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OMAOQ.com Web Site
Member Terms and Conditions
Owned and operated by onemillionandonequotes.com, Inc.
Effective Date: 04/01/2008
VOID WHERE PROHIBITED.
THESE MEMBER TERMS AND CONDITIONS GOVERN ALL USES OF OMAOQ.COM WEB SITE INCLUDING SERVICE PARTICIPATION AND YEARLY MEMBER GRATUITY.
ABOUT OMAOQ.COM WEB SITE
OMAOQ.com web site is an internet service that provides eligible individuals who pay a service membership fee the ability to advertise, socialize and post their quote for others to see in the OMAOQ community. Member then gets a membership for one year. The web site will continue to operate even after all one million and one quotes are posted and membership achieved, as long as it is profitable to do so. In addition to that, onemillionandonequotes.com, Inc. is also offering to one of our randomly selected eligible members, a yearly member gratuity. So, cash in on your own creativity, advertise your business, your pictures, your music, your art and your written word. Join our advertising and socializing community and expand your business, post your quote. To see what is done with all the information that we collect through the membership application process, please visit our Privacy Policy.
ELIGIBILITY TO USE SERVICES
To be eligible to join OMAOQ.com web site in order to post your quote, advertise your services and socialize with other community members, you must be 18 years of age and you must accept these terms and conditions. In addition, to be eligible for consideration of the yearly member gratuity you must be 18 years of age or older at the time you purchase OMAOQ.com services. You must also pay the appropriate service fee (in US currency) for each membership you wish to post. You may post more than one membership, however, only your first membership date will be considered for the yearly member gratuity. Meeting eligibility requirements to be able to advertise, socialize and to post your quote on this web site does not guarantee that you will be one of the members selected to be receive the yearly member gratuity.
Onemillionandonequotes.com, Inc. attorney will verify member eligibility and proof of age and identity. If an individual can not prove their identity or that they were 18 years of age or older at the time that OMAOQ.com services were purchased, they will become ineligible for the yearly member gratuity and another member will be selected. See REGULATIONS FOR CONDUCTING YEARLY MEMBER GRATUITY below for details. Employees of onemillionandonequotes.com, Inc. are not eligible for the yearly member gratuity. Contractors and government contractors who perform work for onemillionandonequotes.com, Inc. are not eligible for the yearly member gratuity.
CONTENT POSTED ON THE SERVICES
onemillionandonequotes.com, Inc. is acting solely as an internet advertising company and therefore, is not to be held responsible for any performance offered by any company or web site that has placed their offerings and services within our advertisement services that are offered. All companies and their services should be checked out as much as possible ahead of accepting their services. A good start to researching services is using the internet and its resources, contacting one's state office for the Better Business Bureau, as well as contacting the advertiser's own state better business agency office, searching for any issues with their past performance record.
Further, you understand and agree that onemillionandonequotes.com, Inc. may (but is not obligated to) review any classified ads, content, communication, information, Intellectual Property, material, messages, photos, videos, URLs, profiles and the like (collectively, "content") that is published or displayed (hereinafter, "posted") on the services and delete any such content that in the sole judgment of onemillionandonequotes.com, Inc, violates these terms and conditions or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other members or third parties. You are solely responsible for the content that you post on the services. By posting content to any area of the services, you automatically grant, and you represent and warrant that you have the right to grant, to onemillionandonequotes.com, Inc. an irrevocable, perpetual, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform (including by means of a digital audio transmission), and otherwise use content and to prepare derivative works of, or incorporate into other works, such content, and to grant and authorize sublicenses of the foregoing.
In addition, you represent and warrant that you have the right to post the content and you will not post any illegal or prohibited content and will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any intellectual property rights).
The following is a partial list of the kind of content that is illegal or prohibited on the web site ("prohibited content"). onemillionandonequotes.com, Inc. reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending content from the service and terminating the membership of such violators. Once again, if you send out a web site link with prohibited content, or post a web site link with prohibited content, or let others do so, this will violate your contract agreement with in our terms and conditions with you. Furthermore, your membership will be terminated immediately upon this recognition. In addition, there will be a forfeit by you of all fees paid by you or received from you to onemillionandonequotes.com, Inc. prior to that termination date. There will be no refund granted to you under any condition, voluntary termination or involuntary termination. We will also pursue legal action against you, including fines and legal fees for fraud of services and policy violations. So please think twice before taking this unadvised action.
