If you are not eligible, or do not agree to all of the Terms, then please do not use the Service.
Eligibility. You must be at least eighteen (18) years old to use the Service. By agreeing to the Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years old; (ii) that you have not previously been suspended, removed or deactivated from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company (each, a “Subscribing Organization”), you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization. In such a case, “you” in these Terms refers to your Subscribing Organization, and any individual authorized to use the Service on behalf of the Subscribing Organization, including you.
End User License Agreement. Your use of any mobile application or other downloadable software we may provide (each, an “App”) is subject to an End User License Agreement. The applicable End User License Agreement depends on the platform on which the App is designed to run and the features of the App. The End User License Agreement will be presented to you when you download and/or install the App and will be accessible through the App. Apps are deemed part of the Service, and all such End User License Agreements are hereby incorporated into, and made a part of, the Terms by reference.
Additional Terms. Your use of the Service is subject to any additional terms, rules, and guidelines applicable to certain services and features that we may post from time to time (the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into, and made a part of, the Terms.
Modification of the Terms. We reserve the right, at our discretion, to change the Terms on a going forward basis at any time. Please check the Terms periodically for changes. Your continued use of the Service after the changes become effective constitutes your binding acceptance of such changes. In the event that a change to the Terms materially modifies your rights or obligations, we will make an effort to notify you of the change, such as by sending you an email to the address we have on file for you, or presenting a notification to you through the Service. Immaterial modifications are effective upon publication, and material changes will be effective upon the earlier of (a) continued use of the Service with actual knowledge of the modification, or (b) thirty (30) days following the change. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the Terms in effect that the time the dispute arose.
Accounts and Registration. To access most features of the Service you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your e-mail address or other contact information). You agree that the information you provide to us is and will be accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to access the Service using only your account and password. You agree that are fully responsible for all activities that occur under your account. If you have reason to believe that your account is no longer secure for any reason (for example, in the event of a loss, theft or unauthorized disclosure or use of your password), then you agree to notify us immediately at firstname.lastname@example.org.
User Rewards Generally. Pay Your Selfie makes available through the Service tasks on certain third-party products and services (each a “Survey Task”). When you complete a Survey Task through the Service, you will accumulate rewards in your Pay Your Selfie account (“Rewards”). Each Survey Task may be subject to Additional Terms and may be discontinued by Pay Your Selfie at any time. At any time and in Pay Your Selfie’s sole discretion, Pay Your Selfie may: (i) determine whether or not you are eligible to complete a Survey Task; (ii) determine whether or not you have earned Rewards; or (iii) adjust your Rewards total. PRIOR TO DISTRIBUTION, AS DESCRIBED IN THE DISTRIBUTIONS SECTION BELOW, ALL REWARDS SHALL REMAIN THE SOLE PROPERTY OF PAY YOUR SELFIE.
All donations of Rewards to charities or nonprofit organizations are made as unrestricted gifts and may not be specified for any particular purpose. Pay Your Selfie does not endorse the activities of any charity or nonprofit organization that appears in the Service and Pay Your Selfie does not guarantee that donations of Rewards to any such charity or nonprofit organization will be employed for any particular purpose.
Referral Bonuses. From time to time, Pay Your Selfie may introduce special bonuses or incentives for users to refer others to Pay Your Selfie, using a personal referral code or URL. Users shall not be eligible to earn these bonuses if they invite other users who share the same mobile device or if they create multiple accounts in an effort to earn referral bonuses for inviting themselves. Such actions violate these Terms and shall be grounds for Pay Your Selfie to terminate a user’s account, rescind any referral bonuses, reverse or correct user Rewards balances, or take other actions as Pay Your Selfie deems appropriate, in its sole discretion. Where a user cannot produce examples of how referrals have taken place, including screenshots of where referrals were made, Pay Your Selfie reserves the right to decline to award Referral Bonuses, rescind bonuses, demand repayment of Rewards credited, or take other remedial actions.
Taxes. Depending on applicable federal, state, and local tax laws, your distribution of Rewards may be subject to taxes. You will be solely responsible for any and all tax liability arising out of your receipt of Rewards.
Inactivity Fee. It is your responsibility to keep your Pay Your Selfie account active. If you fail to activate a Survey Task within your Pay Your Selfie account for twelve (12) consecutive months, your account will be considered “inactive.” While your account is inactive, Pay Your Selfie will deduct an amount equal to two dollars ($2.00) from your accumulated Rewards every month prior to reactivation (“Inactivity Fee”). Pay Your Selfie will attempt to notify you before your account becomes inactive by sending you an email to the address we have on file for you. Subject to Pay Your Selfie’s right to terminate your account under these Terms, you may reactivate your Pay Your Selfie account by logging in to your Pay Your Selfie account and completing at least one Task. If your state’s law prohibits Pay Your Selfie from charging the Inactivity Fee, Pay Your Selfie may deduct an Inactivity Fee equal to the maximum permitted by the laws of your state.
