Individuals who use the Site are referred to as “Users“, “you” and “your”. If you access the Site or accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that legal entity and, in such event, “you” and “your” will refer to that legal entity. “We”, “us”, or “our” refer to Social PayMe. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.
Social PayMe reserves the right, at its sole discretion, to modify or discontinue, temporarily or permanently, the Site, Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the Site. We will also update the “Last Updated Date” at the top of these Terms. Modifications to these Terms will automatically take effect upon posting by Social PayMe. By continuing to access or use the Site after we have posted a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease accessing or using the Site.
The Site is intended solely for persons who are (i) 18 or older, or (ii) 13 and older if either (a) an emancipated minor, or (b) he/she possess legal parental or guardian consent. By accessing or using the Site you represent and warrant that you are not legally prohibited from accessing the Site or using the Services under the laws of the country in which you access or use the Site.
The Site allows a User to access information and the Services and provides opportunities for a User to request information, apply for an account, signup for notifications or a newsletter, apply to a position, or engage with Social PayMe through provided communication options. You agree to provide accurate, current and complete information in all communications with Social PayMe and in all other use of the Site or Services.
The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Informationon this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user, or browser; Social payme and its members do not recommend or endorse the contents of the third-party sites.
Social payme.com is not are gistered investment, legal, or tax advisor or a broker/dealer. All investment/financial opinions expressed by social payme.com are from the personal research and experience of the owner of the site and are intended as educational material. Although best efforts are made to ensure all information is accurate and up to date, occasionally unintended errors and misprints may occur.
THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE TRANSACTIONS BETWEEN MARKETORS AND INFLUENCERS AND ENTER INTO AGREEMENTS DIRECTLY WITH EACH OTHER. SOCIAL PAYME CANNOT AND DOES NOT CONTROL THE CONTENT POSTED BY USERS AND IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL SUCH USER CONTENT, INCLUDING COMPLIANCE WITH APPLICABLE LAWS, RULES, AND GUIDES (SUCH AS FTC GUIDES CONCERNING SPONSORED ENDORSEMENTS, SEC ANTI-TOUTING VIOLATIONS, COPYRIGHT AND TRADEMARK VIOLATIONS). ANY TRANSACTIONS MADE THROUGH SMARTCONTRACTS AND THE TERMS CONTAINED THEREIN ARE CONSIDERED ENFORCEABLE.
SOCIAL PAYME WILL NOT MAKE ANY BUY OR SELL RECOMMENDATIONS ON OTHER BUSINESSES, CRYPTOCURRENCIES, OR NFTS, ALTHOUGH THERE WILL BE TIME THAT WE DISCUSS SPECIFIC PROJECTS AND THEIR ASSOCIATED BENEFITS. THIS SHALL NOT BE INTERPRETED AS AN ENDORSEMENT OF THE PROJECT OR AS A RECOMMENDATION TO INVEST IN THE PROJECT. IN NO EVENT SHOULD SOCIAL PAYME BE LIABLE OR RESPONSIBLE FOR LOSSES CAUSED BY ANY INFORMATION AVAILABLE ON THIS SITE. THE MATERIALS ON THIS SITE ARE NOT AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY ANY CRYPTO CURRENCY OR NFT, NOR SHALL ANY CRYPTOCURRENCY OR NFT BE SOLD TO ANY PERSON IN ANY JURISDICTION IN WHICH SUCH OFFER WOULD BE UNLAWFUL UNDER THE SECURITIES LAWS OF SUCH JURISDICTION. ANY NFTS MINTED ARE MINTED WITH A PARTNER COMPANY AND ARE NOT MINTED BY SOCIAL PAYME. PURCHASED NFTS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST BY VIRTUE OF THE OWNERSHIP RECORDED AND MAINTAINED IN THE BLOCKCHAIN. ALL SMART CONTRACTS RELATING TO THE PURCHASED NFTS EXIST SOLELY ON THE BLOCKCHAIN UPON WHICH THEY ARE MINTED. WE HAVE NO CONTROL OVER AND MAKE NO PROMISES OR GUARANTEES WITH RESPECT TO THE OPERATION OR CONTINUATION OF ANY BLOCKCHAIN OR THE OPERATION OF SMART CONTRACTS ON ANY BLOCKCHAIN. YOU AGREE THAT SOCIAL PAYME AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR AND WILL HAVE NO LIABILITY FOR ANY ISSUES OR LOSSES RELATED TO THE BLOCKCHAIN OR SMART CONTRACTS OPERATING IN ANY WAY NOT EXPECTED. YOU WILL BE SOLELY RESPONSIBLE FOR SECURING YOUR PRIVATE KEY. YOU SHOULD KEEP YOUR PRIVATE KEY SECURE AT ALL TIMES AND NEVER DISCLOSE IT TO ANYONE. ANY PARTY WITH ACCESS TO, OR A COPY OF, YOUR PRIVATE KEY WILL BE ABLE TO TRANSACT AND TAKE ANY ASSETS STORED IN YOUR WALLET.
