Terms of Use

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Welcome to PARABACK!

Before you can become a participant in the PARABACK Webmaster Program, you must first read carefully and agree to the following terms and conditions. This is a legally binding agreement (hereafter the "Agreement") between PARABACK (sometimes referred to as "Us" or "PARABACK" or "We") and you (referred to herein in the agreement as "You").

The following program participation offer is subject to all the terms, warranties, conditions, limitations and waivers stated below. By joining PARABACK Webmaster Program, you will be bound by this Agreement.

1. Rights Granted To You by Paraback

Subject to the terms and conditions set forth in this agreement, we grant you the following:

  • 1.1 Non-exclusive right to direct, refer or send visitors or users of your Website to websites owned or operated by PARABACK.
  • 1.2 A limited nonexclusive, nontransferable and revocable license to access and download promotional banners, and other promotional materials created by Paraback.com for use on your Website for the exclusive purpose of advertising, marketing or promoting Paraback Website; however, the license herein granted shall automatically and immediately cease upon breach of this Agreement by you or the termination of this Agreement.

2. Your Warranties

In consideration of Paraback providing you with the Webmaster Program benefits and materials, you agree and warrant the following:

  • 2.1 You will, at no time while participating in the Paraback Webmaster Program, or using any materials provided to you by us, directly or indirectly display or include on your Website any advertising or advertising links of any kind which promote Paraback Website, other than those advertisements or ad links which have been pre-approved by us, in compliance with this Agreement. This agreement does not preclude your advertising other programs on your website as long as you obey all applicable laws (obscenity laws, copyright, patent, unfair competition laws, etc.)
  • 2.2 You will use your best efforts to actively and lawfully promote your Website and increase the number of appropriate visitors to it.
  • 2.3 You will not use any form of mass unsought electronic mail solicitations, news group postings, IRC posting or any other form of "spamming" as a means of promoting your Website or for the purpose of directing or referring users to Paraback Website. You further acknowledge and agree that we have the right to immediately, and without prior notice, terminate your participation in the Program if we, in our sole and exclusive judgement, conclude that you have engaged in the use of any form of mass unsought electronic mail solicitations, news group postings, password selling or trading, IRC posting or any other form of "spamming". Spamming is ridiculous for us. If you spam, your participation in the program will be terminated, and you will be barred from future participation in the program and all funds due to you will be forfeited to Paraback.
  • 2.4 You will not copy or reproduce, alter, modify or change, broadcast, distribute, transmit or disseminate any banners or other promotional or advertising materials provided to you by Paraback pursuant to this Agreement and the Program in whole or in part, in any manner, at any time anywhere in the world except in the case of obtaining Paraback written consent.
  • 2.5 You will not, directly or indirectly, link any of the following content or material to Paraback Website through any hyperlinks maintained or created on your website. This includes:
  • (i) Obscene material.
  • (ii) Any threatening, abusive, hateful, defamatory, libelous, slanderous, scandalous or injurious material to the reputation of any person or entity;
  • (iii) Any material which constitutes an infringement, misappropriation or violation of any person's intellectual property rights such as copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights or any other rights;
  • (iv) Any program, file, data stream or other material containing viruses, worms, "Trojan horses" or any other destructive feature, regardless whether damage is intended or unintended, which may cause damage to any computer equipment, loss or corruption of data or programs or inconvenience to any person.
  • 2.6 You shall remain a Program Participant until you terminate your participation in the program by notifying Paraback by email at admin@paraback.com with your intent to terminate your participation; or in case your participation in the Program is terminated by Paraback for whatever reason.
  • 2.7 You shall cease to be a Participant in good standing and shall be subject to immediate termination of all benefits without prior notice, if you fail to perform or breach any part of this Agreement.
  • 2.8 If your participation in the Program is terminated for any reason, you cease to be a Program Participant in good standing, or you cease to offer services on the internet, you shall immediately and permanently cease all use of all materials provided to you by Paraback through the Program and you must remove all files containing materials provided to you from your website pursuant to this agreement.
  • 2.9 You are the person who owns or the one entitled to contract on behalf of the entity owning this website and having the full rights to use it.
  • 2.10 Upon termination of this Agreement, you will immediately cease using the administrator marks and remove from your website any materials supplied to you by Paraback and/or referral links, including without limitation any banner ads.
  • 2.11 All your warranties, indemnities and obligations, which by their nature are designed to survive termination, shall extend beyond the termination of this Agreement.
  • 2.12 You are strictly prohibited from using any spyware or sexually explicit ads or promotions to advertise our website, product offerings and travel services.
  • 2.13 You agree that you have received, read, and agreed to comply with the FTC-Various Order signed by the FTC on December 5th, 2007 and understand and agree that engaging in acts or practices prohibited by the above FTC-Various Order will result in your immediate termination from any incorporated affiliation or other marketing programs and a forfeiture of all monies received or owed will be imposed.
  • 2.14 You agree to fully cooperate with our compliance in the FTC-Various Order.
  • 2.15 You agree to immediately notify us by email on admin@paraback.com of any complaints you learn of regarding alleged sexually explicit ads on our website, and/or travel services offered.
  • 2.16 You agree to fully cooperate in any investigation we choose to perform for compliance under the above FTC-Various Order or to determine any violations to our Affiliate Program Agreement, including providing us upon our request any copies of historical web pages/URLs or online ads that contain(ed) sexually explicit advertisements or promotions of our website, products and travel services.