PROHIBITED CONTENT
Prohibited content is not permitted anywhere on the website or within usernames. This applies to all members and visitors. Prohibited content includes content that:
(a) is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) harasses or advocates harassment of another person;
(c) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
(d) promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(e) promotes an illegal and/or unauthorized copy ("pirated") of another person's copyrighted work (whether marked as such, or not), such as, but not limited to, providing pirated computer programs or links to them, providing information to circumvent copy-protection mechanisms, or providing pirated music, video or other pirated content, or links to such pirated music, video files, or files that contain such other pirated content;
(f) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(g) displays pornographic or sexually explicit material of any kind and in any form;
(h) provides material that exploits any person or any thing in a sexual or violent manner;
(i) provides instructional information about illegal activities such as, but not limited to, making or buying illegal drugs or weapons, violating someone's privacy, or providing or creating computer viruses; or
(j) provides material that solicits personal information from anyone under 18;
(k) solicits passwords or personal identifying information of any kind for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
(l)displays videos of any type containing ad trailers or advertisements, in which are either being played or displayed, in or on, their videos;
(m) displays a business, shop, videos, postings, or links at or on OMAOQ'S web site community that contain any form of sexually explicit context, or adult materials and themes. This includes receiving and sending, email, or advertisements, of this type of content. This consists of any written transmission, photo graphic pictures and images shown on our web site here at OMAOQ, what so ever.
(n)includes sexually explicit, sexually derogative or sexually suggestive names as your user name which is used for display or logging in. You will be terminated immediately upon this recognition. In addition, there will be a forfeit by you of all fees paid by you or received from you to onemillionandonequotes.com, Inc. here at OMAOQ, prior to that termination date.
There will be no refund granted to you under any condition, voluntary termination or involuntary termination. We will also pursue legal action against you in the event of unauthorized use of our services and policy violations. You will be facing the possibility of a law suit, including paying for all legal fees that onemillionandonequotes.com, Inc acquires in attorney charges, as the result of bringing this law suite against you. This will be in addition to being fined for your unauthorized use of our services and policy violations.
We will not tolerate any unwarranted or unsolicited behavior, language, action, or abuse in any form whatsoever. We encourage, and believe, that such behavior should be reported immediately to OMAOQ's staff at
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. It is community responsibility that helps.
As future members of the OMAOQ community, all we ask of you and expect from you to act appropriately toward the opinions of others. Moreover you are expected to monitor your business, your shop, your profile page, and most importantly yourself, with dignity and decorum while you are here. Thank you for considering joining our community and making it your community too.
SERVICE FEE FOR OMAOQ MEMBERSHIP
Following is the service fee for a membership on this web site.
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Online Payment via PayPal: (Credit Card, Debit, or PayPal Account)
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Base Service Fee:
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$15.00
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PA Residents not in Philadelphia/Allegheny
add 6% Sales Tax:
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0.90
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PA Philadelphia/Allegheny Residents
add 7% Sales Tax:
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1.05
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SERVICE FEE FOR UPDATING EMAIL OR OTHER INFO
There is no fee for updating email or other info. members have access through their login to keep email and other info up to date.
REGULATIONS FOR CONDUCTING YEARLY MEMBER GRATUITY
The yearly member gratuity is presented to one eligible member selected at random and is announced on December 25th of each year as long as the web site is in operation. Employees of onemillionandonequotes.com, Inc. are not eligible for the yearly member gratuity. Contractors and government contractors who perform work for onemillionandonequotes.com, Inc. are not eligible for the yearly member gratuity.
Every year on December 25th one (1) eligible member will be selected at random from all members who purchased the service to post a quote on this web site. Only the first paid eligible quote is considered per eligible member for the yearlymember gratuity, which means that purchasing more than one quote does not affect your results in the random eligible member selection. The random selection of one eligible member will be supervised by onemillionandonequotes.com, Inc. attorney. If that random selection is determined to be ineligible, another random selection of one eligible member will be supervised by onemillionandonequotes.com, Inc. attorney until an eligible member is determined.
The yearlymember gratuity amount that the randomly selected eligible member will receive is factored on how much profit after taxes and expenses has been reached by December 25th of that year for only that year. The randomly selected eligible member will receive 3 cents ($0.03 US Currency) for every dollar of profit after taxes and expenses of that year for only that year.
For example,
if $1,000 profit is made from memberships during the year and only that year up to December 25th, the yearly member gratuity amount will be $30;
if $10,000 profit is made from memberships during the year and only that year up to December 25th, the yearly member gratuity amount will be $300;
if $100,000 profit is made from memberships during the year and only that year up to December 25th, the yearly member gratuity amount will be $3,000.
The randomly selected eligible member will be contacted at the email address on record with onemillionandonequotes.com, Inc. All members are responsible for keeping their email current with onemillionandonequotes.com, Inc. Your email is the ONLY way we have to contact you in the event we need to contact you regarding the yearly member gratuity. If the randomly selected eligible member does not respond to onemillionandonequotes.com, Inc. within ten (10) business days of when we send email notification to the most current email that we have on record, or if they do not meet eligibility requirements, another random selection will be conducted from the remaining eligible individuals until an eligible member is determined.
