Payteller LLC

This agreement is entered into by and between Payteller (hereafter 

“Licensor”), and You (hereafter “Licensee”). Licensee’s use of Licensor's 

Internet site (the "Site") or any of the material or service offerings or other 

services offered on the Site (collectively, the "Services") is subject to these 

Terms of Use (this "Agreement"). If Licensee does not agree to this Agreement, 

Licensee agrees not to use or access the Services or the Site. Licensee’s 

registration for, or use of, the Site or the Services shall be deemed to be 

Licensee’s acceptance of this Agreement. Licensor may modify this Agreement 

at any time without notice to Licensee by posting a revised Agreement on 

the Site. Licensee’s continued use of the Site constitutes Licensee’s binding 

acceptance of this Agreement, including any modifications that Licensor 

makes. Licensee is responsible for regularly reviewing this Agreement.

1. Service Communications

1.1 Licensee understands and agrees that the Services may include 

communications such as service announcements and administrative messages 

from Licensor. Licensee will not be able to opt out of receiving these service 

announcements and administrative messages while using the Site and Services 

until Licensee sends Licensor a specific written notice pursuant requesting the 

termination of Licensee’s subscription to the Services and the Site and that 

Licensee’s details be eliminated from the Site and any Site mailing list.

2. License Grant; Licensee’s Content

2.1 Licensor hereby grants Licensee a non-exclusive, non-transferable right 

to use the Site and Services for the term for which Licensee has paid the 

applicable subscription fees, if any ("License Term"), solely for Licensee’s own 

personal use. Licensee may create one account through which Licensee can 

utilize the Site and Services. Licensee may not share Licensee’s account or 

account information with any other individual. Use of an account by more than 

one individual is strictly prohibited.

2.2 The Site may include a combination of content that Licensor creates, that 

Licensor's partners create, and/or that Licensor's users create. Licensee may 

use the content on the Site only for Licensee’s personal use in connection with 

the Services and/or Licensee’s licensed use of Licensor's products. Except for 

the foregoing, Licensee may not modify, publish, transmit, participate in the 

transfer or sale of, reproduce, create derivative works of, distribute, publicly 

perform, reverse engineer, publicly display, or in any way exploit any of the 

software, materials or content on the Site in whole or in part.

2.3 Licensee warrants that Licensee owns or has sufficient legal right to the 

intellectual property rights in any content posted or uploaded to the Site by 

Licensee (“Licensee’s Content”) and that Licensee’s Content, including any use 

thereof by Licensor as described herein, does not violate applicable law or the 

rights of any third party. Licensee hereby grants Licensor, Licensor's affiliates, 

and Licensor's partners a lifetime, worldwide, irrevocable, royalty-free, 

nonexclusive, sublicensable right to use, reproduce, create derivative works 

of, distribute, publicly perform, publicly display, transfer, transmit, distribute, 

and publish Licensee’s Content and subsequent versions of Licensee’s Content 

for the purposes of (i) displaying Licensee’s Content on the Site (ii) processing 

Licensee’s Content in connection with providing the Services, (iii) distributing 

Licensee’s Content, either electronically or via other media, and/or (iv) storing 

or hosting Licensee’s Content in a remote database or on the Site. This license 

will apply to the distribution and the storage of Licensee’s Content in any form, 

medium, or technology now known or later developed.

2.4 Licensee may be exposed to content that Licensee finds offensive, 

indecent, or objectionable or that is inaccurate, and Licensee bears all 

risks associated with using that content. Licensor has the right, but not the 

obligation, to remove any content that may, in Licensor's sole discretion, 

violate this Agreement or that is otherwise objectionable.

2.5 Licensor shall be entitled to adjust the scope of the Services and the 

underlying technical infrastructure to reflect the continuing development of 

the Services and technical advances.