3. Credit Card Payment

Credit card payments are processed through PayPal (www.paypal.com), credit charges will appear on credit statements. If you have any questions regarding credit card payments, please contact Paypal.

If you pay for your reservation beforehand on Paraback, your credit card will be charged by us by the total amount (without the option of refund in some cases). Please, check the details of the reservation thoroughly before you pay. Refunds are handled by the mother company VerenaHotels, if applicable in a determined time period of 1-7 working days. In case of credit card fraud or unauthorized use, ask your bank for assistance.

If such issue emerged during the use of Paraback.com, please contact our customer care department immediately! Reservations must be made by individuals of age of 13 or above, who must be fully independent, and must be able to make bank transfers/authorizations.

By using your credit card, you declare that the card is in your possession and that you can cover the expenses of the transaction with sufficient funds. You accept that your name/account can be held financially responsible. You acknowledge that the data you gave at the reservation is completely accurate and correct. Paraback.com reserves the right to decline certain credit cards. Furthermore, Paraback.com can obliterate different payment methods according to its own discretion.

The booking engine is equipped with a fraud and abuse alarm program. We can ask for the information you already stated in a number of different cases, to confirm the reservation. You can find more information about this on the website. Reservations are not confirmed until you did not receive your confirmation with the voucher. It is possible, that the hotel may be completely full with fake reservations and your reservation will be cancelled as well. Paraback.com may not be held responsible in such cases.

The given information is dealt with in accordance to strict rules to guarantee full information privacy. For that reason we use encryption, and the verification of personal data is made by personnel specialized in such field.

In case you decide you will not submit supplementary information, the reservation will not be finalized and it will be automatically cancelled.

4. Limitations of Your Participation in the Program

You acknowledge and agree that the Program, your participation in the Program and Program Benefits are subject to the following limitations:

4.1 Paraback shall at all times have the right, in its sole and exclusive discretion, to terminate the Program and any/ all Program Benefits relating to your Participation at any time and may do so with or without prior notice or cause and may/may not notify persons who were referred by you of such termination and any new methods, locations, or techniques for logging in to and accessing Paraback website.

4.2 Program Benefits are not transferable by you and may only be self-used in association with your website while you are participating in the Program, and in a good standing.

4.3 All Program Benefits materials, including, without limitation, all advertising banners, photographic materials, recordings, video, sound, and any other form of intellectual property provided to you by Paraback as part of this Program shall remain the property of Paraback and may not be copied or reproduced, altered, modified or changed, broadcasted, distributed, transmitted or disseminated, sold or offered for sale in any manner, at any time anywhere in the world except as expressly authorized by Paraback in writing.

5. PARABACK Benefits

5.1 For each person becoming a subscriber to Paraback website, and who has been tracked and verified by Paraback as a "referral" or "IP" to one of the Paraback websites from your website, you will receive a referral fee or commission as set forth at the "Commission" link located at www.paraback.com

Who should get benefits?

  • (i) a person who has been directed to one or more of Paraback websites through the use of a hypertext transfer link residing on your website, in the form of a banner ad or other promotional link that automatically connects any person who clicks on the said banner ad or other promotional link, to one or more of the Paraback websites;
  • (ii) a person who, after being directed to one or more of the Paraback websites through the use of the hyperlink banner ad or other promotional link supplied by the administrator, has been converted into a subscriber by the operator of such sites;
  • (iii) payments under USD 100/ EUR 100 shall be held over until the amount owed you is over USD 100/ EUR 100 as a minimum payout.
  • 5.2 You acknowledge and agree that you shall not be entitled to a commission or referral fee for any Paraback websites in case of violation of any of the terms of this Agreement.
  • 5.3 You also acknowledge and agree that you shall not be entitled to a commission or referral fee for any subscription in which the administrator determines is the result of possible fraudulent activity. You further acknowledge and agree that the administrator shall have the right, in its sole and exclusive discretion, at any time to expand or modify what it determines to constitute possible fraudulent activity. Without limiting the foregoing, possible fraudulent activity shall include without limitation, the following circumstances or activities:
  • (i) where there has been an attempt to put through a credit card with a bin number that is listed in a negative bin number database;
  • (ii) where there have been sequential or multiple attempts to register or subscribe from a credit card using the same bin number and sequential or multiple number strings to complete the credit card number.
  • 5.4 You acknowledge and agree that Paraback shall have the right to terminate the program at any time, for any reason, or for no reason at all, in its sole and absolute discretion.
  • 5.5 All commissions and referral fees due and payable hereunder shall be payable in United States Dollars or Euros subject to the currency used for payment.
  • 5.6 The commissions or referral fees payable as part of the Program shall be listed at the "Commissions" link located at www.paraback.com, the administrator reserves the right, in its sole and exclusive discretion, and at any time, to alter or modify the Program including the method and terms of payment benefits to Participants. Any changes posted in the "Payout Details" link shall be binding upon all Participants, immediately upon posting the said changes at that link by the administrator. It shall be your sole obligation to check the "Payout Details" link to determine if there have been any changes in the Program.

