PENNILOOP Terms & Conditions
Penniloop allows consumers to provide content for a variety of service companies with whom they have had actual experiences. As a Service Provider, on behalf and as representative of a Service Provider ("You" or "Company"), You are permitted to use the web site (www.Penniloop.com) (the "Website") and the information contained therein subject to the terms and conditions contained in this User Agreement, which may be modified, amended or replaced by Penniloop from time to time at Penniloop sole discretion (collectively, the "Agreement"). Such modifications will become effective immediately upon the posting thereof.
In consideration of Penniloop granting the Company access to its Website and the information contained therein, and in order to use the Website, You must read and accept all of the Terms and Conditions in, and linked to, this Agreement. It is the Company's responsibility to review this Agreement on a regular basis to keep itself informed of any modifications. BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE COMPANY ACKNOWLEDGES IT HAS READ, UNDERSTANDS AND AGREES TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
1. Users may submit information (collectively, "User Content") for themselves or others. If a User disputes any User Content, the User's sole course of action with respect to such User Content as it relates to Penniloop and the Website is to utilize the Services (as defined below) which are available online at the Website.
2. By agreeing to the Terms and Conditions of this Agreement, Penniloop grants a limited license to access and use the Website, Apps, and the Services. Notwithstanding the foregoing, users acknowledge and agree that they will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit the Website (or any of the content therein including, without limitation, any User Content or any User profiles) or Services for any commercial or other purpose, without the express written consent of Penniloop.
3. Penniloop does not endorse and is not responsible or liable for any User Content, data, advertising, products, goods or services available or unavailable from, or through, Penniloop. The statements, information and ratings contained in any User Content are solely the opinion of the User submitting such User Content and do not reflect the opinion of Penniloop or any of its affiliates or subsidiaries or any of their respective owners, managers, officers, employees, agents or representatives.
4. Uers acknowledge and understand that Penniloop simply acts as a passive conduit and an interactive computer provider for the publication and distribution of User Content and User Content. Penniloop does not have any duty or obligation to investigate the accuracy of User Content or the quality of the work performed by the User or any other Service Provider which is the subject of any User Content. By using the Services, Users agree that they solely the Users responsibility to evaluate the Users risks associated with the use, accuracy, usefulness, completeness, appropriateness or legality of any information, responses, writings or other materials that the User submits, transmits or otherwise conveys through the Services (collectively, "User Content"). Under no circumstances will Penniloop be liable in any way for any User Content or User Content including, but not limited to, any User Content or User Content that contains, errors, omissions or defamatory statements, or for any loss or damage of any kind incurred as a result of the use of any User Content or User Content submitted, accessed, transmitted or otherwise conveyed via the Services or otherwise. Users hereby waive any claims, rights or actions that it may have against Penniloop or any of its affiliates or subsidiaries with respect to any User Content or user Content and releases Penniloop and each of its affiliates and subsidiaries from any and all liability for or relating to User Content or User Content. Users agree to indemnify and hold Penniloop and each of its affiliates and subsidiaries and their respective owners, managers, officers, employees, agents or representatives harmless for any damages that may arise, directly or indirectly, from any claim or right it may have against Penniloop with respect to any statements made by a User or User Content submitted by a User which is communicated, posted or published by Penniloop on its Website or to a third party.
5. The User acknowledges and agrees that the User can neither require Penniloop to place the User on it's Website nor remove any User Content from Penniloop. The User further acknowledges and understands that the User is not a member of Penniloop, cannot refer to itself as an affiliate of Penniloop, and is not afforded the same access to the Website as an employee nor the benefits afforded to such.
6. Individuals affiliated with the User including, without limitation, current or former customers, owners, current or former employees or officers, family users, or current or former partners, investors, managers or directors (collectively, the "Affiliated Persons") may not submit derogatory or fraudulent User Content on Penniloop. The User hereby acknowledges and agrees that any User Content shared with Penniloop may immediately remove such User Content without notice or recourse against Penniloop.
7. User Content shall not contain any unauthorized content which includes but is not limited to:
- a. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.);
- b. Comments that do not address the User Content or comments with no qualitative value as determined by Penniloop in its sole discretion;
- c. Content that contains personal attacks or describes physical confrontations and/or sexual harassment;
- d. Posts that ask for money without commercial nature, or are inappropriate based on the applicable subject matter;
- e. Language that violates the standards of good taste or the standards of the Website, as determined by Penniloop in its sole discretion;
- f. Content determined by Penniloop, in its sole discretion, to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity;
- g. Language intended to impersonate other users (including names of other individuals) or to be offensive or inappropriate user names or signatures; and/or
- h. Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information. The User acknowledges and agrees that Penniloop in its sole discretion may remove without notice any User Content or any portion thereof that Penniloop believes violates the foregoing.
