Commit3x.com is a fun game for social adults. It measures popularity and provides a framework for an emotional and dramatic game played in real life with real people you know in the real world. As Votes are placed, you can see who gets the highest Total Votes. You can ask your friends to Vote for you, and you can Vote for people you like.
We believe the User Interface of the Web Site is very easy to use. However, the Web Site Guide (or a PDF version ) and Technical Support areas are available if you have specific questions or would like to learn all of the details about the way the Commit3x web site functions.
Commit3x's public Ranking area shows the Vote Totals of all the people who have won Votes at Commit3x.com, and also all people who has purchased PINs at Commit3x.com. The information is shown in several different charts and it is easy to search for a person by name. Like a phone book, your name and city are shown. This is the only personal information saved at Commit3x. If someone Voted for you, your name will appear in Rankings even if you have not been to the Web Site.
Commit3x requires you to purchase a PIN before placing Votes. Buying a PIN indicates you agree with the Web Site Terms of Use. One key requirement is that you Vote using only your real name and you do not create fake accounts or generally cheat. All payment information is handled by Authorize.NET, Commit3x only records your name and city (and Commit3x specific data like Vote Totals). Your PIN is required to log into Commit3x. If you lose the PIN number, you will have to purchase another to get to your Member Account at Commit3x.
Normally Commit3x members Vote for their close friends. You may vote for yourself or anyone you would like, even fake people or Non-Members. You can always change votes after placing them.
People can get more than 3 Votes. Every 4 Votes won gives you an extra Vote to use. You may also get more Votes in the VIP Services area by purchasing Tokens and using them for Votes.
Who Voted for whom is generally not visible, however you may use purchased Tokens in the VIP Services area to get a one-time Intel Report on Voter Names.
VIP Services are one-time purchased services that are available to users (such as getting additional votes), you buy Tokens to be used for VIP Services. Some example VIP Services are to appear on the Top Ten list, to be eligible for auto-complete in the Write-In area, and to have a special Ballot Icon.
Commit3x lets you adjust the way you appear on the ballot as people Vote:
Revision of This Document, the Commit3x Web Site Terms of Usage: 9-18-15
This document explains the Terms of Use that Commit3x Web Site users have to abide by. The first two sections, Terminology and Brief Summary, provide a good general summary of the document as a whole. The remaining sections list all the legal terminology in detail and are a binding contract. You agree to the contract as given in Article 1.2, generally when making any purchase at Web Site www.Commit3x.com.
Commit3x is an online social game (or video game) whose entertainment goal is to see who is the most popular. People Vote for each other, and the Total Votes are used as a popularity measure.
In this document, “us”, “we” or “our” refer to Commit3x LLC. In this document “you” or “your” refers to the person agreeing to the terms of the document. “Terms” or “Terms of Use” refer to this document as a whole, which contains 8 articles along with this terminology section and the following brief summary section.
Commit3x is an online social game (or video game) whose entertainment goal is to see who is the most popular. People Vote for each other, and the Total Votes are used to approximate popularity and see who has the most Votes. Members place Votes, normally 3 Votes, for people they pick. This is the meaning of the name, people commit three times. By comparing how many Total Votes people receive, we believe we can get a fun and interesting approximation of how popular each person is, and equally create an emotional, fun, interactive social game based in the real world but measured online.
To perform certain important tasks in the game or obtain certain optional fun features, purchased products from Commit3x are required. For instance, to Vote, the main feature of the game, you require a purchased PIN. Other features, such as seeing how many votes a specific person has, are publically available.
The Products Commit3x offers enhance the consumer’s enjoyment of the web site, and their delivery is recorded by the customer’s receipt of payment, the payment gateway’s record of the processing, and the Web Site Database entry of the purchase. Purchases are final and no refunds are given.
The Web Site is localized to the USA and only accepts customers, purchases and users from USA. Commit3x LLC currently has no plans to be international or accept international customers.
Commit3x offers two purchasable products:
No physical products are ever delivered to customers. All sales are final and making purchases requires the purchaser to consent to these Terms of Use by marking a check box ‘I Agree to the Terms of Use’. The products are accessed through the Web Site, and stored in the Database of the Web Site.
Purchasing a PIN gives you access to the Members Area of the Web Site, and such functionality, until this contract is terminated. Termination may result from rude or offensive conduct on your part, or from various other causes (see Article 3). Typically you will only purchase a PIN once.
Tokens purchased are used for VIP Services. These enhance your experience on the Web Site. For example, normally you have 3 Votes to use. You can get additional Votes, for instance to vote for 5 separate people, using Tokens at VIP Services. You may decide to purchase additional Tokens over time, for instance, to place more Votes.
Commit3x stores your First Name, Last Name and City, along with the Commit3x data: PIN, Tokens and VIP Services. Commit3x does not have any other confidential information about Users.
Commit3x LLC limits its liability as much as possible in these Terms of Use. As it is just a fun game, we desire to keep all prices very low by avoiding potential liability, warranty or other issues. The Web Site, and related works, are Copyright by Commit3x LLC.
While this summary is a good overview of the Articles 1-8 in this legally binding document, the Articles below supersede any terms in this summary, and in any case of uncertainty between the summary and the articles, the Articles 1-8 are to be used.
