Terms Of Use
By accessing or using the Belmark website or any applications or services (including mobile applications) made available by Belmark or any other Belmark company (together, the "Website", the "Service" or the "Services"), however accessed, you agree to be bound by these Terms Of Use. The Services are owned or controlled by Belmark Corporation ("Belmark"). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.
There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND Belmark WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
I. Basic Terms
1. You must be at least 18 years old to use the Service.
2. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
3. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, users, username, or any account rights. With the exception of users that are expressly authorized to create accounts on behalf of their employers or clients, Belmark prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Belmark upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
4. You agree that you will not solicit, collect or use the login credentials of other Belmark users.
5. You are responsible for keeping your password secret and secure.
6. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
7. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
8. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
9. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Belmark.
10. You must not access Belmark's private API by means other than those permitted by Belmark. Use of Belmark's API is subject to a separate set of terms by contacting Belmark directly at info@belmarkcorp.com.
11. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any users.
12. You must not use domain names or web URLs in your username without prior written consent from Belmark.
13. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Belmark page is rendered or displayed in a user's browser or device.
14. You must comply with Belmark guidelines and as published from time to time.
15. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
16. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other Belmark terms.
17. Violation of these Terms of Use may, at Belmark's sole discretion, result in termination of your Belmark account. You understand and agree that Belmark cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Belmark, you can have all or part of the Service provided to you.
II. Acceptance Of Belmark Terms and Conditions
Your access to and use of Belmark is subject exclusively to these Terms Of Use. You will not use the Website for any purpose that is unlawful or prohibited by these Terms Of Use. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms Of Use you must immediately stop using the Website.
III. Advice
The contents of the Belmark websites do not constitute advice and should not be relied upon in making or refraining from making, any decision.
IV. Change of Use
Belmark reserves the right to:
1. Change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Belmark shall not be liable to you for any such change or removal.
2. Change these Terms Of Use at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
V. Links to Third Party Websites
Belmark Websites may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability OR USE of any such sites.
VI. Copyright
1. All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Belmark or otherwise used by Belmark as permitted by law.
2. In accessing the Website you agree that you will access the content solely for your personal, non-commercial use except as otherwise noted. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only or as otherwise noted.
VII. Disclaimers and Limitation of Liability
1. The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
2. To the extent permitted by law, Belmark will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
3. Belmark makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
4. Nothing in these Terms Of Use shall be construed so as to exclude or limit the liability of Belmark for death or personal injury as a result of the negligence of Belmark or that of its employees or agents.
VIII. Indemnity
You agree to indemnify and hold Belmark and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Belmark arising out of any breach by you of these Terms Of Use or other liabilities arising out of your use of this Website.
IX. Severance
If any of these Terms Of Use should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term or condition shall be severed and the remaining Terms Of Use shall survive and remain in full force and effect and continue to be binding and enforceable.
X. Governing Law
These Terms Of Use shall be governed by and construed in accordance with the law and you hereby submit to the exclusive jurisdiction of the courts.
XI. Compensation
Any participation in any compensation program is solely voluntary by Member. For terms of compensation classification, all members participating shall be Independent Contractors and are in no way made employees of Belmark. Any tax arising or owed in connection with or participation in any program provided by Belmark and any earning shall be the sole responsibility of the member. Belmark will provide necessary income documentation such as Form 1099 and W-4 of the U.S. Tax Code.
By continuing to use any Belmark Webisite the member expressly understands that there is no guarantee of income earnings and that any potential income examples are for example purposes only. We make no warranty regarding the member’s ability to earn income.
Any HOLD, Cancellation or Termination of member account due to NON PAYMENT of monthly fees, technology fees or Violation of any of the Terms of Use will result in the loss of any right to receive any compensation. MEMBER’S ACCOUNT MUST BE PAID UP TO DATE AND IN GOOD STANDING IN ORDER TO RECEIVE COMPENSATION OF ANY KIND.
Any and all compensation programs are subject to change at the company’s sole discretion and without notice. Compensation program details will be made available from time to time on a Belmark Website or in other manners deemed appropriate by Belmark.
XII. Monthly Payments / Technology Fees / Purchases
Belmark accounts are billed in recurring monthly fashion for platform usage fees. You will be billed for each monthly period for Service provided from the previous monthly period.
Belmark will never ask for Credit Card details through email and request that you do not enter it on any forms except in Belmark secure and encrypted checkout areas. Monthly payments may be automatically be debited from the credit card or account chosen by each member each month until cancelled by member. If any monthly payment is declined for any reason by member’s bank, Credit Card Company or processing service the client may be required to pay any charges associated with returns and any or all Services may be placed on hold or terminated.
XIII. Cancellation Policy
You or Belmark can cancel your account in writing at any time for any reason. At the time of cancellation, Service fees for the current month will be computed based on the day of cancellation in proportion to the end of your monthly billing cycle (pro-rated) and charged to your account. At that time your account will be closed, any and all outstanding charges will be billed to your payment method and all monthly fees will stop. If any outstanding charges are declined using the payment method(s) on file, Belmark may continue to bill the payment method(s) on file or ask you for alternate payment method(s) until the outstanding charges are paid. Any additional fees incurred by Belmark in an attempt to collect any outstanding charges may be added to your account.
There will be a Cancel Account link in your Account Details area of your account back-office. If you wish to cancel your account, click here to login to your account.
For any further information please feel free to contact us.