Project Payday Terms of Use
THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THE PROJECTPAYDAY.COM WEBSITE,
WHICH IS PROVIDED BY PROJECT PAYDAY. BY ACCESSING THIS SITE, YOU ARE
INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE.
THESE TERMS OF USE ARE SUBJECT TO CHANGE BY PROJECT PAYDAY AT ANY TIME
IN ITS DISCRETION. YOUR USE OF THIS WEBSITE AFTER SUCH CHANGES ARE
MADE CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE
UPDATED TERMS OF USE.
Access To This Site
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF
YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS
THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF
THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE FALLS WITHIN
THE CHILD ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO.
Description of Service
Project Payday provides users with access to a rich collection
of resources including financial and other business-related content, various
communications tools, forums, personalized content and branded programming
through its network of properties (the "Service"). You also
understand and agree that the Service may include advertisements
and that these advertisements are necessary for Project Payday to provide
the Service. You also understand and agree that the service may
include certain communications from Project Payday, such as service
announcements, administrative messages and the Project Payday Newsletter,
and that these communications are considered part of Project Payday
membership and you will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that augment
or enhance the current Service, including the release of new
Project Payday properties, shall be subject to the Terms of Use. You understand
and agree that the Service is provided "AS-IS" and that Project Payday
assumes no responsibility for the timeliness, deletion, mis-
delivery or failure to store any user communications or
personalization settings. You are responsible for obtaining access
to the Service and that access may involve third party fees (such
as Internet service provider or airtime charges). You are
responsible for those fees, including those fees associated with
the display or delivery of advertisements. In addition, you must
provide and are responsible for all equipment necessary to access
the Service.
Your Registration Obligations
In consideration of your use of the Service, you represent that
you are of legal age to form a binding contract and are not a
person barred from receiving services under the laws of the
United States or other applicable jurisdiction. You also agree
to: (a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form
(such information being the "Registration Data") and (b) maintain
and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or Project Payday
has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, Project Payday has the
right to suspend or terminate your account and refuse any and all
current or future use of the Service (or any portion thereof).
Project Payday is concerned about the safety and privacy of all its
users, particularly children. For this reason, you must be at
least 18 years old to create a Project Payday account.
Project Payday Privacy Policy
Registration and certain other information about you is
subject to our Privacy Policy. For more information, see our full
privacy policy at:
http://www.projectpayday.com/privacy.cgi
Member Account, Password and Security
You will receive a password and account designation upon
completing the Service's registration process. You are
responsible for maintaining the confidentiality of the password
and account, and are fully responsible for all activities that
occur under your password or account. You agree to (a)
immediately notify Project Payday of any unauthorized use of your
password or account or any other breach of security, and (b)
ensure that you exit from your account at the end of each
session. Project Payday cannot and will not be liable for any loss or
damage arising from your failure to comply with this provision.
You are prohibited from using any services or facilities provided in
connection with this site to compromise security or tamper with system
resources or accounts. The use or distribution of tools designed
for compromising security (e.g., password guessing programs, cracking
tools or network probing tools) is strictly prohibited. If you become
involved in any violation of system security, Project Payday reserves the
right to release your details to system administrators at other sites
in order to assist them in resolving security incidents. Project Payday
reserves the right to investigate suspected violations of these Terms
of Use.
Project Payday reserves the right to fully cooperate with any law enforcement
authorities or court order requesting or directing Project Payday to disclose
the identity of anyone posting any e-mail messages, or publishing or
otherwise making available any materials that are believed to violate
these Terms of Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS PROJECT PAYDAY FROM
ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PROJECT PAYDAY DURING OR AS A
RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A
CONSEQUENCE OF INVESTIGATIONS BY EITHER PROJECT PAYDAY OR LAW ENFORCEMENT
AUTHORITIES.
Account Activation
From time to time we may offer Project Payday subscriptions at reduced prices,
or for no charge. If you take advantage of such a promotion you may be required
to perform certain other actions to activate your Project Payday account, including
visiting our sponsors' and/or advertisers' websites and/or completing their
special offer. Available offers will vary and some offers may require a
purchase or payment of a shipping and handling fee to qualify.
Member Conduct
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such Content
originated. This means that you, and not Project Payday, are
entirely responsible for all Content that you upload, post,
email, transmit or otherwise make available via the Service.