The randomly selected eligible member who receives the yearly member gratuity will be reported to the IRS and they are responsible for paying income taxes and any transfer fees on the yearly member gratuity. The yearly member gratuity is before taxes. Taxes will need to be paid before transferring the yearly member gratuity. The result after taxes is the amount that will be reported to the IRS as the yearly member gratuity offered to the randomly selected eligible member. The randomly selected eligible member may choose to give the total yearly member gratuity amount to an IRS approved charitable organization of their choice. Any transfer fees or costs associated with the yearly member gratuity must be paid by the randomly selected eligible member.
Administration of the yearly member gratuity and transfer of yearly member gratuity to the randomly selected eligible member will be handled by onemillionandonequotes.com, Inc. attorney. Onemillionandonequotes.com, Inc. attorney may be contacted at:
Timothy Engler, Esq.
Engler Law Office, P.C.
411 Cumberland Street, Suite One
Lebanon, PA 17042
Phone: 717-270-1884
Fax: 717-376-0120
Email: mailto:
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Website: englerlawoffice.com
Onemillionandonequotes.com, Inc. tax accountant may be contacted at:
Lisa M. Smarsh
Diana M. Reed & Assoc. P.C.
1505 E. Chocolate Ave.
Hershey, PA 17033
Phone: 717-533-5513
Fax: 717-533-6847
Email: mailto:
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Website: http://www.dianamreed.com
Funds for the yearly member gratuity are held by onemillionandonequotes.com, Inc, financial institution. Onemillionandonequotes.com, Inc. financial institution may be contacted at:
PNC Bank, NA
9 West Chocolate Ave.
Hershey, PA 17033
Phone: 1-888-PNC-BANK
Email: Contact PNC Bank
Website: http://www.pnc.com
RELEASE
To the extent permitted under applicable laws, you hereby release onemillionandonequotes.com, Inc. from any liability related to: (a) any incorrect or inaccurate content posted on the services, whether caused by any user of the services or member, or by any of the equipment or programming associated with or utilized in the services; (b) the conduct, whether online or offline, of any user of the services or member; (c) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or content display on account of technical problems or traffic congestion on the Internet or at any web site, or combination thereof, including injury or damage to user's and/or member or to any other person's computer related to or resulting from participating or downloading materials in connection with the services; (d) any loss or damage caused by content posted on the services or transmitted by and to members, or any interactions between users of the web site and/or members, whether online or offline; and (e) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, web site user or member communications.
DISCLAIMER
To the extent permitted under applicable laws, the services are provided "as-is" and as available and onemillionandonequotes.com, Inc. expressly disclaims any warranty and conditions of any kind, whether express or implied, including, but not limited to, the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement and onemillionandonequotes.com, Inc. does not guarantee and does not promise any specific results from the use of the services. Onemillionandonequotes.com, Inc. does not assume any obligation to monitor activities on the service.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
LIMITATION ON LIABILITY
To the extent permitted under applicable laws, onemillionandonequotes.com, Inc. shall not be liable to you, or any third party, for any indirect, consequential, exemplary, incidental, special or punitive damages (including also lost profits) arising from your use of the services, even if onemillionandonequotes.com, Inc. has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, onemillionandonequotes.com, Inc. liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the greater of (1) any amount paid by you to onemillionandonequotes.com, Inc. for the services; and (2) fifty U.S. dollars (US$50).
Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitation or exclusion may not apply to you.
INDEMNITY
You agree to indemnify and hold onemillionandonequotes.com, Inc., its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the services in violation of these terms and conditions and/or arising from a breach of these terms and conditions and/or any breach of your representations and warranties set forth above.
LEGAL WARNING
Any attempt by any individual, whether or not a member, to damage, destroy, tamper with or vandalize this web site, or otherwise interfere with the operation of the web site, is a violation of criminal and civil law and onemillionandonequotes.com, Inc. will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
OTHER
These terms and conditions contain the entire agreement between you and onemillionandonequotes.com, Inc. regarding the use of the services. If any provision of these terms and conditions are held invalid, the remainder of these terms and conditions shall continue in full force and effect. Notwithstanding any other provisions herein, no party will be deemed as a third-party beneficiary to these terms and conditions and a third party (including another member) who is not a party to these terms and conditions has no right to enforce any of these terms and conditions. If any provision of these terms and conditions are found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of onemillionandonequotes.com, Inc. to exercise or enforce any right or provision of these terms and conditions shall not operate as a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding these terms and conditions at
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.
COPYRIGHT/TRADEMARK INFORMATION
Copyright 2006-2007, onemillionandonequotes.com, Inc.. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Mark.
HOW TO CONTACT US
If you have any questions concerning eligibility for the yearly member gratuity, or questions about OMAOQ.com web site, onemillionandonequotes.com, Inc. or about these terms and conditions, please contact us:
onemillionandonequotes.com, Inc.
11 Appalachian Drive
Grantville, PA 17028
Email:
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Website: http://www.OMAOQ.com
-- onemillionandonequotes.com, Inc.
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