Compliance with Law. Under state escheatment law, or other applicable law, Pay Your Selfie may be required to remit Rewards in your Pay Your Selfie account to the state of your last known address if your Pay Your Selfie account has not had any activity for a certain period of time. Your last known address will be determined by Pay Your Selfie based on the zip code that you provided, if known. If we remit funds as required by law, you will need to contact the state directly to obtain the funds.
Claims. Rewards provided under this Section are provided solely by Pay Your Selfie and not underwritten, sponsored, or provided by any other third-party, including Pay Your Selfie’s brand, research firms and advertiser partners. By accepting these Terms you agree to not to seek Rewards or make any claims for Rewards against third-party providers, research firms, advertisers or manufacturers of products and services.
User Content Generally. Certain features of the Service may permit users to post content, including messages, reviews, photos, videos, sounds, musical works, images, folders, data, text, including comments, ideas and suggestions, and other types of works (collectively called, “User Content”) and to publish User Content on the Service. For clarity, all photographs submitted constitute User Content subject to the rights granted herein to Pay Your Selfie and its third party assignees and/or brands. Such rights are granted not only with respect to photographs in which a particular user appears but also extend to all individuals appearing in the photographs. Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Pay Your Selfie may place such advertising and promotions on the Service or on, about, or in conjunction with your User Content. The manner, mode and extent of such advertising and promotions are subject to change, in Pay Your Selfie’s sole discretion, without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
Limited License Grant to Pay Your Selfie; Waiver, Consent and Release. By posting User Content, you grant Pay Your Selfie and its third party assignees and/or brands a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license, with the right to sublicense, to host, transfer, publicly display, publicly perform, transmit, reproduce, modify, distribute and re-distribute, create derivative works of and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed) for any purpose. Subject to the terms hereof, you consent to the use of your User Content and waive any claim against Pay Your Selfie and its third party assignees and brands for use of your User Content. You hereby release and discharge Pay Your Selfie and its third party assignees and brands from any claims, disputes and causes of action with respect to use of the User Content by Pay Your Selfie and/or its third party assignees or brands. You retain copyright and any other proprietary rights you hold in the User Content that you post to the Service.
User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:
You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions, including but not limited to all consents and permissions of third parties appearing in any of your User Content, to use and to authorize Pay Your Selfie and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section and in the manner contemplated by Pay Your Selfie and the Terms;
Your User Content, and the use thereof as contemplated herein, does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (c) contain any viruses, adware, spyware, worms, or other malicious code; (d) contain any defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic or harmful information or materials; (e) encourage criminal or unethical behavior; or (f) violate any applicable law or regulation.
User Content Disclaimer. We are under no obligation to review, edit or control User Content that you and other users post or publish, and Pay Your Selfie will not be in any way responsible or liable for User Content. If your User Content violates these Terms, you agree to bear legal responsibility for that User Content. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Pay Your Selfie with respect thereto. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to the Terms, we reserve the right to, but are not required to, investigate the allegation without notice and determine in our sole discretion whether to remove the User Content. For clarity, Pay Your Selfie does not permit copyright infringing activities on the Service. If you believe any content available through the Service has been copied in a manner that constitutes copyright infringement, please notify Pay Your Selfie immediately in accordance with the procedure described in the DMCA Notification Section of the Terms below. Pay Your Selfie reserves the right to remove any User Content from the Service for any reason, without prior notice. User Content removed from the Service may or may not continue to be stored by Pay Your Selfie, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Pay Your Selfie will not be liable to you for the loss of any User Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of User Content or other information may not be secure. You are responsible for implementing sufficient procedures to satisfy your particular requirements for accuracy and security of data and for maintaining a means external to the site for the reconstruction of any lost data.
Digital Millennium Copyright Act
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Service, you may contact our designated agent at the following address:
PayYourSelfie, Inc., 222 W. Merchandise Mart Plaza, Suite 1212; Chicago IL 60654. Email: email@example.com.
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
- the full legal name and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Service,including at a minimum, if applicable, the URL where such material may be found;
- your address, telephone number, and email address;
- the following statement made by you in the body of the notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
- the following statement made by you in the body of the notice:
"I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Third Party Services and Websites. Pay Your Selfie may provide tools through the Service that enable you to export information to third party services, including through use of an API or by linking your account on Pay Your Selfie with an account on the third party service, such as Twitter or Facebook. By using these tools, you agree that we may transfer User Content and other information to the applicable third party service. Such third party services are not under our control, and we are not responsible for the contents of the third party service or the use of your User Content or information by the third party service. The Service, including our websites, may also contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of third parties services or linked websites and you hereby agree that if you decide to access any third party services or linked websites, you do so entirely at your own risk.