Project Payday does not control the Content posted via the Service
and, as such, does not guarantee the accuracy, integrity or
quality of such Content. You understand that by using the
Service, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will
Project Payday be liable in any way for any Content, including, but
not limited to, for any errors or omissions in any Content, or
for any loss or damage of any kind incurred as a result of the
use of any Content posted, emailed, transmitted or otherwise made
available.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any
Content that is unlawful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited
to, a Project Payday official, forum leader, guide or host, or
falsely state or otherwise misrepresent your affiliation with a
person or entity;
- forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the
Service;
- upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under any
law or under contractual or fiduciary relationships (such as
inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under
nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any
other form of solicitation;
- upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or
telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Service are able to type,
or otherwise act in a manner that negatively affects other users'
ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the
Service;
- intentionally or unintentionally violate any applicable
local, state, national or international law;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge that Project Payday may not pre-screen Content, but
that Project Payday and its designees shall have the right (but not
the obligation) in their sole discretion to refuse or move any
Content that is available via the Service. Without limiting the
foregoing, Project Payday and its designees shall have the right to
remove any Content that violates the Terms of Use or is otherwise
objectionable. You agree that you must evaluate, and bear all
risks associated with, the use of any Content, including any
reliance on the accuracy, completeness, or usefulness of such
Content. In this regard, you acknowledge that you may not rely on
any Content created by Project Payday or submitted to Project Payday,
including without limitation information in Project Payday Message
Boards, and in all other parts of the Service.
You acknowledge, consent and agree that Project Payday may access,
preserve, and disclose your account information and Content if
required to do so by law or in a good faith belief that such
access preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the Terms of Use; (c) respond to
claims that any Content violates the rights of third-parties; (d)
respond to your requests for customer service; or (e) protect the
rights, property, or personal safety of Project Payday, its users
and the public.
You understand that the technical processing and transmission of
the Service, including your Content, may involve (a)
transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or
devices.
You understand that the Service and software embodied within the
Service may include security components that permit digital
materials to be protected, and use of these materials is subject
to usage rules set by Project Payday and/or content providers who
provide content to the Service. You may not attempt to override
or circumvent any of the usage rules embedded into the Service.
Any unauthorized reproduction, publication, further distribution
or public exhibition of the materials provided on the Service, in
whole or in part, is strictly prohibited.
Content Submitted or Made Available For Inclusion in the Service
Project Payday does not claim ownership of Content you submit or
make available for inclusion on the Service. However, with
respect to Content you submit or make available for inclusion on
publicly accessible areas of the Service, you grant Project Payday
the following world-wide, royalty free and non-exclusive
license(s):
- With respect to Content you submit or make available for
inclusion on publicly accessible areas of Project Payday, the
license to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the Service solely
for the purposes of providing and promoting the specific
Project Payday site to which such Content was submitted or made
available. This license exists only for as long as you elect to
continue to include such Content on the Service and will
terminate at the time you remove or Project Payday removes such
Content from the Service.
- With respect to photos, graphics, audio or video you submit
or make available for inclusion on publicly accessible area of
the Service, the license to use, distribute, reproduce, modify,
adapt, publicly perform and publicly display such Content on the
Service solely for the purpose for which such Content was
submitted or made available. This license exists only for as long
as you elect to continue to include such Content on the Service
and will terminate at the time such Content is removed from the Service.
- With respect to Content other than photos, graphics, audio or
video you submit or make available for inclusion on publicly
accessible areas of the Service, the perpetual, irrevocable and
fully sublicensable license to use, distribute, reproduce,
modify, adapt, publish, translate, publicly perform and publicly
display such Content (in whole or in part) and to incorporate
such Content into other works in any format or medium.
"Publicly accessible" areas of the Service are those areas of the
Project Payday network of properties that are intended by
Project Payday to be available to the general public. By way of
example, publicly accessible areas of the Service would include
Project Payday Message Boards or Discussion Forums.
Indemnity
You agree to indemnify and hold Project Payday, and its
subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due
to or arising out of Content you submit, post, or make
available through the Service, your use of the Service, your
connection to the Service, your violation of the Terms of Use, or your
violation of any rights of another.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell
or exploit for any commercial purposes, any portion of the
Service (including your Project Payday User ID), use of the Service, or
access to the Service.
General Practices Regarding Use and Storage
You acknowledge that Project Payday may establish general practices
and limits concerning use of the Service, including without
limitation the maximum number of days that email messages,
message board postings or other uploaded Content will be retained
by the Service, the maximum number of email messages that may be
sent from or received by an account on the Service, the maximum
size of any email message that may be sent from or received by an
account on the Service, the maximum disk space that will be
allotted on Project Payday's servers on your behalf, and the maximum
number of times (and the maximum duration for which) you may
access the Service in a given period of time. You agree that
Project Payday has no responsibility or liability for the deletion
or failure to store any messages and other communications or
other Content maintained or transmitted by the Service. You
acknowledge that Project Payday reserves the right to log off
accounts that are inactive for an extended period of time. You
further acknowledge that Project Payday reserves the right to modify
these general practices and limits from time to time.
Modifications to Service
Project Payday reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree that
Project Payday shall not be liable to you or to any third party for
any modification, suspension or discontinuance of the Service.
