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SocialPay.Me

Terms & Conditions
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Terms & Conditions

(1) Introduction

Social Pay Me is an online service (the “Service”) provided by Pixel Persuasion and based in the United Kingdom. The following terms of use govern your use of the Social Pay Me Website; by using this Website, you agree to these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use this Website.

(1.1) unless otherwise stated, we or our licensors own the intellectual property rights in the Website and material on the Website. All these intellectual property rights are reserved.

(1.2) all trademarks reproduced in this Website, which are not the property of, or licensed to the operator, are acknowledged on the Website.

(1.3) your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.

(2) The Service

Social Pay Me is an online marketing service that provides a mechanism for a download (such as an eBook, software, music file, coupon, graphic resource, etc.) to be traded for a social share about it on a user’s Facebook timeline or Twitter stream. This way a user can promote their digital product virally through sharing on social networks.

The Social Pay Me service allows registered users the means to create a unique Social Pay Me URL that can be wrapped around a button graphic design as chosen and supplied by the user or embedded on a webpage using button designs supplied by the Service. When these buttons are added to a webpage and clicked on by a third party they are taken through a series of steps on the Social Pay Me Website that facilitates posting to Facebook or Twitter. Once a Post or Tweet has been successfully made the third party is offered a download link to the content. It is important to understand that the downloadable product is not actually stored on our servers and only a link to it exists in our system.

(3) Site Uptime

All reasonable measures are taken by us to ensure that this Website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this Website is unavailable at any time. Where possible we always try to give advance warning of maintenance issues that may result in Website down time but we shall not be obliged to provide such notice.

(4) Using the Service

Access to certain areas of our Website is restricted to registered users. We reserve the right to restrict access to other areas of our Website, or indeed our whole Website, at our discretion.

In order to use the Social Pay Me service it is necessary for the user to register. Registration is carried out exclusively online and the user must enter their full given name, surname, a valid e mail address and a password.

Upon successful registration an email will be sent from our servers to the email address given during registration. This email will contain a link that must be followed to activate the user on our system. Until this activation email is acted upon by the user their registered details will remain on our system but the user will not be able to access the Social Pay Me service through the login process. The purpose of this activation email is to verify the registration email and help prevent misuse of our Service.

When you generate a password to enable you to access restricted areas of our Website or other content or services, you must ensure that the password is kept confidential.

(4.1) you must notify us immediately if you become aware of any unauthorised use of your account or password. In such circumstances, email webmaster@socialpay.me.

(4.2) you are responsible for any activity on our Website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

(4.3) you must not use any other person's login details to access our Website.

(4.4) by submitting the registration form you confirm that you agree to our terms and conditions.

(4.5) any natural or legal person or partnership can register as a user but if the registering person is doing so on behalf of a company, he/she gives his/her assurance that he/she has been granted sufficient authorisation by the company to do so. The registering person shall provide proof of the authorisation to Social Pay Me at its request.

(4.6) Social Pay Me retains the right to refuse the registration or prohibit further use and delete the user from our system without recourse or reason.

(4.7) Social Pay Me also retains the right to prevent a person from accessing our Service if their IP address indicates they are accessing our Service from a blocked country. Social Pay Me may choose to block a country if a disproportional number of registered users of our Service from that country are violating our terms and policies.

(4.8) registered users are authorized to only use the Service for their own benefit. Users can only market their own content for their own purposes using our Service. Users of our Service are prohibited from creating payment buttons for the benefit of its customers or business partners. Social Pay Me has the right to delete buttons from its system if it has sufficient grounds for suspecting the Service is being used by a user for the benefit of a third party.

(4.9) we may disable your login credentials at any time in our sole discretion with or without notice or explanation.

(4.10) you must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

(4.11) Social Pay Me provides no guarantee for the availability of either Facebook or Twitter to our Service.

