Date of Last Modification: March 9, 2016
Welcome to PaymentPop.com!
We reserve the right to refuse to provide our products or services to anyone at any time. We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice. You agree that we will not be liable to you or any third party for taking any of the following actions: a) Refuse, move, or remove any material or content that is available on the Website or you submit to the Website; b) Change, suspend, or discontinue all or any part of the Website; c) Restrict, suspend, or terminate your access to all or any part of Website; d) Deactivate or delete your accounts and all related information and files; and/or e) Establish general practices and limits concerning use of the Website.
DISAGREEMENT WITH THIS AGREEMENT
USE BY PERSONS UNDER THE AGE OF THIRTEEN
THIS WEBSITE IS NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF THIRTEEN. INDIVIDUALS WHO ARE UNDER THE AGE OF THIRTEEN ARE EXPRESSLY PROHIBITED FROM POSTING ANY PERSONALLY IDENTIFIABLE INFORMATION ABOUT THEMSELVES.
In some cases, we may collect a referral fee or commission on traffic, visits, leads, and/or sales sent to other websites and businesses. In no way do such agreements influence our objectivity, either positively or negatively. PaymentPop.com is not owned by, a subsidiary of, or partnered with any companies for the sole or implied purposes of marketing or promoting such companies. We only collect fees when visitors, on their own will, decide to visit, contact, or do business with a provider for which we have a compensation agreement.
You are communicating with PaymentPop electronically when you visit the Website or send e-mails to PaymentPop. PaymentPop will communicate with you by e-mail or by posting notices on the Website. You hereby acknowledge and consent to receive communications from PaymentPop electronically. You agree that all agreements, notices, disclosures and other communications that PaymentPop provides to you electronically satisfy any legal requirement that such communications be in writing.
LICENSES AND WEBSITE ACCESS AND RESTRICTIONS
PaymentPop grants you a limited, non-exclusive license to access and use the Website. Other than page caching you are prohibited from downloading or modifying the Website, or any portion of it, except with the express written consent of PaymentPop. This license does not include and strictly forbids: any resale or commercial use of the Website or its contents; any collection and use for commercial purposes of any PaymentPop content, including without limitation, reviews, recommendations, tips, news stories, descriptions, and comments; any derivative use of the Website or its contents; or data mining, use of robots, or similar data gathering and extraction tools. The Website, including its operation, interface and contents, are covered by United States laws, including without limitation, copyright laws and by international laws and treaties. The Website or any portion it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PaymentPop. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information including images, text, page layout, or form of PaymentPop.com without express written consent of PaymentPop. You may not use any meta tags or any other “hidden text” utilizing PaymentPop’s name or trademarks without the express written consent of PaymentPop. Any unauthorized use terminates the permission or license granted by PaymentPop. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to certain pages of the Website so long as the link does not portray PaymentPop, its content, reviews, news stories, recommendations, user comments, or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any PaymentPop logo, best, runner-up, or top pick seal graphics, or other proprietary graphic or trademark as part of the link without express written permission of PaymentPop.
PaymentPop does not guarantee continuous, uninterrupted or secure access to its services or the Website.
COPYRIGHTS AND TRADEMARKS
All content, graphics, format, design, text, the user interface and other copyrighted material on the Website (collectively, “Copyrighted Content”) are protected by copyright law and other intellectual property laws, and are owned by PaymentPop and/or its licensors (as the case may be). The Copyrighted Content from the Website are only available for informational and non-commercial offline use, provided that: the Copyrighted Content are not modified in any way; all copyright and other proprietary notices and markings are retained and reproduced in their entirety on any copy made from any material on the Website; and PaymentPop has, in its sole discretion, given its prior written approval to such use of the Website’s Copyrighted Content. Any requests to re-use the Website’s Copyrighted Content should be sent to: [email protected]
PaymentPop and PaymentPop.com are registered or unregistered trademarks or service marks of PaymentPop, and the PaymentPop.com logo are trademarks of PaymentPop. Other PaymentPop.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress, as the case may be, of PaymentPop. PaymentPop’s trademarks and trade dress may not be used by you in connection with any product or service that is not PaymentPop’s, in any manner that is likely to cause confusion among users or viewers, or in any manner that disparages or discredits PaymentPop. Any other product names, marks, symbols, trade names, company names and/or logos which appear within the Website are the property of their respective owners and appear through the courtesy of, and/or a license from, such owners or their respective licensees. Such marks, in addition to the PaymentPop trademarks, are protected by US law, including without limitation laws on trademark and unfair competition, and may also be protected by the laws in other countries.
