Terms and conditions
Pippa Inc. (“Pippa”, “we”, “our” or “us”), provides access to the Pippa website and mobile applications (the “Website”), and all current and future services, software and data accessed via the Website, including the Pippa widgets and the Pippa API (the “Services”). The Website and the Services are referred to together in these Terms & Conditions as the “Platform”.
These Terms & Conditions govern your use of the Platform. They apply solely to the Platform and not to any other website or any offline activities of Pippa (unless stated). By accessing or using the Platform (including but not limited to accepting, uploading, submitting or downloading any information or content from or to the Website and/or use of the Services) you agree to be bound by these Terms & Conditions.
1. Changes to the Platform and the Terms & Conditions
We reserve the right to add, delete or amend parts of these Terms & Conditions at our sole discretion and at any time without prior notice to you. We will post any changes to the Terms & Conditions on this page and will indicate the effective date of the revised Terms & Conditions at the top of the page. It is important for you to refer to these Terms & Conditions from time to time to make sure that you are aware of any changes that we may have made. By continuing to use the Platform you are agreeing to be bound by the revised Terms & Conditions.
2. Description of Website and the Services
Access to the Platform currently provides users with access to the Services and further online tools and resources such as audio, personalised content, social features and targeted advertising messages. The Platform enables you to upload, share and discover audio and personalised content with all other users on the Platform. Unless otherwise stated, any new features or tools which are added to the Website and/or the Services are subject to these Terms & Conditions. It is possible that these Terms & Conditions and a separate end user licence or similar agreement may apply to a bespoke service or product offered by Pippa. In this case, these Terms & Conditions will also apply to any licence or similar agreement, unless stated otherwise in the relevant licence or other agreement. We may add, amend or remove any aspect of the Website and/or the Services at any time without notice. We may also impose limits on certain features and/or restrict access to parts of or all of the Platform without notice or liability to you or any third party.
In order to use the Website, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.
3. Subscription plans and payments
Pippa provides its services to users on a subscription basis, that is, in which users pay Pippa at regular intervals (e.g., monthly or yearly) for services rendered during that period.
These services are bundled into “Plans”, which may have different Periods, Prices, and associated services.
Users may subscribe to Pippa’s Plans directly through the Platform or by way of private agreement with Pippa. In so doing, the user agrees to the payment terms set forth in the description of the Plan at the time of the agreement.
The “Signup Date” is the date and time, in the user’s local time zone, on which the user subscribes to one or more of Pippa’s Plans.
“Periods” refers to the time interval over which services are delivered and the time interval for which payment from the user is required.
The “Renewal Date” is the date and time, in the user’s local time zone, on which the user renews the user’s subscription to one or more of Pippa’s Plans.
The “Termination Date” is the date and time, in the user’s local time zone, on which the user’s contract with Pippa ends, and subsequent to which there is no continued subscription agreement. Unless stated otherwise, the “Termination Date” is one Period’s length subsequent to the Renewal Date or the Signup Date, whichever is later.
Subscriptions to the Plans are presumed to be ongoing. That is, they will be renewed in perpetuity,
- for the Period stated in the plan (e.g., monthly or yearly), and
- subject to the terms of the plan (e.g., maximum 5,000 downloads per month, distribution to Spotify, etc.)
unless and until expressly stated and agreed to otherwise and a Termination Date is agreed.
Neither Pippa nor the user is under any obligation to renew the user’s Plan beyond the Termination Date.
Either Pippa or the user may elect to terminate the user’s Plan, for any reason and at any time during the Period of service. In such case, the Termination date will be the final date of service, and the plan will not be renewed following that date.
In order to cancel or terminate the plan, the user or Pippa must communicate by email or Intercom chat service the intention to cancel the plan at least 24 hours prior to the renewal of the plan—i.e., 24 hours prior to the Termination Date. In the case of email communication, such messaging must take place between the user’s official email address (the email address associated with the user’s Pippa account) and Pippa’s email address (email@example.com).
