Effective Date: 09th March, 2007
Terms of Use
1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all
Content available through the PayMyDay.co.uk domain name, the "PayMyDay
Web site", or "Website"), YOU SIGNIFY YOUR ASSENT TO
BOTH THESE TERMS AND CONDITIONS (the "Terms of Service")
AND THE TERMS AND CONDITIONS OF PayMyDays PRIVACY NOTICE, WHICH ARE
PUBLISHED AT http://www.paymyday.co.uk/privacy.php, AND WHICH ARE
INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these
terms, then please do not use the PayMyDay Website.
2. PayMyDay Website
These Terms of Service apply to all users of the PayMyDay Website,
including users who are also contributors of writen content, information,
and other materials or services on the Website. The PayMyDay Website
may contain links to third party websites that are not owned or
controlled by PayMyDay. PayMyDay has no control over, and assumes
no responsibility for, the content, privacy policies, or practices
of any third party websites. In addition, PayMyDay will not and
cannot censor or edit the content of any third-party site. By using
the Website, you expressly relieve PayMyDay from any and all liability
arising from your use of any third-party website. Accordingly, we
encourage you to be aware when you leave the PayMyDay Website and
to read the terms and conditions and privacy policy of each other
website that you visit.
3. Website Access
A. PayMyDay hereby grants you permission to use the Website as
set forth in this Terms of Service, provided that: (i) your use
of the Website as permitted is solely for your personal, noncommercial
use; (ii) you will not copy or distribute any part of the Website
in any medium without PayMyDay's prior written authorization; (iii)
you will not alter or modify any part of the Website other than
as may be reasonably necessary to use the Website for its intended
purpose; and (iv) you will otherwise comply with the terms and conditions
of these Terms of Service.
B. In order to access some features of the Website, you will have
to create an account. You may never use another's account without
permission. When creating your account, you must provide accurate
and complete information. You are solely responsible for the activity
that occurs on your account, and you must keep your account password
secure. You must notify PayMyDay immediately of any breach of security
or unauthorized use of your account. Although PayMyDay will not
be liable for your losses caused by any unauthorized use of your
account, you may be liable for the losses of PayMyDay or others
due to such unauthorized use.
C. You agree not to use or launch any automated system, including
without limitation, "robots," "spiders," "offline
readers," etc., that accesses the Website in a manner that
sends more request messages to the PayMyDay servers in a given period
of time than a human can reasonably produce in the same period by
using a convention on-line web browser. Notwithstanding the foregoing,
PayMyDay grants the operators of public search engines permission
to use spiders to copy materials from the site for the sole purpose
of creating publicly available searchable indices of the materials,
but not caches or archives of such materials. PayMyDay reserves
the right to revoke these exceptions either generally or in specific
cases. You agree not to collect or harvest any personally identifiable
information, including account names, from the Website, nor to use
the communication systems provided by the Website for any commercial
solicitation purposes. You agree not to solicit, for commercial
purposes, any users of the Website with respect to their User Submissions.
4. Intellectual Property Rights
The content on the PayMyDay Website, except all User Submissions
(as defined below), including without limitation, the text, software,
scripts, graphics, photos, sounds, music, videos, interactive features
and the like ("Content") and the trademarks, service marks
and logos contained therein ("Marks"), are owned by or
licensed to PayMyDay, subject to copyright and other intellectual
property rights under United Kingdom and foreign laws and international
conventions. Content on the Website is provided to you AS IS for
your information and personal use only and may not be used, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold,
licensed, or otherwise exploited for any other purposes whatsoever
without the prior written consent of the respective owners. PayMyDay
reserves all rights not expressly granted in and to the Website
and the Content. You agree to not engage in the use, copying, or
distribution of any of the Content other than expressly permitted
herein, including any use, copying, ordistribution of User Submissions
of third parties obtained through the Website for any commercial
purposes. If you download or print a copy of the Content for personal
use, you must retain all copyright and other proprietary notices
contained therein. You agree not to circumvent, disable or otherwise
interfere with security related features of the PayMyDay Website
or features that prevent or restrict use or copying of any Content
or enforce limitations on use of the PayMyDay Website or the Content
therein.