Commit3x restricts sales to people residing in the USA and will not honor sales made outside of the USA. Therefore, no Members Areas of the Web Site are accessible to consumers outside the USA. If a person is under the legal age to make purchases, does not have the support of a parent or guardian, or is otherwise unable to make fiscal decisions, they should not make purchases at Commit3x. Commit3x encourages minors and other young people to obtain the consent of an adult before making purchases. However, Commit3x cannot verify the age of customers or their ability to make fiscal decisions. Commit3x may not honor sales made to people who have previously had their account suspended or have had complaints placed on them. In these cases, if a sale is made that Commit3x will not honor, Commit3x may at its sole discretion refund such purchases.
We make no representation that the Site is appropriate or available in locations other than USA. Accordingly, those persons accessing the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. This Web Site is subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
Users consent to these Terms of Use when they purchase a Commit3x PIN (Personal Identification Number) for a Member Account. The terms may be changed as dictated in this document. Purchasing a PIN involves checking a checkbox labeled ‘I Accept the Terms of Usage’ with a link to these terms of use. Purchasing Tokens similarly indicates and re-affirms consent to these Terms of Use. Any other terms on a purchase order or the like you may provide Commit3x are hereby null and void. Consent to the Terms of Use indicates agreement with the articles included in this document.
A Commit3x PIN for a Member Account is not required to access some areas in the Web Site. However, usage of the Commit3x web site for free is limited and certain commands or features are not available. Commit3x Members may vote for people who do or do not have a Commit3x PIN for a Member Account. Commit3x Members may vote for any false, fake or artificial names they desire as well.
Non-Members cannot vote, cannot post content, cannot use VIP Services and can only Opt Out by special terms noted in Section 3.1.
If a user is engaging in the free portion of the web site, his use of the Web Site does not bind Commit3x to any special requirements. However, Commit3x binds such Non-Members to the Limited Liability clauses of this document. The data that can be accessed in the free portion of the web site includes:
Members Only Area of the Web Site
A Commit3x PIN for a Member Account is required to access and use the Members Only Areas of the Web Site. Commit3x Members may Vote, post their own content (posting is limited to certain areas), use VIP Services and generally enjoy all functionality provided on the Web Site. Members can access all of the Non-Members Areas of the Web Site. Functions and content in the Members Only Area of the Web Site includes:
We may revise this Agreement from time to time. The revisions will apply to all subsequent purchases of Tokens and PINs. When we revise this Agreement, we change the "Last Updated" date below, or at the beginning of the document (the later date is correct if the dates do not match). WE CANNOT EMAIL YOU CHANGES BECAUSE WE DO NOT HAVE YOUR EMAIL ADDRESS. Each time you purchase Tokens or PINs you agree that you will review the terms of this Agreement and that you agree to the revised terms. It is your responsibility to check if the terms of usage have been updated.
Revision of This Document, the Commit3x Web Site Terms of Usage: 9-18-15
Purchasing a PIN allows you access to the Members Area of Web Site and binds you to this agreement.
The PIN (Personal Identification Number) is a number Commit3x generates and gives you when you purchase a PIN from us. You agree to these Terms of Use when making the purchase. The PIN allows access to the Members Area of Web Site and such Members Area functions not publically usable, such as Voting. Knowing your PIN makes you a Commit3x Member, and allows you to access and use your Member Account. People who never had a PIN and people who lose the PIN can purchase a new PIN. Purchasing a PIN consents the customer to the Commit3x terms of use. IF YOU LOSE YOUR PIN YOU WILL BE REQUIRED TO PURCHASE A NEW PIN. COMMIT3X DOES NOT STORE YOUR EMAIL ADDRESS AND CANNOT RESET YOUR PIN THROUGH TECHNICAL SUPPORT OR BY EMAIL. The PIN does not expire, however, refer to Article 3 for termination of this contract.
To keep Commit3x secure, you shall keep your PIN(s) confidential. Access to, and use of Members Area of Web Site are restricted to Members users only. Unauthorized individuals attempting to use any of the Members Area of Web Site may be subject to prosecution. You agree to carefully safeguard all of your PINs. You are solely responsible if you do not maintain the confidentiality of your PINs and account information. Furthermore, you are solely responsible for any and all activity that occurs under your account. You agree that you are solely responsible and liable for all actions taken via your PIN, whether or not made with your knowledge or authority. You agree to guard your PIN carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Web Site for which you will be legally responsible. Commit3x is not liable for any loss incurred by you resulting from another's use of your PIN or account as may be applicable, either with or without your knowledge. However, you may be held liable for losses incurred by Commit3x or another party due to another's use of your PIN and Member Account as may be applicable, either with or without your knowledge. You agree to immediately notify Commit3x of any unauthorized use of your account or any other suspected breach of security known to you, including if you believe that your PIN and/or account information has been stolen or otherwise compromised. You further agree to request a new PIN (‘New PIN’ button in the ‘Edit Profile’ area of the Commit3x tab) if you believe your PIN may have been compromised, to prevent whoever may have your old PIN from being able to gain access. IF SOMEONE ELSE OBTAINS YOUR PIN, THEY CAN LOG INTO YOUR ACCOUNT AND REQUEST A NEW PIN. THIS WOULD LOCK YOU OUT OF YOUR ACCOUNT. YOU MAY BE REQUIRED TO PURCHASE A NEW PIN TO AGAIN OBTAIN ACCESS TO YOUR ACCOUNT. CAREFULLY SAFEGAURD YOUR PIN TO PREVENT THIS FROM HAPPENING.