8. Penniloop may suspend, restrict or terminate the User's use of the Services or any portion thereof if the User breaches or fails to comply with any of the Terms and Conditions of this Agreement.
9. Although Penniloop does not claim ownership of any User Content or other communications or materials submitted by or given by the User to Penniloop, by providing User Content for the Website, Apps, or other mediums, the User automatically grants, and the User represents and warrants that the User has the right to grant, to Penniloop an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such User Consent and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Penniloop with User Content, the User automatically grants Penniloop all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of User Content on the Website, Apps, or in any other medium by any other party. No compensation will be paid with respect to Penniloop use of User Content. Penniloop is under no obligation to post or use any of User Content or maintain User Content. Penniloop may remove User Content at any time in Penniloop sole discretion.
10. It is the User's sole responsibility to review and monitor any User Content regarding the User that is posted by users and to submit responses it deems necessary to any User Content. Penniloop does not have any obligation to provide a notice or update to the User with respect to any new information or User Content that it learns of or receives about the User from its users.
11. The User has the sole responsibility of updating any and all of its information on the Website and Apps including, without limitation, the User's description and profile information.
12. The User agrees not to use or cause any robot, bot, spider, other automatic device, or computer program routine or manual process to monitor, duplicate, take, obtain, transfer, modify, use, reproduce, aggregate or copy Penniloop, any User Content, any User profiles, User Content (including User profiles) or any other content contained on the Website, Apps, or any other publication of Penniloop. You shall not use or cause any device, software, or routine to interfere or attempt to interfere with the proper working of the Website.
13. The User hereby represents and warrants to Penniloop that (a) all information provided to Penniloop by the User is true, complete and accurate in all respects, and (b) the User is authorized to submit information to Penniloop. Penniloop is authorized by the User to rely upon the truthfulness, completeness and accuracy of User Content in order to serve its users.
14. The User acknowledges that the Website utilizes one or more website analytic services, including, without limitation, technology which may record user traffic. These services do not collect personally identifiable information that is not voluntarily entered into the Website by the user. Penniloop uses the information collected by these service providers to improve the usability and other features of the Website.
15. The User acknowledges that Penniloop will use the telephone numbers, email addresses and facsimile numbers that are submitted to Penniloop in connection with registering with Penniloop to contact the User with information regarding Penniloop use. Penniloop agrees not to sell, trade, rent or share such information with any third parties.
16. The User agrees to refrain from publishing potentially sensitive information on Penniloop Website, Apps, or publications.
17. To the extent a third party posts or submits any User Content or manages the User's profile or information on the Website and Apps, the User hereby acknowledges and agrees that the User shall remain fully responsible for any User Content or information posted or submitted by such third party.
18. The User agrees unless expressly authorized by Penniloop not to access, copy, duplicate use, reproduce, alter, modify, create derivative works, display, sell, re-sell, advertise or market with or otherwise exploit for any commercial, educational or other purpose any User Content, any User profiles, any User profiles, or any other content from the Website or Penniloop including, without limitation, any interactions and other content contained in any User Content.
19. Penniloop is the owner and/or authorized user of any trademark and/or service mark, including, without limitation, the name "Penniloop", appearing on the Website and Apps, and is copyright owner or licensee of the content and/or information on the Website. By placing them on the Website and Apps, Penniloop does not grant the User any license or other authorization to copy or use its trademarks, service marks, copyrighted material, or other intellectual property, except as provided herein.
20. Penniloop reserves the right to exercise any rights or remedies which may be available to it against the User if the Terms and Conditions of this Agreement are violated by the User. These remedies include, but are not limited to, revocation of (a) user access and any associated license, (b) advertising privileges, (c) use of the Services, or (d) appearances on the Website and/or any other appearances in any Penniloop's publication, and User agrees that the exercise of one remedy shall not preclude the availability of any other remedy.