3.0 Purpose of Site/Linking

3.1 The Site is for general informational purposes only. Before you act on 

information you've found on our website, you should independently confirm any 

facts that are important to your decision. Licensor is not responsible for, and 

cannot guarantee the performance of, any products or services provided by any 

advertisers or others to whose sites we link. A link to another website does not 

constitute an endorsement of that site (nor of any product, service or other 

material offered on that site) by Licensor or its licensors. We welcome links to 

the homepage of our website. Licensee is free to establish a hypertext link to 

the Site so long as the link does not state or imply any affiliation, connection, 

sponsorship, or approval of your site by Licensor. We do not permit framing or 

inline linking to our website or any portion of it.

4. Technical Support

4.1 Licensor may provide technical support to Licensee regarding this Site or 

the Services, but Licensor does not guarantee any level of technical support. 

Licensor does not guarantee that the Site or Services will be available at any 

5. Intellectual Property Rights

5.1 Licensor, and/or its licensors, owns all rights, title and interests, including 

all intellectual property rights, in and to the Site and the Services, the 

software, materials and other related content (excluding Licensee’s Content), 

and any derivatives, suggestions, ideas, enhancement requests, feedback, 

recommendations or other information provided by Licensee or any other party 

relating to the Site or the Services. In addition, all content published on the 

Site, including, but not limited to, reports, presentations, written content, 

graphics, images, marks, logos, sound or video clips, and animation, are 

protected by Licensor's copyrights or trademarks or those of Licensor's partners 

6. Termination

6.1 Licensor may terminate or suspend Licensee’s use of the Site or Services at 

any time, in Licensor’s sole discretion. 

7. Licensee’s Conduct on the Site and other Restrictions

7.1 If Licensee provides any information to Licensor, Licensee will provide 

Licensor with true, accurate, current, and complete information. Licensee 

will promptly update Licensee’s information to keep it accurate, current, and 

7.2 If Licensor issues Licensee a password, Licensee may not reveal it to anyone 

else. Licensee may not use anyone else's password. Licensee is responsible for 

maintaining the confidentiality of Licensee’s account and password. Licensee 

agrees to immediately notify Licensor of any unauthorized use of Licensee’s 

password or account or any other breach of security. Licensee also agrees to 

exit from Licensee’s accounts at the end of each session. Licensor will not be 

responsible for any loss or damage that may result if Licensee fails to comply 

with these requirements.

7.3 Licensee will be responsible for all activity occurring under Licensee’s 

account and will comply with all applicable local, state, and foreign laws, 

treaties and regulations in connection with Licensee’s use of the Services, 

including without limitation, laws and regulations governing data privacy, 

international communications and transmission of technical or personal data.

7.4 The technology and the software underlying the Site and the Services are 

the property of Licensor and/or Licensor's affiliates, suppliers and partners. 

Licensee agrees not to copy, modify, rent, lease, loan, sell, assign, distribute, 

reverse engineer, grant a security interest in, or otherwise transfer any right 

to the technology or software underlying the Site or the Services. Licensee 

agrees not to modify the software underlying the Site in any manner or form 

or to use modified versions of such software, including (without limitation) for 

the purpose of obtaining unauthorized access to the Site. Without limiting the 

foregoing, Licensee agrees that Licensee will not use the Site to take any of the 

following actions:

1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal 

right of Licensor or others;

2. Publish, post, upload, e-mail, distribute, or disseminate 

(collectively, "Transmit") any inappropriate, profane, defamatory, 

misleading, infringing, obscene, indecent, or unlawful content;

3. Transmit files that contain viruses, corrupted files, or any other similar 

software or programs that may damage or adversely affect the operation 

of another person's computer, Licensor's sites, any software or hardware, 

or telecommunications equipment;

4. Advertise or offer to sell any goods or services for any commercial 

purpose unless Licensee has Licensor's written consent to do so;

5. Transmit surveys, contests, pyramid schemes, spam, unsolicited 

advertising or promotional materials, chain letters or other unsolicited 

messages;

6. Download any file that Licensee knows or reasonably should know cannot 

be legally obtained in such manner;

7. Falsify or delete any author attributions, legal or other proper notices or 

proprietary designations or labels of the origin or the source of software 

or other material;

8. Restrict or inhibit any other user from using and enjoying any area 

within the Site;