The Website contains content, graphics, pictures, format, design, text, and other material (collectively “Content”) that PaymentPop creates as well as Content created or provided by third parties including without limitation, partners, affiliates, consultants, contributors, and users of the Website. The Website provides a number of different services and Content to make you aware of products and services that may be suitable for your application or use. The Content include, among other things, PaymentPop credit card processor/merchant service provider reviews, recommendations, industry news, and opinions about products, services and other matters. The Content also includes information about products and services that is provided by third parties, such as user comments. PaymentPop does not warrant that editorial commentary, recommendations, opinions, views, product descriptions, pricing or any other content and Content of the Website, regardless of its source (including but not limited to PaymentPop itself), is accurate, complete, reliable, current, is of a particular quality or is error-free. Content is provided for informational purposes only and does not constitute an endorsement by PaymentPop without limitation of any product, service, retailers and service providers, or any reviews or comments thereof regardless of the source of such review or comment. You understand and acknowledge that the Content, including opinions, recommendations, tips, ratings, are highly subjective and may not represent the best product or service for you, or for your intended application.
PaymentPop is not paid for inclusion of any products or services into a review or to influence a review either positively or negatively. However, PaymentPop is paid by advertisers, partners, retailers and service providers and/or other third parties for listing products and services on the Website, displaying advertising or for referring users to other sites. PaymentPop does not sell, resell or license any of the products or services listed on the Website, nor is PaymentPop acting as an agent of sale for such third parties. Any questions, complaints or claims related to any product should be directed to the appropriate manufacturers, retailers, and service providers, as applicable.
By contributing or submitting any Content (defined above) to the Website whether as an contributor, user or in any other capacity, you represent and warrant that you are the author and owner of the intellectual property rights in and to the Material or have the appropriate license or sublicense rights from the applicable rights holder. You agree and acknowledge that your contributions and any Content you submit are considered “work for hire”. You hereby grant PaymentPop a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to: use, copy, modify, delete, adapt, display, publish, translate, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology. Further, you also grant the right to PaymentPop to sublicense any and all of the foregoing rights to third parties, in all cases (unless agreed to by PaymentPop in writing), without compensation to you. In addition, you represent and warrant that, to the maximum extent permitted by applicable law, all “moral rights” that you may have in Content worldwide are hereby voluntarily waived by you. None of the Content shall be subject to any obligation of confidence on the part of PaymentPop, its agents, subsidiaries, affiliates, Licensors, or other partners and their respective directors, officers, employees, agents and representatives. PaymentPop reserves the right, in its sole discretion, to change or delete any Content on the Website that PaymentPop deems, in its sole discretion, to violate the content guidelines or any other provision of the Agreement.
You also agree that you are solely responsible for all content and Content, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on the Website or elsewhere. You understand and agree that you may be held liable for any illegal or prohibited Content that you provide to the Website or to others, including, by way of example only, infringing, defamatory, or offensive Content.