In the event of cancellation, Pippa agrees to terminate service, and remove credit card records and other files of the user. Pippa also agrees to redirect the users RSS feed(s), if any, to a new URL, if requested at the time of cancellation. If the user cancels prior to the end of the Plan’s Period, the user cannot expect—and Pippa is under no obligation to provide—a refund or proration of payment for the time remaining on the period.
Payment is due from the user at the commencement or renewal of each plan’s period, following any free trial period. So, for example, a user who signs up for the ‘Influencer Yearly’ plan, will pay for a year’s worth of Pippa’s Services at the start of the user’s plan, following any trial period specified by that plan. Unless expressly agreed otherwise, payment must be made in full using Pippa’s preferred payment provider through credit or debit cards on the Platform.
On Pippa’s website or in other communications, Plans will state their prices for the period of service, and may also state an effective monthly price or overall discount. For example, the ‘Growth Yearly’ plan is stated as ‘$12 per month billed yearly’. That is, the Period is one year; it is a year’s worth of service, and the user will be billed $12 x 12 (months) = $144 at the commencement of the Period. This is contrasted with the ‘Growth Monthly’ Plan, for example, in which the Period is a month, and the price is, according to the Plan, $15 per month, billed monthly.
In order for the user’s account to be in good standing, payment must be made in a timely way, that is, within two weeks of the commencement or renewal of the plan. If the user fails to render payment in this time frame, the user will be considered delinquent. In case of delinquency, Pippa reserves the right to suspend service to the user, which may include revoking access to the Platform and/or the removal of the user’s podcast files.
In exchange for timely payment, Pippa agrees to provide the services described in the plan, as far as is reasonably possible, and subject to the Terms and Conditions.
The terms of the Plans may change from time to time, for example, to reflect a change in price or services. Such changes shall not be imposed upon the user without adequate notice—that is, notice must be given no less than 72 hours prior to the Termination Date. Such changes will generally be effective only in the next billing cycle, and thus, at the time of notice these changes will not affect the user’s existing Plan or service agreement. Should the user actively acquiesce to the new plan, or passively permit the plan to renew, the user will be understood to have entered into a new subscription to the new Plan; Pippa and the user will be bound by the terms of that Plan.
4. Intellectual Property Ownership and Licence
Copyrights, trademark rights, database rights, design rights and any and all other intellectual property and other rights relating to the Platform existing now or in the future (including but not limited to computer programs, source and object code, documentation, software graphics, text, images, designs, videos, animations, databases, logos, domain names, trade names and trade identities – collectively referred to as the “Content”) are the property of Pippa, its subsidiaries, affiliates and/or licensors.
The Content does not include User Submissions (as defined below) or any other content owned by and submitted by users to the Pippa Platform.
Unless expressly granted in writing by Pippa, no rights in or to the Content except those expressly set forth within these Terms & Conditions are granted to you.
The copying, reproduction, re-arrangement, sale, leasing, renting, lending, distribution, redistribution, modification or adaptation, downloading, sideloading, exchanging, creating of derivative works, uploading, posting, transmitting, communication to the public or publication by you, directly or indirectly, of the Content, including the removal or alteration of advertising, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. You agree to abide by any and all additional notices, information or restrictions in respect of the Platform contained in any part of the Website and/or Services. Exploiting any part of the Platform for a purpose that is not permitted by these Terms & Conditions is expressly prohibited without prior written permission from Pippa or the applicable intellectual property rights holder as identified on the Website.
Subject to your strict compliance with these Terms & Conditions, Pippa grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable licence to:
- listen to audio content streamed from the Website
- submit or upload audio content, images and other content to the Website strictly as permitted in accordance with these Terms & Conditions and any other terms posted on the Website;
- embed Pippa widgets on your personal website, blog or social network profile pages; and
- participate in the Pippa social features and communicate with other members of the Pippa community;
5. Links and Third Party Content
Pippa or third parties may provide links on the Platform to other sites or content (“Other Sites”). For example, Pippa provides links to Facebook or Apple. And, in the course of creating podcasts on The Platform, podcasters may include links Other Sites; for example, a podcast about Venezuela hosted on Pippa may link to the Wikipedia entry for Venezuela.
