sole discretion.

Spam

Bulk email (spamming) is defined as identical or similar e-mail messages sent to 25 or more recipients where the recipient has not specifically requested such e-mail. The sending of bulk email relating to POWERPLAY Online is strictly prohibited and is cause for immediate account termination. The posting of any POWERPLAY Online related advertisement or other commercial solicitation to any newsgroup or comment section in a fashion associated with spamming, trolling or other anti-social practice is likewise prohibited. Any person or organization risking termination of their account does so with the understanding that they forfeit their participation in all POWERPLAY Online activities including all current and future advertising reward payments.

The Advertising Rewards Program

The Advertising Rewards Program is a promotional vehicle in which participation is optional. While the maximum yield of a reward for a 30-day campaign is $106.20 it is not stated, implied or guaranteed that you will achieve said maximum. As the reward program is based on the growth pattern of the advertising platform, as well as a sustained level of satisfaction by you and others, the reward amount cannot be accurately calculated. It may also be evidenced that amounts can deviate across accounts.

The advertiser is eligible to receive an advertising reward each day he/she has an ad published, and on a per account basis. The advertising reward payments are made by check and delivered by USPS. A processing fee of $3.40 is applied for each payment and subtracted from the advertiser’s reward account at the moment of processing.

Interpretation

Any ambiguity in this Agreement shall be interpreted in favor first of Buoyant Concepts, Inc. owner and operator of the POWERPLAY Online advertising platform and website, second in favor of the public and third the client. Any paragraph in this Agreement considered to be unlawful, immoral or otherwise unenforceable shall in no way affect the validity of the remaining paragraphs. This like various other declarations serve to minimize the primary and operational costs to Buoyant Concepts, Inc. and consequentially, minimize the campaign cost to clients.

Tax Obligation

Once your earnings have reached $600 (six hundred US dollars), and prior to requesting a check, you will need to provide your federal government tax number (SSN or EIN) in the profile area of your back office. You, the advertiser, assume responsibility for all associated taxes on your earnings. A 1099 tax form will be submitted to meet your state and federal obligations for your accounts collectively.

Indemnification

You agree to defend and indemnify Buoyant Concepts, Inc. and any of its officers, directors, employees and agents 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 (a) your breach of this Agreement; (b) your violation of any law or the rights of a third party; or (c) your use of your POWERPLAY Online client account.

Software

The software that is made available for your use in your POWERPLAY Online client account is the copyrighted work of POWERPLAY Online. POWERPLAY Online hereby grants to you, the user, a limited, personal, nontransferable license to use the software as intended in accordance with these terms and conditions and for no other purpose.

Liability

IN NO EVENT SHALL BUOYANT CONCEPTS, INC. OR ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR USE OF YOUR POWERPLAY ONLINE CLIENT ACCOUNT WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. IF BUOYANT CONCEPTS, INC. IS FOUND LIABLE FOR ANY LOSS OR DAMAGE HERE UNDER, THEN SUCH LOSS OR DAMAGE WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE AMOUNT YOUR LAST PAYMENT TO POWERPLAY ONLINE OR (B) ONE-HUNDRED EIGHTY DOLLARS (US$180.00).

Disclaimer

Regardless of any statement found on the site or any interpretation of any such statement, be it promotional, instructional, casual or other, there is no guarantee or warrantee of any kind that advertising on the site will further your business goals nor that the advertising reward program will produce any sum of money at any time. We urge you not to use the site if it means you may incur a risk of any kind by doing so and as such your participation comes strictly at your own risk.