When you purchase a Commit3x PIN, Commit3x LLC grants you a royalty-free, nonexclusive, non-sublicensable, worldwide, non-transferable, right and license to access and use the Web Site subject to the restrictions set forth in these Terms. However, refer to Article 3 for conditions of the termination of this agreement. The Web Site is owned and operated by Commit3x and provided to you on a temporary basis; Commit3x is not transferring ownership or title of the Web Site to you. Any reproduction, resale or redistribution of the Web Site that is not in accordance with these Terms is expressly prohibited, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
You acknowledge that the Web Site and their related software are proprietary to Commit3x and/or its suppliers and are protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. You may not remove any proprietary notices or labels from any of the Web Site. You may not alter, modify, redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise reduce any of the Web Site to a human-readable form. You may not reproduce, distribute, publish or create any derivative works based on the Web Site, related software and related materials (e.g. Blog Posts, Videos) without expressly being authorized in writing to do so by Commit3x. All rights not expressly granted in these Terms are reserved to Commit3x and its suppliers.
The license granted hereunder entitles you to receive any and all standard updates and support that Commit3x provides to all users of its Web Site, generally. Notwithstanding the previous sentence, Commit3x reserves the right to charge all of its users fees for any future versions of, or premium (i.e., charged for) upgrades to, the Web Site. You understand that Commit3x may update or modify the Web Site and related software at any time, but is under no obligation to inform you of any such updates or modifications. For the avoidance of doubt, unless Commit3x chooses to provide such updates or modifications to all of its users, these Terms do not grant you any right, license or interest in or to any premium support, maintenance, improvements, modifications, enhancements or upgrades to the Services or their related software. To the extent that Commit3x supplies any updates or upgrades to you, they will be deemed to be subject to these Terms, unless Commit3x indicates otherwise.
Commit3x, associated logos, and other names, logos, icons and marks identifying Commit3x's Web Site are trademarks or service marks of Commit3x (collectively the "Trademarks") and may not be used without the prior written permission of Commit3x.
Notwithstanding the foregoing, Commit3x may assign this Agreement, without your prior written consent in connection with a merger, acquisition, change of control or sale of substantially all of its assets (or any substantially similar transaction). Additionally, Commit3x may assign all or any part of the performance of this Agreement to an Affiliate Entity without Your prior written consent. For the purposes of this section, the term "Affiliate Entity" shall mean any entity that now or in the future controls, is controlled by, or is under common control with Commit3x.
PINs are given to the customer to access a Member Account following purchase. The purchase returns the user to the Commit3x Web Site under a secure connection, and the PIN is shown to the user from Commit3x.com immediately when the purchase is made. The user is shown the PIN in text, and given a button that reads ‘Continue- remember PIN xxx’ which reiterates the PIN as delivered. Clicking this button returns the user to the Commit3x Web Site Members Area, logged in. At this point, the PIN will no longer be displayed on-screen, but users can click ‘New PIN’ under the Edit Profile area of the Commit3x tab of the Web Site.
The Member Account may already exist and may already have won Votes. Also, the buyer may have logged into the Member Account previously, but bought a new PIN because the Member forgot the existing PIN. The PIN is stored in the Commit3x Web Site Database, however, Commit3x policy is that the PIN is not available for free (in contrast to how many companies offer free password recovery). If for technical reasons the user does not receive a PIN after making a purchase, e.g. their computer turned off at the moment of purchase, Commit3x can review the Web Site Log and compare it to the Authorize.NET Payment Gateway log to find the discrepancy. In this case Commit3x may award the user free delivery of the PIN. The log uses Computer Network IP Addresses and time stamps to validate the purchase and delivery.
In addition to purchasing PINs (as described in this Article), Members may purchase Tokens (Article 4). In both cases, these payment guidelines apply. All purchases are one-time (non-recurring), final (non-refundable) and the purchased products are delivered online immediately after making payment and pressing ‘Return to Commit3x’ to return to the Web Site from the Payment Gateway Authorize.NET. If Commit3x does not immediately deliver the product purchased (PIN or Token) online after purchase, you must promptly contact technical support to remedy the problem or risk forfeiting the purchase.
Purchases of Products are online allowed by people residing in the USA. Our Products may only be purchased or acquired from us and through means we provide on the Web Site. We reserve the right to refuse your request(s) to purchase and/or acquire our Products for any reason. When purchasing from us, you agree to pay us the applicable charges for your purchase(s), using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. All sales are final. Making Purchases at Commit3x re-affirms your agreement with the current revision of these Terms of Usage.
Payment for PIN(s) and Token(s) is paid by preauthorized credit card charge or direct debit only, processed over the Internet.
Commit3x may offer sales, promotional offers, coupons, or credits from time to time. Sales, promotions and other special discounted pricing offers are temporary and any such discounted pricing offers may expire. Commit3x reserves the right to discontinue or modify any coupons, credits, sales and special promotional offers at its sole discretion. Commit3x reserves the right, in its sole and absolute discretion, to restrict, limit or terminate the use of "free" or "basic" versions of the Services by any individual, entity or group of entities.