You may not, and hereby represent and warrant that you will not, post, transmit, e-mail or otherwise make accessible on or through the Website any Content that: a. Violates any law, statute, ordinance or regulation in any applicable jurisdictions (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising and privacy); b. Is or may reasonably be considered to be unlawful, harmful, threatening, abusive, disparaging, tortious, defamatory, libelous, invasive of another’s privacy, obscene, pedophilic, pornographic, hateful, malicious, racially or religiously biased or offensive (including the use of swear words), unlawfully threatening or unlawfully harassing to any individual, organization or entity; c. Contains hate propaganda or promotes discrimination or violence against any person or group on account of their religion, gender, age, race, national origin, disability, sexual orientation, or any other criteria; d. Is or could reasonably be harmful to minors; e. Harasses or advocates harassment of another person or entity; f. Is not original, previously published in any form, medium or language, and not authored solely by you, unless you possess the requisite rights; g. Infringes any patent, copyright, trademark, service mark, trade secret, or rights of publicity or privacy or other proprietary right of any other party, including without limitation, PaymentPop; h. Is or promotes an illegal or unauthorized copy of another party’s work such as links to pirated or unauthorized products; i. Is not provided in good faith or knowingly or unknowingly promotes information that is false, misleading or inaccurate; j. Seeks to obtain a commercial advantage for which you were directly or indirectly compensated or granted any consideration (including but not limited to cash, gratuities, gifts of products or services, or anything else of value) by any third party, or facilitates or promotes other commercial activities including without limitation, contests, sweepstakes, barter, or advertising; k. Generated by you while there is a potential conflict of interest or financial interest on your part (including but not limited to any such relationship with or interest in a producer, distributor or seller of a product or service discussed in the content or Materials, or one of its competitors); l. Is or promotes illegal activities or conduct, including but not limited to chain letters, pyramid schemes, or encouraging others to engage in these activities; m. Includes any information that references other web sites, contact information (e.g. addresses, e-mail addresses, phone numbers) or other personal information such as credit card numbers; n. Contains restricted password only access pages, or hidden pages or images including but not limited to those not linked to or from another accessible page; o. Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming” or contains a software virus or any other code files or programs that are designed to or have the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment whether owned by PaymentPop or any other party; p. Provides instructional information about illegal activities such as making or buying illegal weapons, or providing or creating computer viruses; or q. Solicits personal information from anyone under 18, or solicits passwords, or personal identifying information for commercial or unlawful purposes from other users.
In contributing or submitting any Content to the Website whether as an user, commenter, contributor, user or any other entity, you agree not to use a false or misleading e-mail address, impersonate any person or entity (including a PaymentPop officer or employee), falsely misrepresent your affiliation with any other person or entity, or otherwise provide any misleading information as to, or disguise (through forge headers, manipulated identifiers or any other method) the origin of any Content that you submit. You agree that: a) you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the ordinary flow and proper operation of the Website, our servers or any activity being conducted through the Website or servers; b) you will not take any action that imposes an unreasonable or disproportionately large load on PaymentPop’s computer systems or communications infrastructure; c) you will not collect or harvest from the Website the names of other users, contributors, PaymentPop employees or contributors for the purpose of transmitting to those other users or contributors unsolicited commercial messages; d) you will not use any software robot, spider, other automatic device or manual process to monitor or copy Website pages or the Content contained therein without PaymentPop’s prior written consent; e) you will not download any file that you know or reasonably should know cannot be legally obtained in such manner; f) you will not, and will not authorize or encourage any third party, to directly or indirectly generate page views, impressions of or clicks to any of the Content you submit to the Website or is published on the Website through any automated, fraudulent, deceptive, or other illegitimate means including but not limited to use of robots, paid to surf services, repeated manual clicks, and other similar practices, g) you will not use deceptive, fraudulent or unethical practices in promoting the Content you submitted to the Website across the web and you will at all times comply with all applicable international, federal and local laws as well terms of service or use of any site where you promote your Content (if any) and h) you shall refrain from activities that are illegal, unethical or which might bring PaymentPop and its affiliates into disrepute, or which might constitute or represent a serious conflict of interest, or which might give the appearance of impropriety.