Network Access; Service Provider. You are responsible for obtaining the data network access necessary to use the Service. You acknowledge that the terms of any agreement with your respective mobile network provider will continue to apply when using the Service with your wireless-enabled mobile device. Consequently, your mobile network's data and messaging rates and fees may apply if you access or use the Service from a wireless-enabled mobile device. You accept responsibility for any such charges that arise.
You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service and any updates thereto. Pay Your Selfie does not guarantee that the Service, or any portion thereof, will function on any particular hardware or devices. In addition, the Service may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
1. submit to Pay Your Selfie any information that is false, inaccurate, fabricated, counterfeited, tampered with, adjusted, or otherwise artificial or inauthentic for the purpose of seeking to complete Survey Tasks with Pay Your Selfie;
2. complete, or attempt to complete, Pay Your Selfie Tasks for products/services that have not actually been completed, or, where required, for products that have been purchased but returned to a store, following purchase;
3. upload User Content to Pay Your Selfie that have already been uploaded by you or another user, for the purpose of earning credit from Pay Your Selfie;
4. upload User Content to Pay Your Selfie that reflects Survey Task completion more than one (1) week prior to the date on which the Survey Task was reported as being completed;
5. attempt to obscure or falsify the date on User Content, such as by purposefully uploading a photo without metadata reflecting the date of the photo;
6. extract information from Pay Your Selfie’s web or mobile applications for the purpose of using said information in conjunction with another service, web or mobile application;
7. rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined below);
8. post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
9. post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, profane, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
10. exploit or attempt to exploit Pay Your Selfie’s referral bonus program by inviting yourself to join Pay Your Selfie using another account or invite others who share the same mobile device, in an effort to earn referral bonuses or credit(s);
11. make false or misleading claims about Pay Your Selfie’s referral program or any other incentive program created by Pay Your Selfie;
12. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Service accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Service, or perform any other similar fraudulent activity;
13. delete the copyright or other proprietary rights on the Service or any User Content;
14. make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
15. use the Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy, or the collection, storage, transmission, or access of educational records;
16. defame, harass, abuse, threaten or defraud users of the Service, or collect, or attempt to collect, personal information about users or third parties without their consent,
17. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service or User Content, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Service or User Content, including by using any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Service, deep-link to any feature or content of the Service, or bypass measures we may use to prevent or restrict access to the Service;
18. reverse engineer, decompile, disassemble, reconstruct, identify or discover or otherwise attempt to reverse engineer, decompile, disassemble, reconstruct, identify or discover the source code of the Service or any part thereof (including any App), except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
19. log onto a server or an account which you are not authorized to access or attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
20. modify, adapt, translate or create derivative works based upon the Service or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law;
21. intentionally interfere with or damage operation of the Service or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; or.
22. provide Pay Your Selfie with any content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Pay Your Selfie does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Pay Your Selfie is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Limitations on User Accounts. A user may not create more than one (1) Pay Your Selfie account. Each unique mobile device may not be associated with more than one (1) user account. Users who attempt to associate an excessive number of mobile devices with a single user account may be deemed to have violated these Terms to the extent they are deemed by Pay Your Selfie to have abused the Service.
Termination of Use. If you violate any of the Terms, your permission to use the Service will automatically terminate. You also agree that we may, at any time for any reason, and without notice to you, suspend or revoke your access to and use of the Service, and any accounts you may have in connection with the Service including: (i) where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of Pay Your Selfie or any third party; or (ii) in connection with any general discontinuation of the Service. We will have no liability whatsoever on account of any suspension or revocation of your access to or use of the Service, provided that if we terminate your access to the Service other than for your breach of these Terms, you may be entitled to have your Rewards distributed, as described in the Terms. You may terminate your account at any time by contacting customer service at firstname.lastname@example.org.
Discontinuation and Modification of the Service. We reserve the right in our sole discretion to modify or discontinue the Service at any time without notice to you. We will have no liability whatsoever on account of any modification or discontinuation of the Service.
Ownership; Proprietary Rights. The Service is owned and operated by Pay Your Selfie. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Pay Your Selfie (the “Materials”) are protected by United States copyright, trade dress, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Content that is provided and owned by users of the Service, all Materials contained in the Service are the property of Pay Your Selfie or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Pay Your Selfie or its affiliates and/or third-party licensors. Except as expressly authorized by Pay Your Selfie, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Pay Your Selfie reserves all rights to the Materials not expressly granted in the Terms.