Notwithstanding any provision of these Terms or any course of dealing between the parties, you may not cancel, terminate or rescind a PIN or Member Account during its term. Any and all payments by you to Commit3x for access to the Member Area (PINs) or for use with VIP Services (Tokens) are final.
You agree to be responsible for all and to pay any Taxes applicable such as sales, personal property, use, VAT, excise, withholding, or any other taxes that may be imposed, based on this license, or the use or possession of a Member Account, or any software or other product provided under these Terms, excluding any taxes based on net income payable by Commit3x. If you are exempt from paying any sales, use or other taxes, you must provide Commit3x with appropriate evidence of tax exemption for all relevant jurisdictions.
Commit3x does not refund delivered purchases. A PIN is considered delivered if you received the PIN number after making a purchase, even if you fail to record or otherwise note the PIN. As a secure number, the PIN cannot be given out again freely or delivered a second time. Tokens (Article 4) are considered delivered when added to your Token Count in the Commit3x Web Site Database. Refunds will not be given for these products if their delivery can be verified by reviewing the Web Site Database, the Authorize.Net logs, and other such applicable logs or records.
If you are charged for products you did not purchase, or you did not receive the items you purchased, or you were charged an incorrect amount, you may request a correction. If you were charged and did not receive the PIN number, Technical Support may be able to verify the purchase was made and give you your PIN number. Tokens are delivered by being placed in the Web Site Database. If you were charged and did not receive the Tokens (Article 4) Technical Support may be able to verify the purchase and give them to you by adding the Tokens to the Web Site Database. If by technical error you were charged an incorrect amount, you may be entitled to a refund. Such requests for non-delivery of purchases must be made within 96 hours of delivery (or 3 business days, whichever period is longer). The delivery of the product should be instant so if it does not appear to have been delivered, make a Technical Support request immediately to avoid forfeiting the purchase.
The PIN is delivered after pressing ‘Return to Commit3x’ on the Authorize.NET receipt page. The Tokens are visible in the VIP Services Member Area, shown as ‘Tokens Available’. See the User Guide for more detailed information about the way the products are delivered, and screen shots (images). In the event you have further concerns regarding the Web Site or user interface, contact Technical Support by email.
If someone else uses your name or identity (‘identity theft’) to make purchase(s), we will work with you and our payment processors to handle the issue as dictated by our agreements with the processors.
In the event a customer feels fraud was committed (for instance they were a victim of identity theft) and they did not purchase a PIN from Commit3x, they should contact Technical Support and request the Member Account be terminated due to payment fraud. Commit3x can work with you to terminate such accounts that are being ran under your name but by another person, and one of Commit3x’s goals is to make sure only the named person can log into his own account.
You agree to notify us about any billing problems or discrepancies within 30 days after they first appear on your account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your user Member Account if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such even occurs, you shall immediately remit to us payment for such charge through an alternative payment method.
Your name can be removed from Commit3x public visibility by you at your leisure by Opting Out. The various Liability, Warranty, and Non-Refund/Non-Cancellation of Payment clauses will survive the termination of the contract. Commit3x may terminate your account at its sole discretion in the event you post rude or otherwise offensive content, or commit criminal actions. Commit3x may close the Web Site and disperse Commit3x LLC at its discretion, or after two years if it is not profitable.
Members may elect to Opt Out of Commit3x. This removes their name from VIP Services Intel Reports, and from the overall Rankings displays which let people see how many votes they have received. The intention is to allow people who are not happy with their Total Votes to hide the number from others. Other people can still vote for Opted Out members, as well as voting for fictional characters, random words, etc. Opting Out puts the Commit3x account into a special ‘Opted Out’ status and prevents voting, making purchases and other actions. To re-enable the normal account, Opted-Out account holders are required to AGAIN PURCHASE A NEW PIN, EVEN IF THEY KNOW THEIR EXISITING PIN. This is a security mechanism to prevent an intruder from re-activating an Opted Out account. No refunds are provided for Opted Out members. Tokens in Opted Out accounts are not refunded, however, if the Opted Out person purchases a new PIN, the Tokens may still be usable in the account at Commit3x’s sole discretion.
If you are a Member, you may deactivate your account on the Site, at any time and for any reason, by logging in to your account and then by clicking on the "OPT OUT" button under the Commit3x tab with in the Edit Profile area.
Commit3x may terminate your account if you post abusive content, rude, crude, slanderous, adult, or otherwise generally offensive content. At Commit3x users can pick Ballot Messages, Thankyou Messages and Thankyou URLs. If any of this content is deemed offensive, Commit3x will replace the content with a warning message indicating the offensive material policy. If more offensive content is added by the Member, Commit3x will terminate the account without further notice. Commit3x may terminate the account due to complaints by other Members.
COMMIT3X may, in its sole discretion, immediately terminate Your subscription, license and right to use the Service if (i) Your one-time payment is disputed, not received or otherwise not processed, you declare bankruptcy, are involved in any bankruptcy proceedings or are otherwise insolvent; (ii) you breach these Terms; (iii) COMMIT3X is unable to verify or authenticate any information you provide to COMMIT3X ; (iv) twelve months of non-use, or (v) COMMIT3X decides, in its sole discretion, to discontinue offering the Service to its users and closes the Web Site. COMMIT3X shall not be liable to you or any third party for termination of the Service or your use of the Service. Upon expiration or termination for any reason, you shall no longer be authorized to use the Service. When your access to the Service is terminated and/or your Member Account is canceled, you will no longer have access to data and other material that you may have stored in connection with the Service and that material may be deleted by COMMIT3X. All disclaimers, limitations of warranties and damages, and confidential commitments set forth in these Terms or otherwise existing at law shall survive any termination, expiration or rescission of these Terms. If a member account is closed or canceled, remaining Tokens may be rendered null and void.
