Terms of Service
Periscope Media LLC.
Last updated on: June 01, 2018
PayMeFunnels.com is product of Periscope Media LLC. By creating an account on PayMeFunnels.com you are agreeing to these Periscope Media LLC.’s terms of service.
By signing up for the Periscope Media LLC. services or any of the services of Periscope Media LLC. Inc. or its affiliates (“Periscope Media LLC.”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by Periscope Media LLC. under the Terms of Service include various products and services to help you present your brand through website, sell goods and services to buyers online (“Online Services”) or in person. Any such services offered by Periscope Media LLC. are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.paymefunnels.com/terms-of-service. Periscope Media LLC. reserves the right to update and change the Terms of Service by posting updates and changes to the Periscope Media LLC. websites. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using PayMeFunnels or any Periscope Media LLC. services, you are agreeing to these terms. Be sure to occasionally check back for updates.
1. Account Terms
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- To access and use the Services, you must register for a Periscope Media LLC. account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Periscope Media LLC. may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You acknowledge that Periscope Media LLC. will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. Periscope Media LLC. cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
- A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Periscope Media LLC. will result in an immediate termination of your services.
2. Account Activation
2.1 Periscope Media LLC. Account
- Subject to section 2.1.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
- If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
3. General Conditions
- Technical support is only provided to paying Account holders and is only available via email and in some cases may be available through online chat or phone.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of the state of California and the laws of United States of America applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the state of California with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
- You acknowledge and agree that Periscope Media LLC. may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Periscope Media LLC.’s website, available at https://www.paymefunnels.com/terms-of-service and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Periscope Media LLC.’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not use the Periscope Media LLC. service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of United States of America and the state of California. You will comply with all applicable laws, rules and regulations in your use of the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Periscope Media LLC.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use paymefunnels.com or Periscope Media LLC.’s trademarks and/or variations and misspellings thereof.
- Questions about the Terms of Service should be sent to [email protected]
- You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
- The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Periscope Media LLC.’s Terms of Service available in another language, the most current English version of the Terms of Service at https://www.paymefunnels.com/terms-of-service will prevail.
4. Periscope Media LLC.'s Rights
- We reserve the right to modify or terminate the Periscope Media LLC. for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a store, or the Materials uploaded or posted to a store, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Periscope Media LLC. customer, Periscope Media LLC. employee, member, or officer will result in immediate Account termination.
- Periscope Media LLC. does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Periscope Media LLC. employees and contractors may also be Periscope Media LLC. customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- Periscope Media LLC. retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Periscope Media LLC. reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
5. Limitation of Liability
- You expressly understand and agree that Periscope Media LLC. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall Periscope Media LLC. or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Periscope Media LLC. partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- Periscope Media LLC. does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- Periscope Media LLC. does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- Periscope Media LLC. does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
6. Waiver and Complete Agreement
The failure of Periscope Media LLC. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and Periscope Media LLC. and govern your use of the Service, superseding any prior agreements between you and Periscope Media LLC. (including, but not limited to, any prior versions of the Terms of Service).
7. Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the Materials you provide to the Periscope Media LLC. service. All Materials you upload remains yours. You can remove your Periscope Media LLC / PayMeFunnels. website or store at any time by deleting your Account.
- By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your store; (b) to allow Periscope Media LLC. to store, and in the case of Materials you post publicly, display, your Materials; and (c) that Periscope Media LLC. can, at any time, review all the Materials submitted to its Service, although Periscope Media LLC. is not obligated to do so.
- You retain ownership over all Materials that you upload to a PayMeFunnels. website or store; however, by making your store public, you agree to allow others to view Materials that you post publicly to your store. You are responsible for compliance of the Materials with any applicable laws or regulations.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
- Periscope Media LLC. shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.
Anything you upload remains yours and your responsibility.
8. PayMeFunnels Experts & Affiliates
- For affiliate partner agreement see Affiliate Partner Agreement page here.
- PayMeFunnels Experts is an online directory of independent third parties (“Experts”) that can help you build and operate your PayMeFunnels store. Periscope Media LLC. does not employ Experts and is in no way affiliated with Experts.