9. Interfere with or disrupt Licensor's sites, servers, or networks;

10. Probe, scan or test the vulnerability of the Site or circumvent any 

security mechanism used by the Site;

11. Impersonate any person or entity, including, but not limited to, any 

Licensor representative, or falsely state or otherwise misrepresent 

Licensee’s affiliation with a person or entity;

12. Forge headers or manipulate identifiers or other data in order to disguise 

the origin of any content transmitted through the Site or to manipulate 

Licensee’s presence on the Site;

13. Take any action that imposes an unreasonably or disproportionately 

large load on Licensor's infrastructure;

14. Engage in any illegal activities; or

15. Collect, store or transmit personal information about individuals or any 

information that is subject to applicable privacy laws or regulations, 

including but not limited to, any Protected Health Information as 

defined by the Health Insurance Portability and Accountability Act of 

1996 and its implementing regulations.

7.5 If Licensee chooses a username or avatar, or posts content, that, in 

Licensor's sole discretion, is obscene, indecent, abusive or that might otherwise 

subject Licensor to public disparagement or scorn, Licensor reserves the right, 

without prior notice to Licensee, to automatically change Licensee’s username 

or avatar, delete Licensee’s posts from Licensor's sites, deny Licensee access to 

Licensor's sites, or any combination of these options.

7.6 Unauthorized access to the Site is a breach of this Agreement and a 

violation of the law. Licensee agrees not to access the Site by any means other 

than through the interface that is provided by Licensor for use in accessing 

the Site. Licensee agrees not to use any automated means, including, without 

limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any 

part of the Site, except those automated means that Licensor has approved in 

advance in writing.

7.7 Licensee may not access the Services for purposes of monitoring its 

availability, performance or functionality, or for any other benchmarking or 

competitive purposes.

7.8 Use of the Site is subject to existing laws and legal process. Nothing 

contained in this Agreement will limit Licensor's right to comply with 

governmental, court, and law-enforcement requests or requirements relating 

to Licensee’s use of the Site, which may include disclosing Licensee’s Content 

to the applicable authorities.

8. Indemnification

8.1 Licensee will defend Licensor from any valid third party claim arising out 

of the Site or the Services, and will pay all damages finally awarded against 

Licensor in such claim or amounts agreed to in settlement, excluding claims, 

damages, awards and settlements arising out of:

1. Licensee’s use of the Site;

2. Any use or alleged use of Licensee’s accounts or Licensee’s passwords 

by any person, whether or not authorized by Licensee;

3. The content, the quality, or the performance of content that Licensee 

submits to the Site; or

4. Licensee’s violation of this Agreement.

9. Warranty; Disclaimers

9.1 THE SITE AND THE SERVICES, ITS SOFTWARE, CONTENT AND OTHER 

MATERIALS, ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. LICENSOR 

AND ITS AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY, 

REPRESENTATION, GUARANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, 

IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, 

WARRANTIES OF TITLE OR NONINFRINGEMENT, OR IMPLIED WARRANTIES OF 

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT 

TO THE SITE OR ANY OF THE CONTENT, SERVICES, PRODUCTS, SOFTWARE OR 

OTHER MATERIALS AVAILABLE THROUGH THE SITE.

10. LIMITATION OF LIABILITY

10.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER 

LICENSOR NOR ITS AFFILIATES, SUPPLIERS OR PARTNERS WILL BE LIABLE 

FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR 

CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE 

SERVICES OR THE SITE, ITS SOFTWARE, CONTENT OR OTHER MATERIALS, EVEN 

IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT 

LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR LOSS OF DATA 

OR OTHER INTANGIBLE LOSSES.

10.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR 

AND ITS AFFILIATES, SUPPLIERS AND PARTNERS WILL NOT BE LIABLE FOR ANY 

DAMAGES THAT EXCEED THE TOTAL AMOUNTS PAID BY LICENSEE TO LICENSOR 

FOR THE SERVICES OR THE USE OF THE SITE.