PINs for Membership Accounts can generally expected to last as long as the Commit3x Web Site is operational and Commit3x LLC is in business. Commit3x does not and does not intend to charge monthly or yearly renewal fees. However, at Commit3x’s discretion, the account may be closed 5 months after purchasing the PIN.
Members are only allowed one account in their actual name and city of residence, and in addition any past account(s) they validly held. See Article 7 for details about legal name changes and/or city of residence changes. You agree to only purchase PIN(s) in your name and city of residence, and to not purchase multiple PINs by ‘tricking’ the system with minor alterations to your name, or using different names or identities, to obtain multiple PINs and Commit3x Member Accounts. Such ‘extra’ accounts may be terminated due to violation of this section of these terms at Commit3x’s sole discretion.
You are solely responsible for the content of your computer(s) and your Commit3x Member Account and any transmissions made when using the Web Site. Your use of the Web Site is subject to the Terms set forth herein and all applicable laws, rules and regulations, including local, state, national and international laws, rules and regulations (including without limitation those governing privacy, account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising).
When using the Web Site you hereby agree:
You shall not access or use someone else's Commit3x account at any time. You agree to not allow others to access your Commit3x account. Commit3x reserves the right to disable your account or take any other action that Commit3x in its sole discretion deems necessary or appropriate in the event that Commit3x has reason to believe that your conduct while using the Web Site has violated the terms of this section. Commit3x Internet Access Logs may constitute evidence showing violation of these terms.
Commit3x LLC may terminate this agreement with all Members in the event that the Commit3x LLC is dissolved and shut down the Web Site. Commit3x is a startup business and after two years (on the datre 10-1-2017) if the business is not profitable the business may be liquidated, closing all member accounts and removing all PINs and Tokens from existing members. IN THIS CASE THE WEB SITE WILL BE SHUT DOWN, ALL SERVICES WILL BE STOPPED, ALL TOKENS FORFIET, AND ALL PINS WILL BECOME INEFFECTIVE. Commit3x LLC will attempt to place warnings on the Web Site and disable the purchasing of new PINs (to prevent new members from joining) 2 months before closing if the business is dissolved.
VIP Services provides additional charged extra features and functionality to the Web Site for Member Accounts. They are optional extras Members may elect to use. To use these services, the Member must first purchase Tokens.
The PIN is required to access the Members Area of the Web Site. Tokens can only be purchased by Members that have PINs and can reach the Members Area of the Web Site, where they are offered for purchase (VIP Services->FUND). Tokens purchased by Non-Members will not be honored. The number of Tokens purchased is stored in the Web Site Database for each Member Account.
The Tokens themselves are used on the Commit3x Web Site in the VIP Services area. They are used to obtain various special features. As these special features are selected by the user, the database number of Tokens is lowered. As a general limit, the total Tokens of any person at any time should be kept less than 75 Tokens. The Tokens do not expire, however, refer to Article 3 for termination of this contract. Notwithstanding the last sentence, Commit3x may at its sole discretion remove Tokens more than two years old as expired and unusable. Once purchased, Tokens cannot be returned or refunded and have no monetary or currency value. Tokens are solely usable to obtain VIP Services on the Web Site.
See Section 2.4 for important terms related to making purchases from Commit3x, these terms apply to purchasing Tokens as well as PINs. Purchasing Tokens re-affirms consent to these Terms of Use, which you already agreed to when buying the PIN to obtain access to the Members Only Areas of the Web Site.
During the term of your PIN license, you have the right to use your Tokens for VIP Services you select, by using your PIN to enter the Members Area of the Web Site, and using the VIP Services area within the Web Site. We neither guarantee the availability of particular items of VIP Services nor that particular items of VIP Services will be offered for any particular time; we may change and update our inventory of VIP Services without notice to you. As set forth in Article 6 of our Terms of Use, the Web Site is provided "as is."
As you use Tokens, Commit3x maintains records of your Token Count, and which VIP Services you have selected. An example way to use Tokens would be to get additional Votes, which you could then use to place more votes for more people.
If there are any technical or other issues with the use of the Tokens or the VIP Services in general, they are considered ‘bugs’ or ‘software glitches’ and should be dealt with by Commit3x Technical Support at Commit3x’s sole discretion. Contact support promptly in such cases. In no case will a monetary refund be provided, but Commit3x may at its sole discretion provide additional Tokens to the Member Account or otherwise rectify the situation. See Article 6 for details about Commit3x’s responsibilities in cases of ‘bugs’ or ‘software glitches’.
Any correction or refund request of Token Usage, e.g. due to accidently Using Tokens to obtain more Votes, must be received within the longer of 96 hours or 3 business days from the time of purchase in order for refunds to be issued. Refund requests past 96 hours from time of Token Use will not be honored. The request must be sent to Commit3x technical support, and at Commit3x’s sole discretion may be processed by undoing the Token Use (e.g. removing extra Votes and re-establishing Tokens to the Member Account).