Social PayMe delivers user generated content (“UGC”) in the form of social media posts from a User’s social media networks. You represent that you have the right to use and display the UGC which you make available for use with the Site and Services. Additionally, the UGC does not violate these Terms, any applicable laws, or the intellectual property rights of others. By making UGC available, you represent and warrant that:
• the downloading, copyingand use of the UGC will not infringe the proprietary rights, including but notlimited to the copyright, patent, trademark or trade secret rights, of anythird party;
• if your employer has rights to intellectualproperty you create, you have either (i) received permission from your employerto post or make available the Content, including but not limited to anysoftware, or (ii) secured from your employer a waiver as to all rights in or tothe Content;
• the UGC does not contain or install any viruses,worms, malware, Trojan horses, or other harmful or destructive content;
• the UGC is not spam, machine or randomlygenerated, and does not contain unethical or unwanted commercial content;
• the UGC is not pornographic, does not containthreats or incites violence, and does not violate the privacy of a third party;
By providing us with your UGC, you grant us a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the UGC solely for the purposes considered in our Services and our service offering, including displaying and distributing the UGC. If you delete UGC, Social PayMe will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the UGC may not be made immediately unavailable. Social PayMe does not monitor, review, or edit UGC, but has the right (though not the obligation) to remove or disable access to any User UGC for any or no reason, including but not limited to, UGC that, in Social PayMe’s sole discretion, violates these Terms. Social PayMe may take these actions without prior notification to you. Removal or disabling of access to UGC shall be a tour sole discretion, and we do not promise to remove or disable access to any specific UGC. Social PayMe will have no obligation to provide a refund of any amounts previously paid. Social PayMe is not responsible for UGC nor does it endorse any opinion contained in UGC. If you believe that any UGC infringes your intellectual property rights, or that your rights under applicable law have been otherwise infringed by any UGC, please contact us at contact@SocialPayMe.com.
By using the Site, you represent, warrant and agree to the following:
· You are at least 18 years of age.
· You are solely responsible for compliance with any and all laws,rules, regulations, or obligations that may apply to your use of the Site.
· Nothing that you upload, publish, represent, warrant or transmitusing the Site, will infringe, misappropriate or violate a third party’spatent, copyright, trademark, trade secret, moral rights or other proprietaryor intellectual property rights, or rights of publicity or privacy, or resultin the violation of any applicable law or regulation.
· You will not use manual or automated software, devices, scripts,redirects, robots, other means or processes to access, “scrape”, “crawl” or“spider” any web pages or other services contained in the Services.
· You will not use the Site for any commercial or other purposesthat are not expressly permitted by these Terms.· You will not copy, store or otherwise access any informationcontained on the Site for purposes not expressly permitted by these Terms.
· You will not interfere with or damage the Site, including, withoutlimitation, through the use of viruses, cancel bots, Trojan horses, harmfulcode, flood pings, denial-of-service attacks, packet or IP spoofing, forgedrouting or electronic mail address information or similar methods ortechnology;
· You will not impersonate any person or entity, or falsify orotherwise misrepresent yourself or your affiliation with any person or entity.
· You will not systematically retrieve data or other content fromour Services to create or compile, directly or indirectly, in single ormultiple downloads, a collection, compilation, database, directory or the like,whether by manual methods, through the use of bots, crawlers, or spiders, orotherwise.
· You will not access, tamper with, or use non-public areas of theSite, Social PayMe’s computer systems, or any third-party provider system.