- Periscope Media LLC. does not endorse Experts and takes no responsibility for any work performed by Experts or failure to fulfil a work order. Links to websites of Experts, announcements about services or offers, and responses to email inquiries regarding Experts, are provided solely for informational purposes at the discretion of Periscope Media LLC. and shall not be construed or imply permission, or an affiliation, position regarding any issue in controversy, authentication, appraisal, sponsorship, nor a recommendation or endorsement of any website, product, service, activity, business, organization, or person, and any offers, products, services, statements, opinions, content or information on any linked third-party website.
- Under no circumstances shall Periscope Media LLC. be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from any contractual relationship between you and PayMeFunnels experts. These limitations shall apply even if Periscope Media LLC. has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.
9. Payment of Fees
- You will pay the Fees applicable to your subscription to Online Service and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account (“Transaction Fees”), and any fees relating to your purchase of any products or services such as POS Equipment, shipping, apps, Themes, domain names or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
- You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. Periscope Media LLC. will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and Periscope Media LLC. will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars or in Europe in Euro, and all payments shall be in U.S. currency and in Europe in Euro.
- Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at Periscope Media LLC. discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. As well, an invoice will appear on the Account page of your PayMeFunnels administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
- If we are not able to process payment of Fees using the Authorized Card, we will make a second attempt to process payment using the Authorized Card 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next Billing Cycle. You will not be able to access your Account during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Periscope Media LLC. reserves the right to terminate your Account.
- All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
- You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Periscope Media LLC. products and services. These Taxes are based on the rates applicable to the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to Periscope Media LLC. of your exemption. If you are not charged Taxes by Periscope Media LLC., you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
- You must maintain your current location in the administration menu of your PayMeFunnels store and promptly update your location if you move jurisdictions. If you change jurisdictions you must promptly update your location in the administration menu.
- Periscope Media LLC. does not provide refunds.
10. Cancellation and Termination
- You may cancel your Account at anytime by emailing s[email protected] and then following the specific instructions indicated to you in Periscope Media’s LLC. response.
- Upon termination of the Services by either party for any reason:
- Periscope Media LLC. will cease providing you with the Services and you will no longer be able to access your Account;
- unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
- any outstanding balance owed to Periscope Media LLC. for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
- your website and / or store website will be taken offline.
- Since your website and / or online store is built on WordPress and other tools, you may contact Periscope Media LLC. and request exported file of your account.
- If you purchased a domain name through Periscope Media LLC., upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
- If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
- We reserve the right to modify or terminate the Periscope Media LLC. Service or your Account for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, Periscope Media LLC. may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
11. Modifications to the Service and Prices
- Prices for using the Services are subject to change upon 30 days’ notice from Periscope Media LLC.. Such notice may be provided at any time by posting the changes to the PayMeFunnels Site (paymefunnels.com) or the administration menu of your PayMeFunnels website / store via an announcement.
- Periscope Media LLC. reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
- Periscope Media LLC. shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
12. Third Party Services
- In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Periscope Media LLC.’s partners or other third parties also referred to as plugins.
- Periscope Media LLC. may from time to time recommend, provide you with access to, or enable third party software / plugins, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the PayMeFunnels dashboard. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or PayMeFunnels website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, Periscope Media LLC. may receive a revenue share from Third Party Providers that Periscope Media LLC. recommends to you.
- We do not provide any warranties with respect to Third Party Services. You acknowledge that Periscope Media LLC. has no control over Third Party Services and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on Periscope Media LLC.’s websites or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Periscope Media LLC. Periscope Media LLC. does not guarantee the availability of Third Party Services and you acknowledge that Periscope Media LLC. may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Periscope Media LLC. is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Periscope Media LLC. strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.
- If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Periscope Media LLC. is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
- Google Maps is a Third Party Service that is used within the Services. Your use of the Service is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, as it may be amended by Google from time to time.
- Under no circumstances shall Periscope Media LLC. be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Periscope Media LLC. has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
- You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Periscope Media LLC. partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
13. DMCA Notice and Takedown Procedure
Periscope Media LLC. supports the protection of intellectual property and asks PayMeFunnels merchants or account holders to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants or account holders is infringing their intellectual property rights, they can send a DMCA Notice to Periscope Media LLC.’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant or account holder can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. For more information, see how to file DMCA Notice and follow takedown procedures outlined here: https://www.copyright.gov.
14. Privacy & Data Protection
Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, Periscope Media’s collection and use of personal information of any European residents is also subject to our Data Processing Addendum.
Periscope Media LLC.
1344 Flower st.
Los Angeles, CA 90015 USA