PaymentPop does not support, endorse or tolerate any of the foregoing actions, user behavior, or undesired content or Content. If you discover this kind of content or activity on the Website or from a contributor, please notify us immediately at [email protected] A reported violation may at the sole discretion of PaymentPop result in removal of some or all of the Content submitted by the offender from the Website, removal of the offender as an user or contributor to the Website and/or barring the offender from any future contributions to the Website. As a part of this process, PaymentPop at its sole discretion may open a content review inquiry. During the content review inquiry, PaymentPop may, in its sole discretion, remove the contested content, and/or require additional data or proof from the content provider to determine whether the content should remain or be reinstated on the Website. Failure of the content provider to participate in the content review inquiry may result in the removal of the contested content from the Website. Upon becoming aware of any content that violates the above requirements, PaymentPop will at its sole discretion omit content that it determines on the face of the review (only) violates any requirements in this Agreement. PaymentPop will not itself edit or modify the contents; it will only remove the offensive content in whole.
The following additional terms apply to any person or entity that submits any Content to the Website:
I. Delivery and Revision of Material. You will deliver the Content and any later additions or revisions to your Content electronically in a format provided by PaymentPop on the Website. You acknowledge that the Content delivery methods will change from time to time at the sole discretion of PaymentPop. PaymentPop will provide any updates or revisions to acceptable delivery methods in this Agreement. You agree to rewrite or make any changes to your Content that we request and that are of a reasonable nature before or after it is published or posted. We also have the right to revise, adapt and edit your Content at any time in our sole editorial discretion. You agree to cooperate with us in a reasonable fashion in any review or modification of the Content to ensure among other things compliance with the Agreement; II. Rejection of Content or other contibutors. We may at any time with or without any reason reject any Contributor or Content that, in our sole judgment, fails to meet our standards (including but not limited to the cases where the Content or the Contributor were previously deemed to have been acceptable), or conform to the Agreement. We also reserve the right, at our sole discretion and without notice, to change at any time our standards, methodology, and acceptability criteria regarding Contributors and Content, without having to share with you the details of any of the foregoing; III. Competing Web Sites and Publications. You agree that Content that you submit to PaymentPop are the sole property of PaymentPop and may not be used except in connection with your work on PaymentPop. Unless we agree otherwise in writing, you agree that you will not write or permit publication or posting of Content developed for PaymentPop on any other web site or publication that competes with PaymentPop.
You should also note your obligations to indemnify PaymentPop (among others) for the Materials you submit as set forth in the INDEMNITY section below.
IF YOU SUBMIT ANY CONTENT TO THE WEBSITE, YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY MATERIALS, INFORMATION OR CONTENT TO US IS AT YOUR OWN RISK. PAYMENTPOP DOES NOT ASSUME ANY LIABILITY TO YOU OR ANYONE ELSE WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH CONTENT OR INFORMATION IN ANY WAY.
THIRD PARTY BUSINESSES, SERVICES AND SITES
PaymentPop contains links to the sites of third-party content providers, partners, blogs, retailers, service providers, affiliated companies, comparison shopping partners, and other parties. Your use of each of the third party sites is subject to the terms and conditions, if any, that each of those sites has posted. PaymentPop has no control over web sites that it does not own or control, and we are not responsible for any content thereon. The links are provided solely as a convenience to you, and do not constitute an endorsement by PaymentPop of the content of such third-party sites nor of the business practices of those operating such web sites. PaymentPop is not responsible or liable in any way, for any content, products or services contained on or accessible through such web sites or the business practices of people and entities controlling, or connected directly or indirectly, with such web sites.