Pippa has no control over such Other Sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Other Sites or content linked to by the Platform. The Platform provides links to you only as a convenience, and the inclusion of any link on the Platform does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. Access and use of Other Sites, including the information, material, products and services on Other Sites and/or available through Other Sites, is solely at your own risk. When you leave the Platform, our Terms & Conditions no longer govern. You should review applicable Terms & Conditions, including the privacy and data gathering practices, of any Other Sites.
In addition, third party advertisers or commercial partners may offer goods, services and other materials to you on the Platform. Your correspondence and business dealings with others found on or through the Platform and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the relevant third party. Pippa will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other Content on or through the Platform. Descriptions of, or references to, products, services or publications on the Platform do not imply endorsement of that product, service or publication.
6. Our Linking and Widget Policy
You may include links to the Website or include widgets in any website under the following criteria:
- You may link to, but not replicate, the Content;
- You must not imply that Pippa or the Platform are endorsing or sponsoring your website or its products, unless Pippa has given its prior written consent;
- You must not present false information about Pippa or its products or services;
- You must not use any Pippa Content or Services except as expressly permitted in these Terms & Conditions or without prior permission from Pippa;
- The website must not contain content that is illegal, obscene or defamatory.
- The website must not support, endorse or encourage piracy or the unauthorised exploitation of intellectual property rights.
By linking to or embedding a widget in a third party website, you agree that you do and will continue to comply with the above linking and embedding requirements. We reserve the right to deny permission to link to the Website or embed widgets for any reason in our sole and absolute discretion.
Pippa reserves the right to remove links or to block Pippa widgets at any time and for any reason in its absolute discretion.
7. Prohibited Uses
- As a condition of your use of the Platform, you will not use the Platform for any purpose that is unlawful or prohibited by these Terms & Conditions. Access to the Platform from territories where their access or use thereof is illegal is strictly prohibited. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, electronic mail, or privacy.
- You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any portion of the Platform for any purpose.
- You agree not to defame, harass, abuse, threaten, stalk or defraud users or officers of the Platform, or collect, or attempt to collect, personal information about users or third parties without their consent.
- You agree not to intentionally interfere with or damage, impair or disable the operation of the Platform or any user’s enjoyment of it, by any means, including but not limited to uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.
- You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Platform, including but not limited to any features that prevent or restrict the use or copying of any content accessible through the Platform, or features that enforce limitations on the use of the Platform.
- You agree not to attempt to gain unauthorized access to the Platform, or any part of it, other accounts, computer systems or networks connected to the Platform, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform.
- You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Platform. You agree neither to modify the Platform in any manner or form, nor to use modified versions of the Platform, including, without limitation, for the purpose of obtaining unauthorized access to the Platform.
- You agree that you will not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform.
- You agree not to utilize framing techniques to enclose any trademark, logo, or other Content without our express written consent. You agree not to use any meta tags or any other “hidden text” utilizing Pippa’s name or trademarks without our express written consent.
- You will promptly remove any links that Pippa finds objectionable in its sole discretion. You agree not to use any Pippa logos, graphics, or trademarks as part of the link without our express consent.
- You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Platform. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
- You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- You agree not to modify, adapt, translate or create derivative works based upon the Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- You represent, warrant and agree that you will comply with the above acceptable use requirements. Pippa reserves the right, in its sole discretion, to terminate any user’s account or take such other action as Pippa sees fit in relation to any user who partakes in any of Pippa’s prohibited uses or in breach of any of the other terms set forth herein. In extreme cases or as required by law or regulation, Pippa reserves the right to take court action and/or report users to the relevant authorities.
8. User Accounts, Additional Terms, End User License Agreements
In order to access some features of the Platform, you will have to create an account. You agree that the information you provide to Pippa upon registration and, at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. You acknowledge, consent and agree that Pippa may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
- comply with legal processes;
- enforce these Terms & Conditions;
- respond to a claim that any information submitted by a user violates the rights of third parties;
- respond to your requests for customer service; or
- protect the rights, property or personal safety of Pippa, its users and the public.
