Last Updated September 10, 2018
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
PACESTUBS IS A MOBILE APPLICATION THAT ALLOWS USERS TO GET PAID BY WALKING. USERS RECEIVE AN IN-APP CURRENCY, STUBS, THAT CAN BE REDEEMED FOR REAL CASH REDEEMABLE VIA PAYPAL WHEN ABOVE THE CASH OUT LIMIT. USERS CAN COMPETE IN CONTESTS TO WAGER THEIR STUBS.
Gift Cards and PayPal Payments
You may receive a maximum of five gift cards or PayPal payments unless the Company, in its sole discretion, chooses to award additional gift cards or PayPal payments to you. Neither the Company nor any other party will issue any form of refund or issue any replacement gift cards or PayPal payments to you if you do not receive your gift card or PayPal payment, or your gift card code does not work. The Company is not obligated to answer or respond to any inquiries or other form of contact it receives from you regarding any gift cards or PayPal payments that you did not receive. The gift cards offered through the App are subject to change without notice and are in no way affiliated with Apple. Likewise, the process of awarding gift cards is in no way affiliated with Apple or Google Play. Amazon e-Gift cards are only available in United States Dollars. PayPal payments can be paid to residents of most countries. If your country does not accept PayPal payments, the Company is not obligated to send you any substitute form of monetary payment.
Any email messages the Company sends to you may end up in your email application’s “spam” or “junk” folder. Please be mindful of this and regularly check these folders to ensure proper gift card delivery.
The Company is based in the State of Georgia in the United States. The Company makes no representations that the App and its Content are appropriate for use in all locations or may be downloaded outside of the United States. Use of or access to the App may not be legal by certain persons or in certain countries. By accessing or using the App, you do so at your own risk and are responsible for compliance with the laws and regulations of the jurisdiction from which you access or use the App.
By using or accessing the App, you consent to the transmission of your personal information, including your user id, password, and any other personal or non-personal information we may collect from you, to the United States, and you acknowledge and accept all liability and responsibility arising from the transmission of such information to the United States.
Accounts and Account Security
Content and Intellectual Property
The Company accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), the Company reserves the right to terminate your use of the App or the Content contained therein if it determines in its sole and absolute discretion that you are involved in infringing activity, regardless of whether such alleged infringement is a first-time or repeat occurrence and/or whether the material or activity is ultimately determined to be infringing.
Service, Technical Information, and Informational Content
The Company makes a conscientious effort to display and describe the features available in the App accurately and completely. However, your interaction with the App depends upon a number of factors, including your mobile device and internet connection. The Company may change, update or remove features at its discretion. Therefore, the Company cannot guarantee the availability or accuracy of any or all features in the App. You agree that technical information, opinions, recommendations and other information made available to you in the App are for your convenience only.
The Company uses reasonable efforts to update the information in the App. However, the Content of the App is subject to change without notice. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the App, or by anyone who may be informed by any of its contents.
Please contact us at email@example.com if you have questions about the information presented in the App.
- not to use the App in any way that violates federal, state, local or international law or regulation, or generally accepted practices or guidelines in relevant jurisdictions (including any laws or regulations regarding the export of data or software to and from the United States or other relevant countries);
- that you will not use the App to transmit or send unsolicited commercial communications;
- that you will not attempt to gain unauthorized access to, interfere with, damage, disrupt or circumvent any of the security features of any part of the App (or the servers, networks, and databases which are connected to the App);
- not to introduce any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic bombs or other material which is malicious or technologically harmful to the App (or the servers, networks, and databases which are connected to the App);
- that you will not edit or otherwise modify any content in the App other than your own User Contributions;
- that you will not engage in any activity that interferes with or disrupts the App (or the servers, networks, and databases which are connected to the App);
- that you will not impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
- that you will not reproduce, redistribute, republish, duplicate, copy, display, sell, rent, sub-license, trade or resell any content or other aspect of the App for any commercial purpose (except for content specifically and expressly made available for redistribution); and
Any User Contribution you post through the App will be considered non-confidential and non-proprietary. By providing any User Contribution in the App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You also grant us the right to bring an action for infringement of these rights.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the App.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials through the App. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted through the App, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, please send a notice of copyright infringement to firstname.lastname@example.org. It is the policy of the Company to terminate the user accounts of repeat infringers.
Third Party Sites and Content
The App may contain links to other websites or resources that our business partners and other third parties own or operate. Your access to and use of each of those websites is at your own risk and is subject to the terms and conditions, if any, that each of those websites have posted. We have no control over third party websites and we are not responsible for any changes to or content on them. Our inclusion of any Content is not an endorsement of that material or link or the companies that own or operate the material or linked websites.
The App may include Content provided by third parties. All statements and/or opinions expressed in these materials, and all Content other than the Content provided by the Company, are solely the opinions and the responsibility of the person or entity providing such Content. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Social Media Features and Linking to the App
The App may provide certain social media features that enable you to:
- View certain social media Content from within the App.
- Link from your own social media accounts to certain content in the App.
- Send emails or other communications with certain Content, or links to certain Content, in the App.
- Cause limited portions of Content available within the App to be displayed or appear to be displayed on your own social media accounts.
You may use these features solely as they are provided by us and solely with respect to the Content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any website or social media account that is not owned by you.
We may disable all or any social media features and any links at any time without notice in our discretion.
Modifications and Interruption of Service
The Company reserves the right to suspend or terminate your use of the App at any time for any reason. The Company reserves the right to suspend or terminate your account and to delete any corresponding profile(s). The Company reserves the right to change, suspend, or discontinue any aspect of the App and any products and services available in or through the App at any time without notice and without liability to you or any third party. We do not guarantee continuous, uninterrupted or secure access to the App. The operation of the App may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God.
YOUR USE OF THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT AND ANY ADVICE, SERVICES, OR ITEMS OBTAINED THROUGH THE APP, ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITH ALL FAULTS. THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION THAT (A) THERE WILL BE NO INTERFERENCE WITH YOUR USE OF THE APP; (B) THE APP WILL FULFILL ANY PARTICULAR PURPOSE, NEED, REQUIREMENT, SPECIFICATION, OR EXPECTATION; (C) THE APP, ITS CONTENT, AND ANY ADVICE, SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE OR COMPLETE; (D) YOUR APPLICATION TO RECEIVE SERVICES WILL BE ACCEPTED OR HONORED ACCORDING TO YOUR SCHEDULE OR ANY STATED SCHEDULE; (E) THE APP WILL BE AVAILABLE, SECURE OR ERROR FREE; (F) ANY ERROR OR DEFECTS IN THE APP WILL BE CORRECTED; (G) THE APP OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (H) THE APP IS LAWFUL, APPROPRIATE, OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE APP. THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE APP.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL THE COMPANY, ITS PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY WEBSITES LINKED TO THE APP, ANY CONTENT IN THE APP OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR SUCH OTHER WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY/WRONGFUL DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
General Representation and Warranty
Termination and Survival
Severability; No Waiver
All feedback, comments, requests for technical support and other communications relating to the App should be directed to the Company at email@example.com.