6. No Joint or Collaborative Venture

No Monitoring or Control of your content by Paraback.com

Nothing in this agreement is intended to create or constitute a joint or collaborative venture or partnership of any kind between our both parties, nor shall anything in this Agreement be construed as constituting or creating any agency or employment relationship between our entities, employees, agents or assigns.

  • 6.1 You acknowledge and agree that we shall have no control or ownership interests of any kind into your business or website.
  • 6.2 You acknowledge and agree that you shall have no financial or other interests in the administrator or any property owned by Paraback, its affiliates, licensees, agents, successors or assigns.
  • 6.3 You acknowledge and agree that your relationship with Paraback shall be restricted to matters pertaining to the Program exclusively and shall be governed entirely by the terms and conditions of this Agreement.
  • 6.4 You acknowledge and agree that we have no direct or indirect control over the content, the manner of performance or services, or in association with your website except as specifically set forth in this Agreement.
  • 6.5 You further acknowledge that neither the administrator nor any employee, associate, agent, assign or successor of the administrator shall exert or provide any direct or indirect control over, monitoring of, supervision of, or review of the content appearing or otherwise distributed on, or in association with your website, and that you shall be solely responsible for any legal liabilities or consequences resulting from the dissemination of that content on or through your website.

7. No Guarantees or Warranties of any kind

You acknowledge and agree that the administrator makes no guaranties or warranties of any kind with respect to the Program or materials provided by, or in association with the Program, and all materials are provided to you "as is", and that use of Program and associated materials, without limitation, is solely at your own risk. The administrator disclaims all warranties, either expressed or implied, but not limited to, warranties of merchantability and fitness for a particular purpose, with regard to the Program.

8. Administrator Limited Liability and Liquidated Damages

You acknowledge and agree that under no circumstances shall the administrator, its employees, independent contractors, licensees, authors, agents, representatives, assigns and successors be liable to you, or any other person or entity, for any direct or indirect losses, injuries or incidental or consequential damages of any kind (including, without limitation, the damages for loss of business profits, business interruption, loss of business information, or other incidental or consequential damages or any other pecuniary loss) with regard to any link or from any of the Paraback websites, or arising from or in connection with the use of the Paraback webmaster program materials, or due to any mistakes, omissions, delays, errors, interruptions in the transmission, or receipt of the administrator services, content or Program materials, including without limitation any losses due to server problems or due to incorrect placement of HTML, regardless whether based upon breach of contract, record-keeping errors and omissions, copyright, trademark, patent, or any other claim or cause of action.

In the event of any network downtime, computer or technical error, we will not be held responsible for any lost hits, signups, traffic or income or any other damages.

  • 8.1 Notwithstanding the foregoing express limitations of liability, you acknowledge and agree that should the administrator, its officers, employees, successors, licensees or assigns be held liable to you for damages, injuries or losses of any kind, directly or indirectly resulting from your participation in the Program, that the total amount of liquidated damages in United States Dollars for any and all your claims, injuries, damages or losses shall not exceed a total of one thousand dollars (USD 1000.00)

9. No Representations of Success or Profitability

You hereby confirm and acknowledge that you have unilaterally decided to enter an Internet Service Business and acknowledge that it is a high risk business. You further confirm, acknowledge and expressly agree that the administrator, any agent, licensee or representative of the administrator, or any other person had never, at any time in the past, directly or indirectly communicated in any manner to you any guarantee, reassurance or any other communication of any kind regarding:

  • (a) the potential profitability or likelihood of success of your participation in the Program as set forth in this Agreement or otherwise;
  • (b) the possibility or likelihood that the use of any products and/or services provided by the administrator pursuant to this Agreement can or will result in the recoupment of any funds expended by you for the promotion of your website or any other purpose;
  • (c) the existence, nonexistence, size or any other characteristics of any market for any products or services which involve your participation in the Program pursuant to this Agreement.