(5) Creating a Social Pay Me Button

In order to create a Social Pay Me button a user must submit the following information:

(a) The content’s title

(b) The full URL to the content on the internet

(c) The text you would like the third party to Post or Tweet [1][2]

(d) The user’s Website URL which should be the actual page that contains the Social Pay Me button [3]

[1] Social Pay Me Post or Tweet texts are limited to 110 characters to satisfy the text limits imposed by Twitter once the Website URL has been appended. Social Pay Me reserves the right to reject Post or Tweet texts which violate our terms (e.g. inappropriate or unlawful content, see section [7] below). The user is solely responsible for the content of the text of the post and Social Pay Me has no obligation to review the texts.

[2] The latest Facebook platform policies state that a custom post, as made by the Social Pay Me platform, must not be pre-filled with content even if the text is made editable. When a third party chooses to gain access to your content using a Facebook Post they are presented with an empty Post dialog box on our system and must type their own Post message. The user defined Post message and Website URL is presented to the third party in a read only format which can be copied and pasted into the Post dialog. This is necessary to comply with Facebook’s terms. There are no character limits for a Facebook Post on the Social Pay Me system.

[3] In the case of a Tweet, this URL is appended to the text posted. The Website URL is restricted to 29 characters on our platform to keep the Tweet within the total Twitter text limit of 140 characters. If you want to include a long URL for the Post or Tweet you must use a URL shortening service such as bit.ly. You do not need to (and we suggest that you do not) shorten the URL to the actual content download.

(6) Acceptable Use

You must not use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

(7) Your Shared Content

You warrant and represent that your content will comply with these terms of use.

(7.1) you must be the legal owner of the content you choose to offer through our Service or have explicit permission to give it away.

(7.2) your content must not be illegal or unlawful, must not infringe any third party's legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

(7.3) you must not submit any linked content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

(7.4) we reserve the right to edit or remove any information submitted to our Website.

(7.5) these following contents are not allowed to be made accessible through the Social Pay Me system: pornographic material, material of violent content, ‘extreme’ political content, anything racist or any kind of pirate content, software, music or video.

(7.6) you, the content provider, has to make sure that your content is always accessible. If that proves not be the case over a reasonable period of time as determined by Social Pay Me, we have the right to delete the payment button from our system that links to this content at any time without a notice.

(7.7) you are not allowed to use impropriate words in your Tweet or Facebook Posts. We reserve the right to decide what words are appropriate and what words are not.

(7.8) we are not responsible for the content provided by you, the content owner.

(7.9) notwithstanding our rights under these terms of use in relation to your content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our Website.

(7.10) we do not guarantee that the Social Pay Me service is always accessible. There is always the possibility of server downtimes.

(7.11) you have to obey by the rules of Twitter: https://twitter.com/tos and Facebook: https://www.facebook.com/legal/terms.

(8) Links to and from Other Websites

Throughout this Website you may find links to third party Websites. The provision of a link to such a Website does not mean that we endorse that Website. If you visit any Website via a link on this Website you do so at your own risk.

Any party wishing to link to this Website is entitled to do so provided that the conditions below are observed:

(a) You do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;

(b) You do not misrepresent your relationship with this Website; and

(c) The Website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.

(9) Monetization

Social Pay Me reserves the right to monetize any area of its website at any time and without notice. Social Pay Me is a free service and is at liberty to recover its operating costs through whatever means it deems appropriate. It is entirely possible that Social Pay Me payment pages will carry advertisements for which we are being compensated in some way, shape or form. It is also entirely possible that these pages may carry products for which we are an affiliate and earn a commission on every sale we refer.

(10) Limited Warranties

We do not warrant the completeness or accuracy of the information published on this Website; nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up to date.

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this Website and the use of this Website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(11) Limitations and Exclusions of Liability

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these terms of use or in relation to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the Website and the information and services on the Website are provided free of charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

(12) Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

(13) Breaches of these Terms of Use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

(14) Variation

We may revise these terms of use from time to time. Revised terms of use will apply to the use of our Website from the date of publication of the revised terms of use on our Website.

(15) Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

(16) Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(17) Exclusion of Third Party Rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

(18) Entire Agreement

Subject to the first paragraph of Section [11], these terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our Website.

(19) Law and Jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

(20) Our Details

The full name of our company is Pixel Persuasion. You can contact us by email to webmaster@socialpay.me.

(21) Credit

Part of this document was created using a SEQ Legal template.