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These Terms of Service ("Terms") form a legally binding agreement between you, whether as an individual or on behalf of an entity ("you," "Agency," "Agency Admin") and memberson.ly Technologies, Inc. ("memberson.ly," "Company," "we," "us," or "our"). These Terms govern your access to and use of the memberson.ly platform, including any other associated media forms, channels, mobile websites, or mobile applications (collectively referred to as "memberson.ly" or the "Service").
By accessing or utilizing our Service, or by indicating your acceptance in any manner, you confirm that you have read, comprehended, and agreed to abide by all these Terms. IF YOU DO NOT CONSENT TO ALL THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST IMMEDIATELY CEASE USE.
(a) Right to Modify Terms: We retain the right to modify or replace any or all of these Terms at our discretion, and we may do so at any time for any reason.
(b) Changes to Terms: Modifications will be made periodically, and it is your responsibility to stay informed about them. If we introduce changes with which you are uncomfortable, it is your responsibility to discontinue using the Service.
(c) Continued Use: Your continued use of the Service signifies your agreement with our current Terms.
(d) Service Alterations: You acknowledge that the Service is continually evolving, and we may alter aspects of the Service and its functionality from time to time.
(a) Requirement of memberson.ly Account: To access, modify, or utilize our Service, you must establish an account with us. When creating this account, you must provide accurate and up-to-date information. Agencies are responsible for managing both their agency account and all creator accounts within their agency's dashboard. It is crucial that you maintain and update your information and any other details provided to us.
(b) Password Maintenance: You are responsible for maintaining your own password. If you are an agency account administrator, you are accountable for the login credentials of the agency. Individual accounts are responsible for maintaining their own passwords. We do not store or retain this information. In case you forget your password, you can email [email protected] and verify your identity for a password reset. Agencies are not allowed to reset creator account passwords without written permission from the creator. You agree not to disclose your password to any third party and are responsible for safeguarding the password you use. You will be fully accountable for any activities related to your account or password. You must promptly notify us of any security breach or unauthorized use of your account.
(c) Selection of Appropriate Username: You may not use as a username the name of another person (e.g., well-known personalities or a name with which you have no affiliation), brand, or entity, a name that is not lawfully available for use, or a trade name that is subject to the rights of another person or entity, or a name that is offensive, vulgar, or obscene. If issues arise regarding the use of specific usernames, such as claims by another person that your username infringes upon their name, we will evaluate the situation reasonably and may require you to change your username (and we may then reassign your username). If you refuse to comply with this request, we may suspend or terminate your user account. Importantly, we do not permit "domain squatting" or similar practices, and we may reclaim and reassign usernames that we reasonably believe were created for such purposes. You can voice any concerns with us concerning usernames.
(d) Responsibilities Regarding Account Use: You must not use your user account, or allow it to be used, in a manner that, at our discretion, may harm or impair the Service or our reputation, infringe or violate any third-party rights, or contravene any applicable laws or regulations. Agencies managing creator accounts must provide evidence of their right to manage each creator in their dashboard. memberson.ly is not responsible for how agencies manage each creator's memberson.ly page.
(e) All Sales Are Final: No refunds will be issued, except at memberson.ly's discretion in cases of fraud, deception, or content deletion by memberson.ly. If you breach the Terms of Service, your account may be deleted without any refunds being granted.
(a) Posting Your Content: You have the right to post, feature, link, store, share, and otherwise make available information, text, graphics, videos, or other materials on the Page created using our Service ("Content"). You are solely responsible for the Content, including its legality, reliability, ownership, licensing, and appropriateness. This responsibility extends to all Agencies managing Creator accounts who post Content on behalf of their Creators. If any third party owns any portion of the Content, you must ensure that you have all the necessary rights, including licenses, to share that Content on the Page and through our Service.
(b) Granting Us a License: By posting Content on the Service, you grant us the right and license to use, publicly display, and distribute that Content through the Service. You confirm that you have all the required third-party rights and licenses to post such Content. You retain all your rights to any Content you submit, post, or display on the Service and are responsible for protecting those rights. This license allows us to make your Content available to other users of the Service, subject to these terms of service. It also permits us to watermark uploaded Content.
(c) Responsibilities in Posting Content: You agree that:
(d) Record Keeping: You agree to maintain records necessary to demonstrate that your Content complies with these requirements and make them available to us upon reasonable request.
(e) Prohibited Transactions: You are not permitted to sell, license, or purchase any account or data obtained from us or our Service. This includes attempting to buy, sell, or transfer any aspect of your account (including your username), soliciting or collecting login credentials or badges of other users, or requesting or collecting memberson.ly usernames, passwords, email addresses, phone numbers, or access tokens.
(f) Our Right to Monitor and Modify Your Content: We are not obligated to regularly monitor the accuracy or reliability of your Content on the Service. We reserve the right to modify or remove any Content at any time.
(g) Public Disclosure: You acknowledge and agree that all Content you provide on the Service will be publicly available information, and you assume the risks associated with such public disclosures.
(h) Promotion of memberson.ly Service: We may choose to feature your Page and Content (excluding registered trademarks or personal information, unless you agree in writing) on our website or for promotional purposes. You grant us a royalty-free, worldwide, perpetual license to use such Content for these purposes.