Termination
You agree that Project Payday may, under certain circumstances
and without prior notice, immediately terminate your
Project Payday account, any associated email address, and access to
the Service. Cause for such termination shall include, but not be
limited to, (a) breaches or violations of the Terms of Use or
other incorporated agreements or guidelines, (b) requests by law
enforcement or other government agencies, (c) a request by you
(self-initiated account deletions), (d) discontinuance or
material modification to the Service (or any part thereof), (e)
unexpected technical or security issues or problems, and (f)
extended periods of inactivity. Termination of your Project Payday
account includes (a) removal of access to all offerings within
the Service, (b) deletion of your password and all related
information, files and content associated with or inside your
account (or any part thereof), and (c) barring further use of the
Service. Further, you agree that all terminations for cause shall
be made in Project Payday's sole discretion and that Project Payday
shall not be liable to you or any third-party for any termination
of your account, any associated email address, or access to the
Service.
Dealings with Advertisers
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service,
including payment and delivery of related goods or services, and
any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
advertiser. You agree that Project Payday shall not be responsible
or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of
such advertisers on the Service.
Links to Other Websites
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because Project Payday has
no control over such sites and resources, you acknowledge and
agree that Project Payday is not responsible for the availability of
such external sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising, products, or
other materials on or available from such sites or resources.
You further acknowledge and agree that Project Payday does not guarantee,
warrant or assume responsibility for the accuracy of information
obtained from other websites, and shall not be
responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use
of or reliance on any such Content, goods or services available
on or through any such site or resource.
Project Payday's Proprietary Rights
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the
Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws.
Except as expressly authorized by Project Payday or advertisers, you
agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service, in
whole or in part.
Project Payday grants you a personal, non-transferable and non-
exclusive right and license to use the object code of its
Software on a single computer; provided that you do not (and do
not allow any third party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble or otherwise attempt
to discover any source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner or
form, or to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized
access to the Service. You agree not to access the Service by any
means other than through the interface that is provided by
Project Payday.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROJECT PAYDAY EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT.
- PROJECT PAYDAY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM PROJECT PAYDAY OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES
WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A
COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS
MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS
WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR
ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR
PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE
OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY
OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS,
ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROJECT PAYDAY SHALL NOT BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF PROJECT PAYDAY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this
Terms of Use, there shall be no third party beneficiaries to this Agreement.
Notice
Project Payday may provide you with notices, including those
regarding changes to the Terms of Use, by either email, regular mail, or
postings on the Service.
Trademark Information
Project Payday, the Project Payday logo and other Project Payday
product and service names are trademarks of Project Payday (the
"Project Payday Marks"). Without Project Payday's prior permission, you
may not display or use the Project Payday Marks in any way, shape or form.
Disputes
As part of the consideration that Project Payday requires for
viewing and interacting with this website, Visitor agrees to use
binding arbitration for any claim, dispute, or controversy of any kind
(whether in contract, tort or otherwise) arising out of or relating to
a purchase, this product, including solicitation issues, privacy
issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules of the American
Arbitration Association, which are in effect on the date a dispute is
submitted to the American Arbitration Association. Information about
the American Arbitration Association, its rules, and its forms are
available from the American Arbitration Association, 335 Madison
Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take
place in the city or county of Project Payday.
In no case shall the viewer, visitor, member, subscriber or customer
have the right to go to court or have a jury trial. Viewer, visitor,
member, subscriber or customer will not have the right to engage in
pre-trial discovery except as provided in the rules; you will not have
the right to participate as a representative or member of any class of
claimants pertaining to any claim subject to arbitration; the
arbitrator's decision will be final and binding with limited rights of
appeal.
The prevailing party shall be reimbursed by the other party for any
and all costs associated with the dispute arbitration, including
attorney fees, collection fees, investigation fees, travel expenses.
Entire Agreement
The Terms of Use constitute the entire agreement
between you and Project Payday and govern your use of the Service,
superceding any prior agreements between you and Project Payday. You
also may be subject to additional terms and conditions that may
apply when you use or purchase certain other Project Payday
services, affiliate services, third-party content or third-party
software.
Choice of Law and Forum
The Terms of Use and the relationship
between you and Project Payday shall be governed by the laws of the
State of Texas without regard to its conflict of law
provisions. You and Project Payday agree to submit to the personal
and exclusive jurisdiction of the courts located within the
county of Denton, Texas.
Waiver and Severability of Terms
The failure of Project Payday to exercise or enforce any right or provision of the
Terms of Use shall not constitute a waiver of such right or provision. If
any provision of the Terms of Use is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other
provisions of the Terms of Use remain in full force and effect.
No Right of Survivorship and Non-Transferability
You agree that your Project Payday account is non-transferable and any
rights to your Project Payday User ID or contents within your account
terminate upon your death. Upon receipt of a copy of a death
certificate, your account may be terminated and all contents
therein permanently deleted.
Statute of Limitations
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 Service or the Terms of Use must
be filed within one (1) year after such claim or cause of action
arose.
Violations
If you are aware of any violations of the Terms of Use, please
Contact Us.
Project Payday
1675 Larimer Street
Suite 640
Denver CO 80202 USA
(303) 534-3333
Last updated: December 15th, 2006
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