GENERAL TERMS AND CONDITIONS FOR USING THE SERVICES AVAILABLE THROUGH THE WEBSITE MY10KPAYDAY.COM.
1. ACCEPTANCE OF THE TERMS
Thank you for using MY10KPAYDAY.COM. These General Terms and Conditions (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the MY10KPAYDAY website at MY10KPAYDAY.COM (the “Website”), including but not limited to delivery of information via the Website.
Please read these Terms carefully.
By accessing or using the Website, you are agreeing to these Terms and concluding a legally binding contract with MY10KPAYDAY, a company incorporated and existing under the laws of the USA (“MY10KPAYDAY”). Do not access or use the Website if you are unwilling or unable to be bound by the Terms.
You can accept the Terms by:
MY10KPAYDAY is a commercial company, providing the Services administered through the Website
“We”, “us” or “MY10KPAYDAY” refers to MY10KPAYDAY.COM.
MY10KPAYDAY (https:// MY10KPAYDAY.COM) is a web- based Internet platform, owned by MY10KPAYDAY, a company incorporated and existing under USA
“User” or “you” or “your” refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of practicing CPA marketing, sharing, displaying, hosting, publishing, transacting, uploading information, viewing pictures, and includes other persons jointly participating in using the Services.
“Services” include any and all services, which MY10KPAYDAY may offer to the User, through the Website.
“User Account” is a separate part of the Website, containing User information required by MY10KPAYDAY during registration. The User Account is accessed by the User through entering an email, username and a password.
“Content” will include (but is not limited to) tutorials, programs, images, photos, audio, video, location data and all other forms of information or data.
“MY10KPAYDAY Content” means content that MY10KPAYDAY.COM creates and makes available in connection with the Services, including, but not limited to: visual interfaces, interactive features, graphics, design, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with the activities associated with your User Account and all other elements and components of the Services and third party content. “Third Party Content” means content that comes from parties other than MY10KPAYDAY or its Users and is available in or through the Services.
3. USING THE SERVICES
You hereby represent and warrant that you are at least fourteen (14) years of age or above and are fully able and competent to understand and agree with the terms and conditions, obligations, affirmations, representations, and warranties set forth in those Terms.
Compliance with the laws
You are responsible for complying with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and the applicable law and in a manner that does not violate our legal rights or those of any third parties.
The Website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
You must create a User Account and provide certain information about yourself in order to use (some of) the Services that are offered through the Website. You are responsible for maintaining the confidentiality of your User Account password. You are also responsible for all activities that occur in connection with your User Account. You agree to notify us immediately of any unauthorized use of your User Account. We reserve the right to close your User Account at any time for any or no reason.
Communications from MY10KPAYDAY
By creating a User Account, you agree to receive certain communications in connection with the Website. For example, you might receive information from the MY10KPAYDAY support staff. You may also receive our weekly e-mail newsletter, from which you can opt-out.
4. CHANGES TO THE TERMS
MY10KPAYDAY may amend, change or update these Terms and Conditions, from time to time, entirely at its own discretion. You shall be responsible for checking these Terms, from time to time, and ensuring continued compliance with these Terms. Your use of the Services after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed Terms and an assent to be bound by such changed/amended Terms
5. TRANSLATION OF THE TERMS
MY10KPAYDAY may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with MY10KPAYDAY . In case there are any inconsistencies between the English version of the Terms and its translated versions, the English version of the Terms shall prevail.
Responsibility for your content
If you write a review or give feedback, you represent and warrant that you are the sole author of that review; the review reflects an actual experience that you had using our services; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to post a review that was not a fair expression of your honest opinion. USER REVIEWS DO NOT REFLECT THE OPINION OF MY10KPAYDAY
Right to use your content.
By submitting your content you hereby irrevocably grant us a perpetual, irrevocable, non-exclusive, royalty-free right to use the published content
By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote and create derivative works.
You grant us the right to use the name or username that you submit in connection with your content. You irrevocably waive, any claims and assertions of moral rights with respect to your content brought against us, any third party services and our and their users.
Ownership of Content
We own the MY10KPAYDAY Content, including, among others, visual interfaces, interactive features, graphics, design, compilations, including (but not limited to) our database of user content and other Website Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Website, excluding user content and Third Party Content. We also own the copyrights, trademarks, trade names, and other intellectual and proprietary rights (“IP Rights”), associated with the MY10KPAYDAY Content, the Website. This means that you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the MY10KPAYDAY Content, in whole or in part, except as expressly authorized by us.
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Users in our sole discretion.
Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content or engage in any activity that, in our sole discretion:
Apart from that, the User agrees not to:
When a particular action is not explicitly referred to in this clause, but is an obvious violation of Art. 7, the clause should be interpreted broadly, in favour of MY10KPAYDAY , and this action should be considered as if it was included in this clause
8. RELATIONSHIP WITH OTHER GUIDELINES AND POLICIES
9. THIRD PARTY WEBSITES AND CONTENT
The Services may contain, or you may be sent through the Website to, links to other websites (“Third Party Websites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other Content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, safety or completeness by MY10KPAYDAY and MY10KPAYDAY is not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through the Website.
You agree that we are not responsible for the availability or Third Party Content of such Third Party Websites. Your use of Third Party Websites is solely at your own risk.
The Services may be supported by advertising revenue and may display advertisements and promotions.
Parts of the Website may contain such advertising information or promotional material or other material submitted to MY10KPAYDAY by third parties. Responsibility for ensuring that material submitted for inclusion on the Website complies with the applicable international and national laws is on the party providing the information/material. Your correspondence or business dealings with, as well as the participation in promotions of, advertisers other than MY10KPAYDAY , found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser.MY10KPAYDAY will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertisers on the Website.
11. USER FEEDBACK. SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual right to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, against MY10KPAYDAY and its users, any claims and assertions of any moral rights contained in such Feedback.
Payment is done exclusively via PayPal. Payments via credit or debit card are also possible via the PayPal interface. All credit/debit cardholders are subject to validation checks and prior authorisation by the card issuer. If you are not using your own PayPal account, credit or debit card to pay for the subscription or order, you must ask the permission of the PayPal account holder or credit or debit cardholder before entering the payment details. By clicking “Submit” you are confirming that you have obtained the express prior permission of the PayPal account holder or credit or debit cardholder. Following clearance, payment will be debited from your account upon receipt of your subscription/order by MY10KPAYDAY.
If the issuer of your payment card refuses to authorise payment to MY10KPAYDAY , we will not be able to process your subscription request or order and a message will appear informing you that the transaction cannot be processed. MY10KPAYDAY , together with its business partners, takes all reasonable care to ensure that its payment system is secure. All PayPal and payment card transactions made through the Website are processed using a secure online payment gateway (Secure Socket Layer (SSL) technology) that encrypts your card details in a secure hosting environment. We do not hold your payment card details on the MY10KPAYDAY server.
You are responsible for maintaining the confidentiality of your username, password and your User Account, as well as all activities that occur under your User Account.
You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective directors, owners, employees, agents, representatives and assigns harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions) incurred by the abovementioned in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Website and/or your User Account. You agree to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you. We will use reasonable efforts to notify you of any such claim, action or proceeding.
14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT, PERMITTED BY THE APPLICABLE LAW, MY10KPAYDAY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FACT THAT: (I) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE MAY BE TRADED OR SUITABLE FOR A SPECIFIC PURPOSE, (II) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION AND ERRORS, (III) DEFECTS WILL BE RECTIFIED, (IV) THERE ARE NO BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, FOLLOWING THE ACTIONS OF THIRD PARTIES, (V) THE SECURITY METHODS USED WILL BE SUFFICIENT FOR THE PROTECTION OF THE SERVICES AND THEIR USERS, AND (VI) WITH REGARD TO THE CORRECTNESS, ACCURACY OR RELIABILITY, THERE WILL BE NO LOSS OF DATA, CONTENT OR INFORMATION.
DOWNLOADING OR OTHERWISE OBTAINING MATERIALS THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE, TABLET OR OTHER DEVICE OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL. MY10KPAYDAY 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 RELATED TO THE MY10KPAYDAY SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. THE COMMUNICATION WITH MY10KPAYDAY , WHETHER WRITTEN OR ORAL, IN CONNECTION TO, TROUGH THE OR AS A RESULT OF USING THE SERVICES SHALL NOT CREATE ANY WARRANTIES NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING, YOU AGREE THAT WHEN USING THE SERVICES, YOU WILL NOT USE ANY TRADEMARK, TRADE NAME OR LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY TO CAUSE CONFUSION ABOUT THE OWNER OF SUCH MARKS, NAMES OR LOGOS.
MY10KPAYDAY MAKES NO PROMISES WITH RESPECT TO ANY THIRD PARTIES THAT CAN BE SEEN ON THE WEBSITE OR OTHER USERS OF THE SERVICES. MY10KPAYDAY IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE ON THE WEBSITE.
YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK.
MY10KPAYDAY ‘S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO USD 100.
MY10KPAYDAY DISCLAIMS LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS AND RESULTING DAMAGE, (III) BUSINESS INTERRUPTION, (IV) REPUTATIONAL HARM, OR (V) LOSS OF INFORMATION OR DATA.
15. NO WAIVER OF RIGHTS
Our failure to enforce any rights granted in this Agreement or to take action against any other party in the event of any breach shall not be deemed a waiver by us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
18. GENERAL TERMS
Effective Date: 1 February 2020