(a) Payment Collection and Payouts: All payment collection and payouts will be processed through Stripe. You must adhere to Stripe's terms of service, which can be found here.
(b) Responsibility for Stripe Accounts: Creators and Agencies are responsible for creating their own Stripe accounts to receive payments. Payouts are managed via Stripe, and memberson.ly does not control or manage the payout structure between Agencies and Creators. memberson.ly is not responsible for the destination Stripe account to which payments are sent.
(c) Transaction Fees: Transaction fees are listed on the platform and may be subject to change.
(d) Transaction History and Inquiries: To access transaction history or make general payout inquiries, please email [email protected].
(a) Intellectual Property Rights: This section encompasses all industrial and intellectual property rights across the globe, including copyrights, patent rights related to inventions or discoveries, registered and unregistered trademarks (including service marks), trade names, brand names, indications of source or appellations of origin, know-how, software, circuit layouts, and all other rights resulting from intellectual activities in industrial, scientific, or artistic fields.
(b) Non-Transfer of Our Intellectual Property Rights: Our Service is safeguarded by trademarks, and you may not employ our trademarks or trade names in connection with any product or service without obtaining our prior written consent. These terms of service do not entail the transfer of any Intellectual Property Rights from us to you.
(c) Your Limited Rights to Use the Service: You are allowed to use the Service solely in accordance with our authorization, which includes adherence to these terms and conditions. As a user, you are granted a restricted, non-exclusive, revocable, non-transferable right to use the Service for purposes such as creating, displaying, using, playing, and uploading Content, subject to the provisions of these terms of service.
(d) Prohibited Uses of the Service: It is strictly prohibited to use the Service in connection with products or services that are not affiliated with us or that could potentially harm our reputation.
(e) Responsibility for Posted Material: Opinions, advice, statements, services, offers, or other information or content expressed or made available by other users are solely the opinions of those respective authors or distributors and do not reflect our views.
(f) Your Responsibilities Regarding memberson.ly Content: In the event that we supply you with images, icons, video, graphics, or other content (memberson.ly Content) for use in connection with the memberson.ly Service, you must adhere to the following:
(1) Use memberson.ly Content exclusively on your Page and refrain from using it elsewhere.
(2) Comply with any reasonable written guidelines or terms, which may be provided by third parties, related to the memberson.ly Content that we provide to you.
(a) Limitation of Liability: You acknowledge and agree that we shall not be held liable for any damages resulting from your use of the Service, or the copying, distribution, or downloading of Content from the Service.
(b) Exclusion of Certain Damages: In no event shall either party be liable for any indirect, punitive, special, incidental, or consequential damages, including but not limited to loss of business, revenue, profits, use, privacy, data, goodwill, or other economic advantages, regardless of the basis for such damages, whether it be a breach of contract or in tort (including negligence), even if the relevant party has been advised of the possibility of such damages.
(c) Your Responsibility for Usage: You are solely responsible for ensuring the adequate security, protection, and backup of data, Content, and equipment used in connection with your use of the Service. You shall not hold us liable for lost data, re-run time, inaccurate instructions, work delays, or lost profits resulting from the use of the Service. Additionally, you must not assign or otherwise transfer your account to another individual.
(d) Indemnification: You shall indemnify us against any losses we incur as a result of your breach of these terms of service or any third-party claims made against us regarding your Content.
Disclaimer: The Service may contain links to other websites, content originating from third parties, or features like banners and advertisements that link to external websites. These external links are not examined, monitored, or verified for accuracy, adequacy, validity, reliability, availability, or completeness by us.
(a) No Endorsement of Third-Party Services: These services are provided by us on an "as-is" and "as available" basis. We make no representations or warranties, whether express or implied, regarding the operation of the Service. You expressly agree that your use of the Service is at your own risk.
Neither we nor any party associated with us make any warranties or representations concerning the completeness, security, reliability, quality, accuracy, or availability of the Service. We do not guarantee that the Service will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that it is free of viruses or other harmful components, or that it will meet your needs or expectations.
We hereby disclaim all warranties, whether express or implied, statutory, or otherwise, including but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose. This disclaimer does not affect any warranties that cannot be excluded or limited under applicable law. Unless otherwise stated, we do not endorse or make any warranties or representations regarding any third-party product or service, and your use of such third-party products or services may be subject to separate terms and conditions that you are responsible for reviewing and accepting.
(b) Third-Party Service Terms and Conditions: You must comply with the terms and conditions that you have separately agreed to or that we have clearly indicated as applicable to any third-party service used in conjunction with the Service. For your convenience, here is a link to the YouTube Terms of Service: https://www.youtube.com/t/terms. memberson.ly does not collect or store YouTube API data from users' devices. Here is a link to the Google Privacy Policy: https://policies.google.com/privacy?hl=en-US.
(c) No Refunds: We do not offer refunds for any amounts you have paid to a third party.
Suspension or Cancellation of Account: If you disagree with the terms and conditions of third-party services, we may suspend or terminate your user account or restrict the relevant functionality accordingly.
These Terms shall be governed and construed in accordance with the laws of State of California without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
By using Service or other services provided by us, you acknowledge that you have read these Terms of Service and agree to be bound by them.
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