5. User Submissions
A. The PayMyDay Website may now or in the future permit the submission
of videos or other communications submitted by you and other users
("User Submissions") and the hosting, sharing, and/or
publishing of such User Submissions. You understand that whether
or not such User Submissions are published, PayMyDay does not guarantee
any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions
and the consequences of posting or publishing them. In connection
with User Submissions, you affirm, represent, and/or warrant that:
(i) you own or have the necessary licenses, rights, consents, and
permissions to use and authorize PayMyDay to use all patent, trademark,
trade secret, copyright or other proprietary rights in and to any
and all User Submissions to enable inclusion and use of the User
Submissions in the manner contemplated by the Website and these
Terms of Service; and (ii) you have the written consent, release,
and/or permission of each and every identifiable individual person
in the User Submission to use the name or likeness of each and every
such identifiable individual person to enable inclusion and use
of the User Submissions in the manner contemplated by the Website
and these Terms of Service. For clarity, you retain all of your
ownership rights in your User Submissions. However, by submitting
the User Submissions to PayMyDay, you hereby grant PayMyDay a worldwide,
non-exclusive, royalty-free, sublicenseable and transferable license
to use, reproduce, distribute, prepare derivative works of, display,
and perform the User Submissions in connection with the PayMyDay
Website and PayMyDay's (and its successor's) business, including
without limitation for promoting and redistributing part or all
of the PayMyDay Website (and derivative works thereof) in any media
formats and through any media channels. You also hereby grant each
user of the PayMyDay Website a non-exclusive license to access your
User Submissions through the Website, and to use, reproduce, distribute,
prepare derivative works of, display and perform such User Submissions
as permitted through the functionality of the Website and under
these Terms of Service. The foregoing license granted by you terminates
once you remove or delete a User Submission from the PayMyDay Website.
C. In connection with User Submissions, you further agree that
you will not: (i) submit material that is copyrighted, protected
by trade secret or otherwise subject to third party proprietary
rights, including privacy and publicity rights, unless you are the
owner of such rights or have permission from their rightful owner
to post the material and to grant PayMyDay all of the license rights
granted herein; (ii) publish falsehoods or misrepresentations that
could damage PayMyDay or any third party; (iii) submit material
that is unlawful, obscene, defamatory, libelous, threatening, pornographic,
harassing, hateful, racially or ethnically offensive, or encourages
conduct that would be considered a criminal offense, give rise to
civil liability, violate any law, or is otherwise inappropriate;
(iv) post advertisements or solicitations of business: (v) impersonate
another person. PayMyDay does not endorse any User Submission or
any opinion, recommendation, or advice expressed therein, and PayMyDay
expressly disclaims any and all liability in connection with User
Submissions. PayMyDay does not permit copyright infringing activities
and infringement of intellectual property rights on its Website,
and PayMyDay will remove all Content and User Submissions if properly
notified that such Content or User Submission infringes on another's
intellectual property rights. PayMyDay reserves the right to remove
Content and User Submissions without prior notice. PayMyDay will
also terminate a User's access to its Website, if they are determined
to be a repeat infringer. A repeat infringer is a User who has been
notified of infringing activity more than twice and/or has had a
User Submission removed from the Website more than twice. PayMyDay
also reserves the right to decide whether Content or a User Submission
is appropriate and complies with these Terms of Service for violations
other than copyright infringement and violations of intellectual
property law, such as, but not limited to, pornography, obscene
or defamatory material, or excessive length. PayMyDay may remove
such User Submissions and/or terminate a User's access for uploading
such material in violation of these Terms of Service at any time,
without prior notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent thereof
and believe that any User Submission or other content infringes
upon your copyrights, you may email us at services@paymyday.co.uk.
E. You understand that when using the PayMyDay Website, you will
be exposed to User Submissions from a variety of sources, and that
PayMyDay is not responsible for the accuracy, usefulness, safety,
or intellectual property rights of or relating to such User Submissions.
You further understand and acknowledge that you may be exposed to
User Submissions that are inaccurate, offensive, indecent, or objectionable,
and you agree to waive, and hereby do waive, any legal or equitable
rights or remedies you have or may have against PayMyDay with respect
thereto, and agree to indemnify and hold PayMyDay, its Owners/Operators,
affiliates, and/or Licensors, harmless to the fullest extent allowed
by law regarding all matters related to your use of the site.