10.3 SOME STATES/JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED 

WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL 

DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO 

LICENSEE. IN SUCH STATES/JURISDICTIONS, LICENSOR'S LIABILITY AND THAT OF 

ITS AFFILIATES, SUPPLIERS AND PARTNERS WILL BE LIMITED TO THE GREATEST 

EXTENT PERMITTED BY LAW.

11. Arbitration

11.1 Any dispute arising out of or relating to this Agreement or the Site will be 

finally settled by binding arbitration, except that Licensor may bring an action 

in a court of competent jurisdiction with respect to any dispute affecting 

Licensor's intellectual property rights whether statutory or contractual. 

The arbitration will be conducted in accordance with the commercial 

arbitration rules (the "Rules") of the American Arbitration Association. Any 

such controversy or claim will be arbitrated on an individual basis and will not 

be consolidated in any arbitration with any claim or controversy of any other 

party. The arbitration will be conducted in a location of Licensor’s choosing in 

accordance with applicable law, and judgment on the arbitration award may 

be entered in any court having jurisdiction thereof. The arbitrator selected 

under the Rules must be a lawyer. The arbitrator has no authority to award 

damages in excess of those permitted in this Agreement for any reason. Any 

award in excess of such limitation will be deemed void as between the parties. 

Either Licensee or Licensor may seek any interim or preliminary equitable 

relief from a court of competent jurisdiction necessary to protect the rights 

or the property of Licensee or Licensor (or its affiliates, agents, suppliers, and 

subcontractors), pending the completion of arbitration. The parties will split 

the cost of the arbitrator and the arbitration proceedings, and otherwise each 

party will bear its own costs in connection with the arbitration. 

12. Miscellaneous

12.1 The Site features trademarks, service marks, and logos that are the 

property of Licensor and/or its affiliates, suppliers, partners and licensors. The 

Site also may include trademarks, service marks or logos of other third parties. 

All of these trademarks, service marks and logos are the property of their 

respective owners, and Licensee agrees not to use them in any manner without 

the prior written permission of the applicable owner.

12.2 Licensor may be required by state or federal law to notify Licensee of 

certain events. Licensee hereby acknowledges and consents that such notices 

will be effective upon Licensor's posting them on the Site or delivering them to 

Licensee through e-mail. Licensee is solely responsible for updating Licensee’s 

e-mail address on the Site. If Licensee does not provide Licensor with accurate 

or updated information, Licensor cannot be held liable if Licensor fails to notify 

Licensee, and Licensee shall remain bound by this Agreement in all respects as 

if Licensee had actually received such notice.

12.3 Licensor's failure to exercise or enforce any right or provision of this 

Agreement will not constitute a waiver of such right or provision. This 

Agreement and Licensee’s right to use the Services may not be assigned by 

Licensee without the prior written approval of Licensor in its sole discretion.

12.4 This Agreement, including any applicable attachments, and all terms, 

conditions, and policies that are incorporated into these terms by reference, 

constitute the entire agreement between Licensee and Licensor and govern 

Licensee’s use of the Site and Services, superseding any prior agreements that 

Licensee may have with Licensor.

12.5 Licensee may not use, import or export materials on this Site in violation 

of United States, or any other applicable country's, import and export laws and 

regulations. Licensor assumes no responsibility or liability for Licensee’s failure 

to obtain any necessary export approvals. Without limiting the foregoing, 

Licensee agrees that the Site will not be used, and none of the underlying 

content, information, software, or technology may be transferred or otherwise 

exported or re-exported to persons subject to restrictions, destinations subject 

to embargo, or to prohibited proliferation-related end-users or end-uses, 

without obtaining Licensor prior written consent, in its sole discretion, and 

obtaining any export license or other approval that may be required under 

United States, and any other applicable country's, laws, regulations and 

requirements.

12.6 If any part of this Agreement is determined to be invalid or unenforceable 

pursuant to applicable law, the invalid or unenforceable provision will be 

construed in accordance with applicable law as nearly as possible to reflect the 

original intentions of the parties and the intent of the original provision. Where 

a court is unable to construe any unenforceable or invalid provision to make it 

binding, the court will sever and delete the provision. In any event, all other 

terms remain valid and enforceable and will survive and remain in full force