9.1 You expressly acknowledge and agree that the success of its business endeavors which involve your participation in the Program pursuant to this Agreement, like any other business endeavor, is subject to numerous factors, such as the effectiveness of advertising and promotion, your administrative capabilities, etc., and that the ultimate success or failure of your business rests within you and not the administrator. You further expressly agree not to raise any claim of any kind against the administrator or any of its licensees, and you agree to hold the administrator harmless from any claim of loss to you directly or indirectly resulting from your decision to participate in the Program pursuant to this Agreement.

10. No Monitoring or Supervision provided by Paraback

We shall not monitor, supervise or review, and shall not be responsible for any content appearing or distributed on, or in association with your website including any content which you have received from Paraback. You assume the full and sole responsibility and liability for the decision to display or include the content on your website, to distribute or make the content available to the viewers of your website in various geographical areas, and for all decisions relating to the manner in which you permit or restrict access to your website.

11. Terms and Termination of the Agreement

You acknowledge and agree that the term of this Agreement is at will, and this Agreement and/or the Paraback Webmaster Program may be terminated by the administrator, in its sole and exclusive discretion, at any time, without any advance notice and for whatever reason.

  • 11.1 in the event that this Agreement or the Paraback Webmaster Program is terminated by the administrator, you shall be entitled to all unpaid commissions or referral fees earned by you prior to the date and hour of termination (of course this depends on the cause of the account termination). However, you shall not be entitled to receive any commissions or referral fees for any "referrals" delivered or received by the administrator after the date and time of the termination.

12. Entire Agreement, Modification, and Assignment

This Agreement constitutes the entire agreement between you and Paraback with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussions, or representations, whether written or oral.

  • 12.1 you agree that the administrator may from time to time, in its sole and exclusive discretion, modify the type and quality of benefits provided to you hereunder either with or without notice. Other terms and conditions may be modified by Paraback at any time upon email notification sent to you or by posting at Paraback information web address location.
  • 12.2 you agree that no modification of this Agreement by you, your employees, representatives, agents, assigns or successors shall be enforced or have any effect unless put in writing and signed by the administrator' duly authorized representative.
  • 12.3 you agree that no officer, employee or representative of you or the administrator has any authority to make any representation or promise in connection with this Agreement or the subject matter thereof which is not contained expressly in this Agreement; and you acknowledge and agree that you have not executed this Agreement in reliance upon any such representation or promise.
  • 12.4 you acknowledge and agree that the failure of the administrator to enforce any of the specific provisions of this Agreement shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder.
  • 12.5 you agree that all promises, obligations, duties and warranties made by you in this Agreement are personal to you and that neither them nor any benefits hereunder may be assigned by you to any other different person or entity.
  • 12.6 you agree that the administrator may at any time, and without prior notice to you, freely assign all or part of its duties, obligations and benefits hereunder.

13. Arbitration and Choice of Law

Any and all disputes related to or arising out of this Agreement, shall be resolved according to the Spanish Law, and be subject to competent jurisdiction.

  • 13.1 This Agreement is executed in Budapest, Hungary and all its provisions shall be governed by and construed according to the laws of Hungary.

14. Provisions of this Agreement not deemed unenforceable shall survive any unenforceable provisions

In case one or more of the provisions contained in this agreement become for any reason invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the other provisions. This agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of all other provisions.

15. A mutually drafted Agreement

For purposes of construction of this Agreement, both the administrator and you shall be deemed to have mutually drafted this Agreement and all parts thereof.

16. Reviewed Agreement by the attorney

We strongly advise you to review this Agreement with your attorney before you sign it. You acknowledge and agree that nothing herein and no statement by Paraback or any employee, representative, agent or other person associated with Paraback has in any way prevented or inhibited you in any way from seeking such advice prior to entering into this Agreement. You hereby acknowledge and agree that the terms of this Agreement are reasonable and fair; all terms have been fully disclosed in writing, and that you have been given a reasonable chance to seek advice of independent counsel with respect to this Agreement and all transactions associated herewith.

17. Acceptance and Execution of this Agreement

By signing up to our website, or by supplying the administrator with all the required information to sign you up to the Paraback Webmaster Program or your actual use of the Paraback Webmaster Program is an acknowledgment that you agree to all the terms, conditions, promises, warranties, duties and obligations set forth in the above agreement.

Paraback, an affiliated company to Elegant Gates UK Ltd is headquartered on Second Floor 4 - 5 Gough Square London EC4A 3DE, United Kingdom.

Paraback.com

Last updated on 5th June, 2015