The lifespan of your Tokens starts when you acquire them, subject to this Agreement, may expire twelve months from the date of purchase. Tokens may expire the day that your access to the Web Site or your account is cancelled, suspended or terminated as set given in Article 3. Upon expiration, Commit3x have the right to cancel any or all remaining Tokens at our sole discretion. As a general policy Commit3x does not remove Tokens from Member Accounts.
Once Tokens are used for VIP Services such VIP Services are not returnable, exchangeable, or refundable for Tokens, other VIP Services or any other virtual currency, or for cash or other goods or services (but see the Correction/Refund paragraph in the previous section). If you use Tokens to obtain a feature or extra that does not work, your only remedy is to receive a refund of your purchase price in Tokens.
Tokens have no monetary value and does not constitute currency or property of any type. As such may be used for VIP Services only, and cannot be sold or transferred, or exchanged for "real world" money, cash or for any other goods or services. We may cancel any Tokens transferred, assigned, or sold in violation of this Agreement.
The various VIP Services which are obtained using Tokens have specific conditions of use and durability or duration of effect that may change from time to time. For instance, purchased Votes stay with the Member Account maintaining their beneficial functionality until the Member Account is terminated. In contrast, the ‘Make the Ballot 50 Times’ feature will lose its effect after your name has appeared on 50 Ballots. You will not receive any refund, replacement or set-off for any items, or portions of items, remaining beyond this license term.
Commit3x generally does not store confidential information. By using payment gateway Authorize.Net, we avoid seeing the USPS addresses, credit card numbers, and other confidential user data.
However, Commit3x does store the Full Name and City of all Members. To remove this information from public view, you may Opt Out of your Commit3x account. This will remove your name from all searches and rankings. Commit3x does not use cookies and does not store user confidential information (exception: Commit3x specific data such as PINs).
Commit3x uses encryption to interface with Payment Gateway Authorize.NET. Authorize.NET uses encryption to protect your data. The Commit3x Web Site uses HTTPS encryption to provide a basic level of security and trust, and to keep your PIN secure. The Commit3x Web Site Database may be encrypted at Commit3x’s sole discretion.
Commit3x does not directly see your credit card information and only passes your Full Name and City to and from the credit card gateway. The credit card gateway does not forward the credit card number to Commit3x after payment is made. Commit3x never collects a full postal address, a phone number, or an email for its user accounts.
If users make Technical Support requests, the communication methods and data may be kept to service the request and for future reference and training purposes by the support staff. Specific issues, questions or concerns may be placed into the Web Site under a ‘FAQ’ (Frequently Asked Questions) section or within the Commit3x User Guide.
When people win Votes at the Web Site, which is when a Member votes for a person, a record is created indicating that person’s Total Votes and saved in the Web Site Database. The record has the Full Name and City of the person. Commit3x does not guarantee this information to be private. To remove this information from public view, the Vote Winner may Opt Out (section 3.2).
Commit3x stores the Full Name and City of Members. Commit3x also stores Commit3x specific data for each Member: the Member’s PIN, the number of Tokens available and any VIP Services the Member has obtained using Tokens. Commit3x does not guarantee this information to be private. Commit3x attempts to keep all PINs secure, but cannot be held liable if unforeseeable circumstances cause this information to become public.
Additional data entered by the Member into the Web Site, including but not limited to Votes placed, the Ballot Message and Thankyou Message, are considered publically available data and may be accessed by other people at the Commit3x web site during their normal usage.
Logging Web Site Access is maintained by Commit3x. This is required for Commit3x LLC to prove purchases have been delivered online. It also protects Commit3x and the purchaser from various technical or legal issues. Finally, it allows detection of malicious use of the Web Site, or non-compliance with these Terms of Use.
Data logged includes customer Internet Computer IP Addresses, timestamps, access dates and times to the Web Site, and security details about the Internet Sessions created. This information includes specifics about PIN delivery to customers, the number of Tokens a customer available, and which (if any) Tokens have been used for VIP Services. Additionally Authorize.NET maintains log of Purchases as reported to Commit3x, and Commit3x duplicates this log as purchases are made.
Authorize.NET performs logging of purchases made, accepted and denied. This logging can be used by Commit3x to independently verify the purchase if technical or other reasons make the reporting of purchases to Commit3x from Authorize.NET fail.
Commit3x does not use cookies, and Commit3x does not save data on the user’s local computer that is retained after the Web Site is exited.
Commit3x does not have newsletters, external ads, marketing, or other ‘spam’ content. Commit3x does not send emails to customers (exception: support requests made by customers) and does not collect customer email addresses. Commit3x does not sell advertising to external advertisers.
Commit3x Web Site content should not appear on external Web Sites and we may take steps to prevent our content from appearing on other Web Sites. Exception: we may offer various social media tools to provide Members mechanisms to post their Votes Won on other Web Sites.
Members should notify Commit3x if unauthorized Commit3x content appears on other Web Sites.
Commit3x shall have a royalty-free, worldwide, perpetual license to use or incorporate into the Web Site any suggestions, ideas, enhancement requests, recommendations or other information provided by you relating to the Web Site ("Feedback"). We encourage such feedback but cannot offer monetary reimbursement or payment for it.