IN THE EVENT OF A DISPUTE BETWEEN YOU AND A CONTENT PROVIDER, USER, COMMENTER, RETAILER OR SERVICE PROVIDER OTHER THAN PAYMENTPOP, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE PAYMENTPOP, ITS SUBSIDIARIES, AFFILIATES, PARTNERS OR OTHER THIRD PARTIES UNDER CONTRACT WITH PAYMENTPOP, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND AND NATURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
If you are a California resident, by using the Website, you explicitly waive the rights granted to you under California Civil Code 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE WEBSITE IS PROVIDED BY PAYMENTPOP ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PAYMENTPOP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE WEBSITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS, INTEGRITY, SECURITY, TIMELINESS, OR THAT THE WEBSITE OR ANY CONTENT, SEARCH OR LINK THEREIN WILL PROVIDE SPECIFIC RESULTS. IN ADDITION, THIRD PARTIES INCLUDING BUT NOT LIMITED TO USERS, COMMENTERS AND PARTNERS PROVIDE SUBSTANTIAL CONTENT AND MATERIALS ON THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAYMENTPOP SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIALS, CONTENT OR SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE OR ANY DECISION OR TRANSACTION RESULTING THEREFROM IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PAYMENTPOP OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND UNLESS EXPRESSLY STATED IN THE TERMS. DATA AND INFORMATION RELATING TO SECURITIES (IF ANY) OR OTHERWISE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED FOR TRADING PURPOSES. NEITHER PAYMENTPOP NOR ANY OF ITS DATA OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY ERRORS OR DELAYS IN THE CONTENT, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON. PAYMENTPOP DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR THE SERVICES. OPERATION OF THE WEBSITE MAY BE INTERFERED BY NUMEROUS FACTORS BOTH OUTSIDE AND WITHIN PAYMENTPOP’S CONTROL.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PAYMENTPOP, ON BEHALF OF ITSELF, ITS OFFICERS, DIRECTORS AND EMPLOYEES, AFFILIATES AND ITS AND THEIR SUCCESSORS AND ASSIGNS AND ITS AND THEIR THRID PARTY CONTENT PROVIDERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THE WEBSITE OR ANY MATERIAL THEREON. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAYMENTPOP ON BEHALF OF ITSELF, ITS OFFICERS, DIRECTORS AND EMPLOYEES, ITS AFFILIATES AND ITS AND THEIR SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR EXEMPLARY (EVEN IF ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES. PAYMENTPOP’S AGGREGATE LIABILITY TO YOU HEREUNDER (WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE AND NOTWITHSTANDING ANY FAULT, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OF PAYMENTPOP UNDER THIS AGREEMENT SHALL NOT EXCEED $1000.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PAYMENTPOP MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES RATED, RECOMMENDED OR REVIEWED ON THE WEBSITE OR BOUGHT AND/OR SOLD USING THE WEBSITE, OR THAT USERS, COMMENTERS, RETAILERS AND SERVICE PROVIDERS WILL PERFORM AT A CERTAIN LEVEL OF COMEPTENCE OR AS PROMISED BY THEM, OR THAT THE WEBSITE, ITS SERVERS, DOWNLOADS, OR E-MAIL SENT FROM PAYMENTPOP ARE FREE OF VIRUSES, TROJAN HORSES, BUGS, CONTAMINATION, DESTRUCTIVE FEATURES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY IN CERTAIN STATES
CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND OUR AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
To the maximum extent permitted by applicable law, by accessing and using the Website you agree to defend, indemnify and hold PaymentPop, its subsidiaries, affiliates, partners, agents, licensors, consultants, directors, officers, employees and other parties with which PaymentPop is under contract, and their respective officers, directors, employees and agents free and harmless from and against any claims, actions and demands, including, without limitation, any legal and accounting fees resulting from: your use of the Website; your breach of the Agreement; any and all Content you submit to PaymentPop and/or the Website; any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you; your connection to the Website; and/or your violation of the rights of any other person or entity. Additionally, you shall indemnify, defend and hold harmless PaymentPop and its affiliates, directors, officers, employees, successors and assigns, from any and all liability, damage, consequences, or expense (including reasonable attorneys’ fees) under any claim or suit brought by a third party arising out of any acts, omissions, errors by you or breach, or alleged breach, by you of any of your representations, warranties or obligations contained in this Agreement or otherwise on the Website, including but not limited to (a) any infringement claim asserted by a third party resulting from PaymentPop’s or its affiliate’s use of your Intellectual Property and/or Content provided or submitted by you, (b) a claim by any third party that any Material that you submitted or posted on Website was created, obtained or provided by any party in violation of any federal, state or local law or regulation, (c) any inaccurate, deceptive, or misleading information provided to PaymentPop by you, including but not limited to, the information contained in the Content or (d) your refusal to honor terms set forth in this Agreement or otherwise on the PaymentPop Website.