Export Policy and Restrictions. You acknowledge that the Pay Your Selfie mobile application includes technology and software and is subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which you obtained the Pay Your Selfie mobile application. By downloading or using technology or software in connection with the Service, including the Pay Your Selfie mobile application, you agree to abide by the applicable laws, rules and regulations - including, but not limited to the Export Administration Act and the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology, including the Pay Your Selfie mobile application, to a foreign national or a foreign destination in violation of the law, or to any person who otherwise is forbidden from receiving such software or technology, including the Pay Your Selfie mobile application, under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury, U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless Pay Your Selfie from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.
Indemnity. You agree that you will be personally responsible for your use of the Service, and you agree to defend, indemnify and hold harmless Pay Your Selfie and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Pay Your Selfie Entities”) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your violation of the Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (iv) access or use of the Service by anyone using your account and password; or (v) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
Disclaimers; No Warranties.
THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. PAY YOUR SELFIE SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIMS (i) ANY IMPLIED WARRANTIES OF ADVERTISER ABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; (ii) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE; (iii) ANY WARRANTIES THAT THE INFORMATION OR RESULTS PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, RELIABLE, COMPLETE, OR UP-TO-DATE; AND (iv) ANY WARRANTIES WHATSOEVER REGARDING ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ADVERTISED, MADE AVAILABLE, OR REFERRED TO YOU THROUGH THE SERVICE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, PRODUCTS AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE. PAY YOUR SELFIE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PAY YOUR SELFIE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PAY YOUR SELFIE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE WHERE SUCH DAMAGES RESULT FROM: (i) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, OR (ii) ANY PURCHASE OF A THIRD PARTY PRODUCT OR SERVICE BASED ON INFORMATION CONTAINED IN THE PAY YOUR SELFIE SERVICE, INCLUDING THE AVAILABILITY OF A PRODUCT OR SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT PAY YOUR SELFIE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, PAY YOUR SELFIE WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE.
YOU AGREE THAT YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF PAY YOUR SELFIE TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF THE SERVICE IS LIMITED TO THE LESSER OF (i) THE AMOUNTS YOU HAVE PAID TO PAY YOUR SELFIE FOR ACCESS TO AND USE OF THE SERVICE GIVING RISE TO SUCH LIABILITY IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR (ii) $100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PAY YOUR SELFIE AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Dispute Resolution and Arbitration
Generally. In the interest of resolving disputes between you and Pay Your Selfie in the most expedient and cost effective manner, you and Pay Your Selfie agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. You understand and agree that, by entering into these Terms, you and Pay Your Selfie are each waiving the right to a trial by jury or to participate in a class action.
Exceptions. Notwithstanding the warranty disclaimers above, you and Pay Your Selfie both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
Arbitrator. Any arbitration between you and Pay Your Selfie will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Pay Your Selfie.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express (signature required), or in the event that we do not have a physical address on file for you, we may send notice to you by electronic mail (“Notice”). Pay Your Selfie’s address for Notice is: 222 W Merchandise Mart Plaza, Suite 1212, Chicago, IL 60654. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 120 days after the Notice is received, you or Pay Your Selfie may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Pay Your Selfie shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. You agree that any claim you may have arising out of or related to your relationship with Pay Your Selfie must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Fees. In the event that you commence arbitration in accordance with these Terms, Pay Your Selfie will reimburse you for your payment of the filing fee, unless your claim is for greater than $1,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Chicago, Illinois, provided that if the claim is for $1,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Pay Your Selfie for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No class actions. YOU AND PAY YOUR SELFIE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Pay Your Selfie agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications. In the event that Pay Your Selfie makes any future change to this arbitration provision (other than a change to the Pay Your Selfie’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Pay Your Selfie’s address for Notice, in which case your account with Pay Your Selfie shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
Enforceability. If only the class action prohibition is found to be unenforceable or the entirety of this Dispute Resolution and Arbitration Section is found to be unenforceable, then the entirety of this Dispute Resolution and Arbitration Section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in the Section below shall govern any action arising out of or related to these Terms.
Governing Law; Venue. These Terms, whether interpreted in a court of law or in arbitration, shall be governed by the laws of the State of Illinois as they apply to agreements entered into and to be performed entirely within Illinois by Illinois residents, and without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Pay Your Selfie agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Chicago, Illinois for the purpose of litigating all such claims or disputes. We operate the Service from our offices in Illinois, and we make no representations that information and materials included in the Service are appropriate or available for use in other locations. Access to the Service from any territory where the content is illegal is prohibited.
Contact Information. If you have any questions regarding Pay Your Selfie, the Service, or the Terms please contact us at email@example.com.