Commit3x support requests by users shall be considered public knowledge and the perpetual property of Commit3x. They may be used for training, building guides for online consumption, and other purposes. As such, if you receive a PIN by support request, you agree it is temporary and you must quickly obtain a New PIN as instructed by the request. All support requests are provided by unencrypted emailed messages and are publically visible. The communication method used to contact Support is considered public data.
In providing an online entertainment (game) Web Site with minimal fees, Commit3x generally does not provide any Warranties and limits its own Liability to the allowable legal extent. The Web Site and related material (this document, blog posts, videos and so forth as created under accounts named Commit3x or Brandon Crosby related to Commit3x) are under Copyright of Commit3x and are provided “as is” with no guarantee of reliability or performance. Notwithstanding, Commit3x Support will work with Member(s) to resolve bugs or other problems with the Web Site or its functions.
The Web Site is provided with the plan of perfect availability and functionality. However, Commit3x shall not be liable in any way if technical or other problems cause the Web Site to fail. No refunds shall be provided for temporary failures. A permanent failure may lead to the dissolution of Commit3x LLC and the termination of this contract. Again no refunds would be provided.
In cases of payment dispute due to technical issues, Commit3x technical support may assist customers by providing them additional PINs or Tokens. This would be done at Commit3x’s sole discretion by Commit3x reviewing the Web Site Database and the Authorize.NET payment logs.
Commit3x will make every effort to address Technical Issues and Software Bugs in a timely manner once made aware of such issues through Technical Support. However, the Web Site is not being provided as being fault-free or “always working”. From time to time the Web Site may experience technical issues and may be unusable due to these issues. Commit3x and its suppliers specifically disclaim any express or implied warranty the web site will be bug free or working during such technical issues. Additionally, software problems (bugs) will be fixed by Commit3x at a time Commit3x deems reasonable.Commit3x provides no warranties, expressed or implied, arising by law, custom, prior oral or written statements, or otherwise and is not liable for any losses caused by the Web Site, its Members, or related materials. The Web Site is provided “as is”, with no guarantee of availability or access, and it may fail from time to time (‘bugs’ or ‘outages’). The web site may be altered at Commit3x’s discretion. Commit3x is not responsible for inaccuracies or errors in the information provided, the votes listed, the Rankings, any of the reports given, or the vote totals. Commit3x is not required to work with people who have technical concerns, similar names as others, have changed names, have moved, etc., although Commit3x typically will.
Commit3x is not liable for any false or incorrect information contained on the web site. We may rectify errors if reported to Technical Support at our sole discretion. Commit3x is not liable for any account breaches or incorrect user data, Voting, misidentification, or wrongly representing people or their Votes. Commit3x is not liable for content posted by members, including but not limited to Names entered, Ballot Messages, and/or Thankyou Messages and Thankyou Links.
While Commit3x does not allow software or data downloads, Commit3x is not liable for any such downloads that may occur. For instance, if the Web Site is ‘hacked’ with a ‘virus’, Commit3x LLC will promptly fix the Web Site, but Commit3x is not liable for any damages caused by such software or downloads. Equally Commit3x is not liable if the content of the Web Site is altered by entities or persons other than Commit3x.
You expressly agree to use the Web Site at your own risk. Commit3x LLC shall not be held responsible for any special, consequential, incidental, indirect, punitive, compensatory or other damages including, without limitation, loss of profits or revenues, replacement of products or services, or loss or damage of data, even if Commit3x or its suppliers have been advised of the possibility of such damages. In no event shall Commit3x’s liability exceed the amount of money paid to Commit3x during the 12 months before the claim arose. If the applicable law limits the exclusion of implies warranties or the above limitations of liability, the maximum amount of exclusions under the applicable law shall be applied. You agree not to assert any claim of damages against Commit3x LLC, is subsidiaries, suppliers, or their respective officers, directors or employees.
Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.
Commit3x is not responsible for emotional or psychological damage caused to people on the basis of negative feedback, name calling, low scores or Vote Totals, or other elements found on the Web Site. We will work with Members to remove inflammatory or derogatory content as given in Article 3.
As noted in section 6.1 and 6.2, Commit3x is not liable for damages caused by the Web Site nor bugs or outages of availability of the Web Site, even for Commit3x Members. However, Commit3x will place special attention and give additional effort and timeliness to any specific bugs, feature requests, or other concerns of Commit3x Members with higher priority than those of Non-Members.
Commit3x cannot be held accountable for Commit3x Web Site specific data breaches, such as if Member PINs are exposed publically. Commit3x makes reasonable attempts to keep Member PINs secure, and their security is important to the Commit3x LLC business model. However, we cannot be held accountable if unforeseen or unique circumstances, such as hacking, spying cause our PINs to be released. In such a case, we cannot give refunds or otherwise recompense individuals. Commit3x works to avoid this circumstance by all reasonable methods as it would result in a potentially dispersing Commit3x LLC due to loss of market share, profit, and user trust.
Commit3x Members may place various content, such as Ballot Messages and Thankyou URLs, onto the Commit3x Web Site. Commit3x requires this content to be generally acceptable and not considered rude, crude, indecent, mature (adult/pornographic) or otherwise offensive language and references. Such Member Actions may be reported to Commit3x and handled as Commit3x solely deems fit (see section 3.2, such actions may be grounds for termination of the Member’s account). Notwithstanding, Commit3x shall not be held responsible for any such content or damages caused by such content.