Except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction, in Los Angeles, California, all disputes arising out of or related to this Agreement, including the scope, the construction or application of this Agreement, shall be resolved by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in force. Any controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party, unless agreed to by PaymentPop at it sole discretion. The arbitration hearings and all meetings pursuant to this section shall be held in Los Angeles, California, USA, and shall be conducted in English. If the parties cannot agree upon a single arbitrator within twenty (20) calendar days after demand by either of them, each party shall select one arbitrator knowledgeable about Internet commerce in California, and notify the other of its selection, and such two arbitrators shall select a third from a list of arbitrators (with knowledge of the Internet industry) qualified by the American Arbitration Association in California. If this procedure for selecting arbitrators fails, then a neutral arbitrator based in California with knowledge of Internet commerce in California and the USA generally shall be selected by the American Arbitration Association to resolve the dispute. The arbitrator(s) shall conduct a hearing within sixty (60) days after their selection. A majority of the arbitrators (if there is more than one pursuant to this clause) shall determine the decision/award, which shall be rendered within ten (10) days after the completion of the hearing. The decision of the arbitrator(s) shall be final and binding upon the parties both as to law and to fact, and shall not be appealable to any court in any jurisdiction. The parties shall share the expenses of the arbitrators equally. Nothing in any indemnification provision hereunder shall be construed as having any bearing on the award of attorneys’ fees or arbitrators’ fees under this section.
IP OWNERSHIP AND COPYRIGHT INFRINGEMENT
PaymentPop will respond to notices of alleged infringement regarding third party Content sent pursuant to, and in accordance with, the Digital Millennium Copyright Act (“DMCA”), which may include PaymentPop removing or disabling access to third party Content claimed to be the subject of infringement or other activity. Written notification must be submitted to the Designated Agent at the address indentified in Address for Notice section below. All notices sent to PaymentPop regarding matters other than informing PaymentPop that a party’s copyrighted material may have been infringed as a result of third party Content will not receive a response through this process.
To be effective, your infringement notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single web site are covered by a single notification, a representative list of such works at that web site;
- Identification of the material (i.e., the third party Materials) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PaymentPop to locate the material;
- Information reasonably sufficient to permit PaymentPop to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement, as follows: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
- A statement, as follows: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
- PaymentPop shall remove or disable access to the Third Party Content that is alleged to be infringing;
- PaymentPop shall forward the written notification to the alleged infringer (the “Subscriber”);
- PaymentPop shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the Third Party Content.
To be effective, a Counter Notification must be a written communication provided to PaymentPop’s Designated Agent that includes substantially the following:
- A physical or electronic signature of the Subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement, as follows: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”;
- The Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the Subscriber’s address is located, or if the Subscriber’s address is outside of the United States, for any judicial district in which PaymentPop may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and PaymentPop will comply with this requirement within a reasonable time (or as otherwise required by law), provided PaymentPop’s Designated Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on PaymentPop’s network or system.
All communications and notices to be made or given pursuant to this Agreement shall be in the English language.
Nothing in this Agreement is intended to or does create any type of joint venture, creditor-debtor, escrow, partnership or any employer/employee or fiduciary or franchise relationship between you and us (or any of our affiliates). You understand and acknowledge that we are not certifying nor endorsing, and have no obligation to certify or endorse, any of your work, contributions, content or Material developed or submitted by you.
If you authorize, assist, encourage or facilitate another person or entity to take any action related to the subject matter of this Agreement, you shall be deemed to have taken the action yourself.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. No waiver of any breach of any provision of this agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an officer of PaymentPop.
Infringement notices to PaymentPop Designated Agent for Digital Millennium Copyright Act (DMCA) shall be sent to:By E-mail: [email protected] (Subject: DMCA Notification)
Notices to PaymentPop for other than DMCA infringement notices shall be sent to: By E-mail: [email protected]
This Agreement, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and PaymentPop and govern your use of the Website, superseding any prior agreements that you may have with us.