PayPip Terms of Service (Terms of Service)

Terms of Service ("Agreement")

Last updated: 18th July 2017

Welcome to the terms and conditions for PayPip; this Terms of Service Agreement formalises the rights the service gives you, which rights PayPip does not grant you, and how you should use the service to stay within this Legally Binding Agreement.

This is a Legal Agreement between PayPip ("PayPip", "The Application", "we" or "us") and you ("user", "reader" or "you") and constitutes the legal basis for the use of PayPip payment service ("the Services").

The PayPip.com website, (the "Site"), including all associated features and functionality (including any external services associated, including plugins or phone apps) will be referred to as the "Services".

You must read and agree to these Terms of Service ("Agreement") if you are a User of PayPip's website at https://paypip.com.

In the event that wholly or partially you do not agree to this agreement you must immediately stop using the service and notify us (within 30 days) so that we can return to you any outstanding balances on the system. Unless under exceptional circumstances refunds for purchased content will not be provided across all articles. Instead you must provide written reasons as to the reason you feel refunds should be made on a per article or content basis. PayPip's right to refuse to refund purchased content is final.

Continued use of the service (including but not limited to "logging in", "purchasing articles", "reading purchased content" and other uses of "The Services") constitutes acceptance of this agreement.

Definitions

"The Publisher", "Publisher", "Content Creator" is a PayPip partner that provides you with content according to both this legal document and the terms of the Publisher Agreement.

The Services

Our services are designed to help a user ("You") purchase content with minimal transaction fees between PayPip, the Publisher and You, the Reader or Content Consumer.

We provide a means of you paying a content provider on different services without fees (such as bank fees) being incurred on each transaction. Instead a Wallet balance will be topped up by you.

Changes to These Terms

PayPip reserves the right, at our sole discretion, to amend these Terms of Service at any time and will change these Terms of Service in the event of any such amendments. PayPip will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

Your Account

You must be a human to create an account. Accounts registered by "bots" or other automated methods are not permitted.

You must either, a) Login through one of our authentification partners (currently Google or Facebook) b) provide an email address and signup through our website.

You must be age 13 or older. While we are thrilled to see young people excited to pay for content online, PayPip must comply with United States law. PayPip does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User’s account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws. If we find you are breaking the laws regarding age limits in your own country we also attempt to close the account.

One person or legal entity may maintain no more than one free account (if you choose to control a machine account as well, that's fine, but it can only be used for running a machine). Your IP address will be monitored by our service and if we suspect multiple accounts being created to take advantage of free articles we may choose to a) charge you in the future based on our records b) more likely terminate your account and associated accounts with immediate effect.

Spidering (machine based duplication) of paid or free content is not permitted and again, content charges may apply should content be diseminated without written authorisation of the publisher.

User Account Security

You are responsible for keeping your account secure while you use our Service.

You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account). You are responsible for maintaining the security of your account and password. PayPip cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You will promptly notify PayPip if you become aware of any unauthorized use of, or access to, our Service through your account, including any unauthorized use of your password or account.

Payment and Fees

Payment for services and the PayPip Wallet is provided by our payment partner Stripe. Stripe charges are in addition to any wallet topup and will be calculated based upon the charges in the Stripe API. See here of details of this calculation: https://support.stripe.com/questions/can-i-charge-my-stripe-fees-to-my-customers

Note: in some jurisdictions, charging processing fees to your customers is prohibited by law. It is therefore illegal to top up your wallet and consequently use the services in such jurisdictions.

To pay for services on Stripe you must agree to their Terms and Conditions which will be propted upon payment by Stripe. You can read their Terms here.

Buying articles is a paid for process once free articles run out. Free articles are also only available on articles charged at the base price of the system in your country.

Billing Schedule; No Refunds

PayPip is and always will be a Pay-as-you-go product, the Service is to top up a wallet which you can then spend on content; bank charges (Stripe Fees) will be levied in addition to the cost of credit to top up said wallet. If you do not wish to pay for articles, or top up your wallet simply stop doing so.

Refunds can be issued for outstanding account balances (money you have that has not been spent on content) but Stripe fees for this also apply, and vary by which currency the debits are charged at.

You approve any payments to PayPip before they happen. Please contact us if your credit card was charged without authorisation and we will investigate.