· You will not attempt to probe, scan, or test the vulnerability ofany Social PayMe system or network or breach any security or authenticationmeasures.
· You will not avoid, bypass, remove, deactivate, impair,descramble, or otherwise circumvent any technological measure implemented by SocialPayMe or any of Social PayMe’s providers or any other third party (includingother Users) to protect the Site.
· You will not advocate, encourage, or assist any third party indoing any of the foregoing.
· You agree that you are using our Site at your own risk.
Social PayMe will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Social PayMe may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms.
You acknowledge that Social PayMe has no obligation to monitor your access to or use of the Site, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or another governmental body.
By selecting a paid subscription, you agree to pay Social PayMe the monthly fees associated/indicated for that service. Subscriptions are billed in advance forthe period selected. Upon completion of that time period (not related to cancellation of the Service), you will be automatically billed for the following period. Payment can be made via credit card and on the Site or other agreed upon method. For any upgrade or downgrade in plan level, the credit card you provide will automatically be charged the new rate on your next billing cycle. Unless you notify us before the end of the applicable subscription period that you wish to cancel your paid subscription, your subscription will automatically renew and you authorize us to collect the then applicable subscription fee. There will be no refunds or credits for partial months of service, upgrades/downgrages, or refund for months with inactive usage. No exceptions will be made.
Additional payouts via giftcard for Users between the ages of 13 to 17 are subject to the terms of any applicable regulations and our third party gift card provider, Tremendous. Gift cards will be subject to the terms and conditions of the giftcard provided and we do not make any promises to the restrictions that may be included under the gift card’s terms and conditions. As part of payment tracking, we may request personally identifiable information (PII) as part of compliance required by applicable tax and other laws with government agencies. Our third-party partner Persona will manage all PII information and will not beseen by us. Persona’s terms will apply when a User is required to verify, either through usage of our Sites and Services or as required by law.
The Site is protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site and Services, including all associated intellectual property rights, are the exclusive property of Social PayMe and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or Services.
The Site may contain links to third-party websites or resources. You acknowledge and agree that Social PayMe is not responsible or liable for: (i) the availability or accuracy ofsuch websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Social PayMe. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources. You agree to be bound by the terms of service of any third party providers that are tied to our platform.
Social PayMe may include advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals on the Site. By clicking on the advertisements, you may be shifted to a website of the advertiser or receive other messages, information, or offers from the advertiser. You acknowledge and agree that Social PayMe is not liable for the privacy practices of advertisers or the content of their websites, information, messages or offers. Users are wholly liable for all communications with advertisers and for all transactions subsequently executed.
All trademarks, service marks, logos, trade names and any other proprietary designations of Social PayMe used herein are trademarks or registered trademarks of Social PayMe. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
All product and company names are trademarks or registered trademarks of the irrespective holders. Use of them does not imply and affiliation with or endorsement by them.
Any product names, logos, brands, and other trademarks or images featured or referred to within the socialpayme.com website are the property of the respective trademark holders. These trademark holders are not affiliated with Social payme, our products, or our websites. They do not sponsor or endorseSocial Payme or any of our products.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice, and at any time terminate these Terms or your access to our Site.
IF YOU CHOOSE TO USE THE SITE OR SERVICE, YOU DO SO AT YOUR SOLE RISK. THE SITE AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS ORIMPLIED. WITHOUT LIMITING THE FOREGOING, SOCIAL PAYME EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SOCIAL PAYME MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SOCIAL PAYME MAKES NO WARRANTY REGARDING THE QUALITY OF THE SITE OR SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE OR SERVICES REMAINS WITH YOU. NEITHER SOCIAL PAYME NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE OR ANY SERVICES WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SOCIAL PAYME HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to release, defend, indemnify, and hold Social PayMe and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with(a) your access to or use of the Site, or your violation of these Terms; (b) your reliance on the Site; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your use of the Site caused damage to a third party. Social PayMe shall have the right to control all defense and settlement activities.
You may not assign or transfer these Terms, by operation of law or otherwise, without Social PayMe’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Social PayMe may assign or transfer these Terms, at its sole discretion, without restriction. Subject tothe foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Unless otherwise specified herein, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Social PayMe by posting to the website or via electronic mail. For notices or communications by Social PayMe made by e-mail, if any, the date of receipt will be deemed the date on which such notice is transmitted.