F. PayMyDay permits you to link to materials on the Website for
personal, non-commercial purposes only. In addition, PayMyDay reserves
the right to discontinue any aspect of the PayMyDay Website at any
time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE PAYMYDAY WEBSITE SHALL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PAYMYDAY, DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE
AND YOUR USE THEREOF. PAYMYDAY MAKES NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE
CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY
OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD
PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN 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
VIA THE PAYMYDAY WEBSITE. PAYMYDAY DOES NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE PAYMYDAY WEBSITE OR ANY HYPERLINKED
WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PAYMYDAY
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING
ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS
OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH
ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL PAYMYDAY, ITS OFFICERS, DIRECTORS, EMPLOYEES,
OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING
FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PAYMYDAY
WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY
TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT PAYMYDAY SHALL NOT BE LIABLE
FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT
OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by PayMyDay from its facilities
in the United Kingdom. PayMyDay makes no representations that the
PayMyDay Website is appropriate or available for use in other locations.
Those who access or use the PayMyDay Website from other jurisdictions
do so at their own volition and are responsible for compliance with
local law.
8. Indemnity
You agree to defend, indemnify and hold harmless PayMyDay, directors,
employees and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including
but not limited to attorney's fees) arising from: (i) your use of
and access to the PayMyDay Website; (ii) your violation of any term
of these Terms of Service; (iii) your violation of any third party
right, including without limitation any copyright, property, or
privacy right; or (iv) any claim that one of your User Submissions
caused damage to a third party. This defense and indemnification
obligation will survive these Terms of Service and your use of the
PayMyDay Website.
9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an
emancipated minor, or possess legal parental or guardian consent,
and are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth
in these Terms of Service, and to abide by and comply with these
Terms of Service. In any case, you affirm that you are over the
age of 13, as the PayMyDay Website is not intended for children
under 13. If you are under 13 years of age, then please do not use
the PayMyDay Website, their are other sites more appropriate for
you to use.
10. Assignment
These Terms of Service, and any rights and licenses granted hereunder,
may not be transferred or assigned by you, but may be assigned by
PayMyDay without restriction.
11. Payments
Payments shall be made by either of two methods but limited to
these two a) payments via tranfer using the services of www.paypal.com,
b) by check eithe by post or delivered personal by one of our staff.
You will be notified of this if the occasion arises. You can however
accur your payments until such a time you wish to receive them via
the chosen method. Their is a minimum limit for payments and are
as follows. £30.00 for paypal transfers, £50.00 for
Postal Checks and £1000 for personally delivered checks. This
means we will not pay you until these limits have been reached.
Either it be money earned through submitiing content, affiliate
and/or winnings.
12. Payments to good causes
Payments to good cause will be paid out at intervals of at least
once per calender month but not limited to a maximum. Payments will
only be made to actual companies or organisations where the donations
will benefit a range of people. e.g we will not pay to an individual
just for the sole purpose of keeping it to themselves..
13. Other Payments
Payments regarding winnings of story's are not limited to an amount
and time of payment but we will try and pay them out at resonable
time and amount. They will be set on a factor of meeting two out
of the following three criterias a minimum time, minimum amount
and maximum amount e.g. PayMyTaxi will on average be paid out twice
weekly but only depending on the minimum amount hitting over £20.
If this hits over £20 and is withing the time frame this will
be paid out or if it hits the minimum and follows by hitting the
maximum payout limit of £100 then it will be paid out regardless
of the time it has been available. A full list of rules for each
category can be viewed at www.paymyday.co.uk/paymentrules.php. You
must also adhere thes rules to agree to these terms of use.
14. General
In general We are only here to try and help people we do not ask
for money, donations or any other service but please feel free to
do so. We do not sell or give away any personal information e.g
email addresses. We will only send emails from this site eg they
will be from a .paymyday.co.uk address and will contain either your
username, name or both please regard anyother emails witch might
look like their from this site as suspicious and do no send them
any personal information, We will never ask you to confirm any of
the details after you have signed up. Please respect the site for
the good it is doing.
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