Fees paid for through the purchasing of content are non refundable unless a) you rank the article as bad value for money b) 50% of other users also rank the article as bad value for money AND c) there is a statistically meaningful sample of voters.

Intellectual Property

You will own no rights to redistribute, copy, quote (apart from statutory rights, often referred in some juristicitions as "fair use"), outside of features provided by the service or by local laws.

Copyright is retained by the copyright holder, except for use on the PayPip Bookmarking Service (pip.fm) which retains rights for you to access content you have purchased at a later date.

Privacy

Please see our privacy policy at https://paypip.com/privacy.

Maintenance and Support

We are aiming at providing our users with the best support for our Services and to constantly improve them. We created different tools to help our users, address frequently asked questions and additional technical and general support issues. Also, we test frequent updates, maintenance, error shooting and additional means in order to improve the Services.

Scraping

Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler. It does not refer to the collection of information through PayPip's Public API. You may never scrape the PayPip website and may be banned if we catch your account being used for this.

Excessive Bandwidth Use

If we determine your bandwidth usage to be significantly excessive in relation to other PayPip customers, we reserve the right to suspend your account or throttle your experience.

Copyright Infringement and DMCA Policy

If you believe that content on our website violates your copyright, please contact us in accordance with our Digital Millennium Copyright Act Policy. If you are a copyright owner and you believe that content on PayPip violates your rights, please contact us via our convenient DMCA form or by emailing copyright@paypip.com. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.

We will terminate the accounts of repeat infringers of this policy.

Intellectual Property Notice

Short version: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.

PayPip's Rights to Content

PayPip and our publishers, licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and the Services. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © PayPip, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from PayPip.

PayPip Trademarks and Logos

PayPip should always be written as PayPip with both the first and second 'P' capitalized.

If you’d like to use PayPip’s trademarks, you must ask for written permission, or use only copies of SVG logos that are not distorted or changed in any way.

Licence from GitHub's policy documents.

Parts of this agreement are taken in whole or adapted from from GitHub's Terms of Service Document, which is licensed under the Creative Commons Attribution license. GitHub is in no way associated with PayPip and in no way endorses the changes and adaptions made to this document.

This document retains the Creative Commons Attribution license. See here for details: https://creativecommons.org/licenses/by/4.0/

Cancellation and Termination

Account Cancellation

It is your responsibility to properly cancel your account with PayPip. You can cancel your account at any time by using the Cancel Account option in your profile.

Upon Cancellation

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once your account is cancelled.

Upon cancellation we will attempt to return any outstanding balances you have to the credit or debit card used top up.

PayPip May Terminate

PayPip has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. PayPip reserves the right to refuse service to anyone for any reason at any time.

Survival

All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Specifically, unless told to delete your account Content that you have purchased will remain under the PayPip Bookmarking Service (pip.fm) service until removed by you or your account is terminated.

Communications with PayPip

Electronic Communication Required

For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

Legal Notice to PayPip Must Be in Writing

Communications made through email or PayPip Support's messaging system will not constitute legal notice to PayPip or any of its officers, employees, agents or representatives in any situation where notice to PayPip is required by contract or any law or regulation. Legal notice to PayPip must be in writing and served to PayPip's legal agent.

Disclaimer of Warranties

PayPip provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

PayPip does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

Limitation of Liability

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from the use, disclosure, or display of your User-Generated Content; your use or inability to use the Service; any modification, price change, suspension or discontinuance of the Service; the Service generally or the software or systems that make the Service available; unauthorized access to or alterations of your transmissions or data; statements or conduct of any third party on the Service; any other user interactions that you input or receive through your use of the Service; or any other matter relating to the Service. Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

Release and Indemnification

If you have a dispute with one or more Users, you agree to release PayPip from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that PayPip (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases PayPip of all liability); and (3) provides to you all reasonable assistance, at your expense.

Miscellaneous

1. Governing Law Except to the extent applicable law provides otherwise, this Agreement between you and PayPip and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and PayPip agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Francisco, California. 2. Non-Assignability PayPip may assign or delegate these Terms of Service and/or the PayPip Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void. 3. Section Headings and Summaries Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding. 4. Severability, No Waiver, and Survival If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of PayPip to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. 5. Complete Agreement These Terms of Service, together with the PayPip Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and PayPip relating to the subject matter of these terms.