21. The User understands and agrees that, because damages resulting from User's breach of this Agreement are difficult to calculate, if it becomes necessary for Penniloop to pursue legal action to enforce the Terms and Conditions of this Agreement, the User will be liable to pay Penniloop the following amounts as liquidated damages, which the User accepts as reasonable estimates of Penniloop's damages for the specified breaches of this Agreement:
- (a). If the User posts User Content in violation of this Agreement, the User agrees to promptly pay Penniloop One Thousand Dollars ($1,000) for each item of User Content posted in violation of this Agreement. Penniloop may (but is not required) issue the User a warning before assessing damages.
- (b). If the User exploits for any purpose (commercial or otherwise) any User Content, User profiles or any other information contained on the Website including, without limitation, any violation of this Agreement, the User agrees to pay Ten Thousand Dollars ($10,000) per report, record or review exploited.
- (c). If the User uses or causes any robot, bot, spider, other automatic device or computer program routine or any manual process to monitor, duplicate, take, aggregate, obtain, modify, use, reproduce or copy any User Content, any User profiles, User content (including User profiles) or any other content contained on the Website or in any other publication of Penniloop, the User agrees to pay One Hundred Dollars ($100) for each infraction of content, post, profile or other information that is monitored, duplicated, transferred, taken, obstructed, modified, used, reproduced, aggregated or copied.
- (d) Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, the User agrees to pay the actual damages suffered by Penniloop to the extent such actual damages can be reasonably calculated.
Notwithstanding any other provision of this Agreement, the User reserves the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
22. THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT PENNILOOP WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Penniloop HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR USER CONTENT; (D) USER CONTENT THE USER MAY SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICES OR THIS AGREEMENT; (E) STATEMENTS OR CONDUCT OF ANY User OR OTHER THIRD PARTY THROUGH THE SERVICES; (F) ANY OTHER MATTER RELATING TO THE SERVICES; (G) ANY BREACH OF THIS AGREEMENT BY PENNILOOP OR THE FAILURE OF PENNILOOP TO PROVIDE THE SERVICES UNDER THIS AGREEMENT; (H) ANY USER CONTENT POSTED; OR (I) ANY OTHER DEALINGS OR INTERACTIONS THE User HAS WITH ANY SERVICE PROVIDER (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to the User. TO THE EXTENT PENNILOOP IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES, PENNILLOP'S LIABILITY FOR DAMAGES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
23. This Agreement and the relationship between the User and Penniloop will be governed by the internal laws of the State of Indiana, notwithstanding the choice of law provisions or conflict of law analysis of the venue where any action is brought, where the violation occurred, where the User may be located or any other jurisdiction. The User agrees and consents to the exclusive jurisdiction of the state or federal courts located in Indianapolis, Indiana and waives any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Penniloop may elect, in its sole discretion, to litigate the action in the county or state where any breach by the User occurred or where the User can be found. The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
24. In the event this Agreement is terminated, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 5, 7, 10, 21, 22, 23, 24, 25 and 27.
25. The User agrees to indemnify and hold Penniloop and each of its affiliates and subsidiaries and each of their respective owners, officers, agents, managers, partners, employees, agents and representatives harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees (whether incurred in enforcing this Agreement or otherwise), made by any third party due to or arising out of the User's use of Penniloop.
26. Penniloop may modify or restate the Terms and Conditions of this Agreement and such modification(s) will be effective immediately upon being posted on the Website. Penniloop will make note of the date of the last update to the Agreement on the first page of this Agreement. The User is responsible for reviewing these terms and conditions regularly. The User's continued use of the Services after such modifications will be deemed to be the User's conclusive acceptance of all modifications to this Agreement.
27. The User agrees that Penniloop shall be entitled to payment from the User for any and all out-of-pocket costs, including, without limitation, attorneys' fees, incurred by Penniloop in connection with enforcing these Terms and Conditions and this Agreement or otherwise.
28. The Services may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications. Penniloop is not responsible for any delays, failures or other damage resulting from such problems.
29. This Agreement may not be re-sold or assigned by the User. If the User assigns, or tries to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Penniloop's rights if Penniloop fails to enforce any of the terms or conditions of this Agreement against the User. In the event a court finds a provision in this Agreement to not be valid, the User and Penniloop agrees that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between the User and Penniloop as a result of this Agreement or use of the Services.
30. The person agreeing to this Agreement and the Terms and Conditions on behalf of the User hereby represents and warrants that he/she has the power and authority to bind the User and that this Agreement and the Terms and Conditions constitutes a valid and binding agreement of the User.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.