You agree that (i) the Site shall be deemed solely based in Florida, and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over Social PayMe, either specific or general, in jurisdictions other than Florida. These Terms shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. You and we agree to submit to the personal jurisdiction of a state court located in Broward County, Florida for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution Provision below.
YOU AND SOCIAL PAYME AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, SERVICES OR CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND WAIVED.
These Terms are intended to govern the agreement between Social PayMe and you to the extent permitted by all applicable laws, ordinances, rules, and regulations. If any provision of these Terms or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.
You and Social PayMe agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Site (collectively, “Disputes”) will be settled by binding arbitration; except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
You acknowledge and agree that you and Social PayMe are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Social PayMe otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration willbe administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org/and a separate form for California residents at www.adr.org/. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure.Unless you and Social PayMe otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Social PayMe submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court havingjurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Fees.Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $20,000, Social PayMe will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). No Class Action.
YOU AND SOCIAL PAYME 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 we agree otherwise, the arbitrator may notconsolidate more than one person’s claims, and may not otherwise preside overany form of a representative or class proceeding.
Changes. Notwithstanding the provisions of the “Modification” section above, if Social PayMe amends this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms) you will be notified in accordance with these Terms. You may reject any such change by sending us written notice (including by email to info@SocialPayMe.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Social PayMe’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Social PayMe in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes tothese Terms).
Enforceability. If the “No Class Action” section of this Dispute Resolution Provision is found to be unenforceable, or if the entire Dispute Resolution Provision is found to be unenforceable, then the entirety of the Dispute Resolution Provision will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described above will govern any action arising out of or related to these Terms.
Right to Opt-Out of Arbitration and Class Action/Jury Trial Waiver: You may opt-out of this arbitration and class action/jury trial waiver provision by notifying us in writing within 30 days of the date you first registered for the Services. To opt-out, you must send a written notification to Social PayMe Technologies, Inc., 1221 Brickell Avenue Suite 900- #269 Miami, FL 33131 that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt-out of the above arbitration and class action/jury trial waiver provisions. Alternatively or in addition, you may send this written notification to info@SocialPayMe.com.
Social PayMe makes no claim that the Site is appropriate or may be downloaded outside of the United States. If you access the Site from a location outside the United States, you do so at your own risk and are responsible for compliance with all applicable laws, rules, regulations or decrees of your jurisdiction.
We welcome and encourage you to provide feedback, comments and suggestions (collectively “Feedback”) for improvements to the Site. You may submit feedback by emailing us at info@SocialPayMe.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Social PayMe and you hereby irrevocably assign to Social PayMe and agree to irrevocably assign to Social PayMe all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Social PayMe’s request and expense, you will execute documents and take such further acts as Social PayMe may reasonably request to assist Social PayMe to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
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 website location are covered by a single notification, a representative list of such works at that website;
Identification of the material 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 the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, orthe law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Social PayMe’s designated Copyright Agent to receive notifications of claimed infringement is Social PayMe, Inc., email: info@SocialPayMe.com, address: 1221 Brickell Avenue Suite 900- #269 Miami, FL 33131. You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.
Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
· Your physical or electronic signature;
· Identification of the User Submission that has been removed or towhich access has been disabled and the location at which the User Submission appeared before it was removed or disabled;
· A statement that you have a good faith belief that the User Submission was removed or disabled as a result of mistake or a misidentification of the User Submission; and
· Your name, address, telephone number, and e-mail address, astatement that you consent to the jurisdiction of the federal court in Broward County, Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
· If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
The failure of Social PayMe to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such rightor provision will be effective only if in writing and signed by a duly authorized representative of Social PayMe. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms orotherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
These Terms constitute the entire and exclusive understanding and agreement between Social PayMe and you regarding the Site and supersede and replace any and all priororal or written understandings or agreements between Social PayMe and you regarding the same.
Disclaimer: The original, legally binding version of this document is written in English. If it is translated into other languages by non-native English-speakers or by software, there may be discrepancies between the English version and the translated version. If so, the English version supersedes the translated version.