External links – the Thankyou URL is an external Web Site link that a Commit3x Member posted. Commit3x takes no responsibility for any privacy policies or practices of any third-parties’ web sites accessible from the website. Members are allowed to save and post links on Commit3x. However, Commit3x does not take responsibility for these links. Commit3x may remove specific links based on user requests as Commit3x solely deems fit (see section 3.2, such actions may be grounds for termination of the Member’s account). Notwithstanding, Commit3x shall not be held responsible for any such content or damages caused by such content.
Commit3x shall not be held responsible for lost PINs. If PINs are stolen or ‘lost’, or ‘hacked’, Commit3x shall not be held responsible for whatever actions may be placed by the person wrongly having the PIN. The privacy of PINs is the responsibility of the Member that purchased the PIN. For example, if a person steals a PIN and uses Tokens to buy Votes, Commit3x shall not be required to take any action and shall not be liable for any damages or consequences.
As noted on the Web Site www.Commit3x.com, all art, photos, articles, text, scripting, code, content on this Web Site, and created for this Web Site, including those hosted on other platforms (e.g. YouTube, Facebook) are included within the Web Site’s copyright © 9-17-15 Commit3x LLC.
Commit3x uses your First Name, Last Name and City solely to identify you.
Commit3x does some basic handling of issues related to naming, but in general does not warranty that the following special cases will be resolved:
Commit3x LLC may elect to handle some of these cases in the future. If you can prove you are affected by these, you may be entitled to a refund. However, review the sections below for more information, and Commit3x LLC reserves the right to programmatically handle such issues and/or enhance the Web Site for your specific case instead of providing a refund.
Commit3x handles typical life changes, such as the following, using the Merge Account feature:
In these cases, you are required to buy a PIN for each Name/City combination, and using both PINs you may activate the ‘Merge Accounts’ function under the Commit3x ‘Edit Profile’ area. This function will give you benefits. It combines the Total Votes of each account (or PIN) and displays them twice, making you have more Votes and increasing your score/rank. Also, people can search for you using either Name/City combination, making you easier to vote for.
The Commit3x Edit Profile area has a command that allows free changing (without charge) of your name, but only alterations that do not substantially alter the name. This is provided allow you to correct capitalization or other minor errors. Specifically, if you had received votes before you purchased a PIN, another person would have entered your name into the system originally.
You agree not to make multiple accounts using minor alterations or ‘tricks’ to your name, for instance, by adding spaces (black space characters) or using nicknames of fake names. Commit3x reserves the right to delete or cancel any such ‘trick’ accounts which do not represent a real person, but are merely additional accounts made by a single person, without refund.
This article contains various terms protecting each party from various unseen events, and sections that do not fit under Articles.
No party shall be liable for any performance failure, delay in performance, or lost data under these Terms (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by: (i) failures of software or other computer programming (other than the Service purchased hereunder); (ii) natural weather events; or (iii) any other causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers; provided that in any such event, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon.
These Terms shall be governed by and construed in accordance with the laws of the Minnesota and the laws of the United States, without giving effect to any principles of conflict of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Minnesota, and You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The parties specifically disclaim applicability of (i) the United Nations Convention on the Sale of Goods and (ii) any Incoterms.
If any of the provisions of these Terms shall be unlawful, void, contradict another provision of these Terms, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Commit3x shall have the right to identify you as a user of the Web Site, and your Name may appear on the Web Site is Members place Votes for you, or if you purchase a PIN and become a Member. To remove yourself from such publication, see section 4.1.
You agree not to bring or participate in any class action lawsuit against Commit3x or any of its employees or affiliates. You agree not to bring a claim under these Terms more than two years after the expiration of these Terms. The failure of Commit3x to partially or fully exercise any right shall not prevent the subsequent exercise of such right. The waiver by Commit3x of any breach shall not be deemed a waiver of any subsequent breach of the same or any other term of these Terms. No remedy made available to Commit3x by any of the provisions of these Terms is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and in addition to every other remedy available at law or in equity.
You agree to indemnify, defend and hold the Web Site, Commit3x LLC, and any of its affiliates, or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or public posting of your Postings.
In any action of proceeding commenced to enforce any right or obligation of the parties of this agreement, your use of the Web Site or with respect to the subject matter hereof, you hereby waive any right you may now have or hereafter possess to a trial by jury.
The Commit3x Internet Web Site is managed by Commit3x LLC. It is registered as a LLC in Minnesota. Commit3x.com is the registered domain name (DNS name) of the web site, www.Commit3x.com. The company and Web Site are created and owned wholly by Brandon Crosby. Contact by US Postal mail with any copyright infringement or other legal requests or notices. Web Site is © 4-25-2015, Brandon Crosby, Commit3x LLCCommit3x is reachable at 45923 Jefferson Lake Drive, Cleveland, MN 56017.
All disclaimers, limitations of warranties and damages, and confidential commitments set forth in these terms or otherwise existing at law are the essence of the agreement of the parties, and survive any termination, expiration or rescission of these Terms of Use.
This Agreement, together with any Additional Terms, Rules, our Privacy Policy and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and us and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site. This Agreement cannot be changed or terminated orally. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).