General terms and conditions of use of Weetix.com at 02/04/2005
Article 1: Introduction
1.1: Service provider
The service provider is Galaxya, a limited liability company and registered headquarters at:
Galaxya LLC
1000 5th. Street
Suite 200
Miami Beach, Florida 33139
USA
1.2: Definitions
The term "SMS" (Short Message System) refers to a text message of a maximum of 160 characters sent to a landline or mobile phone able to receive this type of message.
The term "client" or "user" refers to any person holding an account on Weetix.com.
The term "client" also refers to anyone using the website revenue-generating module provided by Weetix.com.
The term "service" or "module" refers to any website revenue-generating system provided by Weetix.com.
The term "webmaster" refers to anyone owning or managing a website.
The term "SMS spam" refers to mass sendings of unsolicited SMS messages.
1.3: National jurisdiction
Using the services provided by Weetix.com implies acceptance of current French legislation applicable.
Article 2: Object of this agreement
The object of this agreement is to set out the conditions and terms on which Galaxya provides its clients with the various website revenue-generating modules.
Article 3: Object of the Weetix.com website
Weetix.com offers webmasters a range of varied website revenue-generating services, focusing mainly on SMS services.
Article 4: Payments
Galaxya undertakes to pay all site members earning revenue (including sponsorship revenue) of $50 or over, within 15 days*, by check or bank transfers and in accordance with the scale of outpayments quoted on the website.
Where revenue earned for the month is less than $50, the amount will be carried forward automatically to the next month.
* This 15-day period runs from the first day of the month following the month in respect of which outpayments are made. In the case of outpayments for the month of February, for example, payment will be made by Galaxya within 15 days from 1 March.
Article 5: Unauthorized use of the service
Users are prohibited from featuring modules provided by Weetix.com on any pornographic, indecent or immoral website.
Any attempted cheating or behavior deemed to be of a seriously abnormal or illegal nature (transforming our services into prize competition/games without the accompanying legal rules and regulations, misleading or false advertising) will entail closure of the offending account. No out payments will be made to any such account.
Any attempt emanating from your website to send unsolicited e-mails to subscribers to Weetix services, or to put pressure on the Weetix team to supply a list of Weetix subscribers will entail the immediate closure of your account. No outpayments will be made in respect of either the balance of your account or any payments in progress. Similarly, any unusual pressure on the Weetix team for illegal purposes will attract the same penalty, as will any attempt to put pressure on Weetix to close the account of one of your competitors.
Article 6: Closing an account
A Weetix.com client may request closure of their account by simple e-mail. Galaxya undertakes to close the account concerned within 7 days. Outpayments will then be made on the terms set out in article 4.
Galaxya may also decide to close an account without notice and without warning the account holder. Outpayments will then be made on the terms set out in article 4, unless the account has been closed on the terms set out in article 5.
If no login to an account is made for more than 30 days, Galaxya reserves the right to consider the account abandoned and to close it accordingly. No outpayment will then be made.
Article 7: Advertising
Weetix and Galaxya reserve the right to display an advertising link on their services, in respect of which no remuneration may be claimed in consideration.
Article 8: Specific difficulties
In the event of difficulties or problems using Weetix, you will be offered mediation. Should mediation fail, either party may apply to the French courts. Should any article in this agreement be in breach of current French legislation, it shall be deemed null and void and shall not be considered in the event of litigation.
Article 9: Precedence of GTCU versions
The general terms and conditions of use of Weetix.com available on http://www.weetix.com/conditions/ take precedence over any other version.
Where a contract is signed between a professional and Galaxya, this shall take precedence over any other version, except by agreement between the two parties.
Article 10: Modification of this agreement
The general terms and conditions of use of Weetix.com may be modified without notice.