In some instances, these Terms & Conditions and separate end user licence agreements or terms & conditions that set forth additional conditions may apply to Services or products offered via the Website. To the extent there is a conflict between these Terms & Conditions and the terms of any applicable end user licence or similar agreement, the end user licence or similar agreement will apply, unless the additional conditions expressly state that these Terms & Conditions apply. In cases where there are no additional terms or conditions stated for any such registrations, services or products, these Terms & Conditions will apply.
When you register for a user account you will be asked to provide a username and a password. As you will be responsible for all activities that occur under your username and/or password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your user account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you will immediately notify Pippa. You may be liable for the losses incurred by Pippa or others due to any unauthorized use of your account.
Pippa may decide to run competitions, promotions, prize draws and other opportunities on the Website and these will be governed by a separate set of terms and conditions. A link to these terms and conditions will be found on the Website, alongside details of the specific competition, promotion, prize draw and other opportunities. It is your responsibility to read those terms and conditions for details about the terms that shall apply and any eligibility requirements.
11. Copyrights and Copyright Agents
Pippa aims to respect the intellectual property rights of others. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied, used, or made available on or through the Pippa Website in a way that constitutes copyright infringement of your intellectual property, please contact Pippa with a copyright infringement notice (“Notice”) which should include the following written information:
- a statement that you have identified material on the Website which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable);
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notice, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Pippa to locate the material (e.g. a URL and/or screen shot in which the infringing content can be clearly identified);
- your full name, email address, postal address and telephone number on which you can be contacted;
- a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law;
- a statement by you that the information in the Notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and
- a physical or electronic signature (which may be a scanned copy) of a person authorized to act on behalf of owner of the work that is allegedly infringed.
To contact Pippa with notice of claims of copyright infringement on or regarding the Website, please email firstname.lastname@example.org
If you are unsure about your rights in respect of material, or whether there has been an infringement of your rights, we suggest you take legal advice before sending a Notice to Pippa.
12. User Submissions.
General.The Platform permits the submission and posting or linking of audio, images, commentary or any other content submitted by you and other users (“User Submissions”), and the hosting, sharing, and/or publishing of such User Submissions. User Submissions are displayed for entertainment and informational purposes only and are not controlled by Pippa. Pippa makes no representations that it will publish or use your User Submissions in any way and may or may not use your User Submissions in its sole discretion. You understand that whether or not such User Submissions are published, Pippa does not guarantee any confidentiality with respect to any User Submissions.
Grant of Rights. You shall retain all of your ownership rights in your User Submissions, however, by submitting content to Pippa, you hereby grant Pippa and its affiliates a non-exclusive, limited, fully paid-up, royalty-free, worldwide license to use, distribute, perform and reproduce your submissions in connection with the Pippa Platform. This includes, without limitation, the promotion and redistribution of part or all of the Platform (and derivative works thereof), in any media formats and through any media channels.
You also hereby grant to each user of the Platform a non-exclusive license to access your User Submissions through the Platform, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted by the functionality of the Platform and these Terms & Conditions.
User Submissions Representations and Warranties. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Pippa to use all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in the manner contemplated by Pippa and these Terms & Conditions and to grant the rights and license set forth above, and (ii) your User Submissions, Pippa’s use of such User Submissions pursuant to these Terms , and Pippa’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation.
User Submissions Prohibited Uses. In connection with your User Submissions, you further agree that you will not: (i) publish misrepresentations that could damage Pippa or any third party; (ii) submit material that is unlawful, defamatory, libellous, slanderous, threatening, pornographic, obscene, vulgar, harassing, harmful, hateful, abusive, racially or ethnically offensive or is otherwise inappropriate; (iii) post advertisements or solicitations of business; (v) impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or (v) post User Submissions that would be harmful to minors in any manner.
In any case of violation of any of the above user submission rules and requirements or as required by law or regulation, Pippa reserves the right to take court action and/or report users to the relevant authorities, for instance but not limited to when a user submission becomes subject of a copyright infringement note.
13. Removal of Content
Pippa, its affiliates and other designees shall have the right (but not the obligation) to refuse or remove any Content that is available on the Platform, in whole or in part, at any time for any reason or no reason, with or without notice and with no liability of any kind.
14. Disclaimer of Warranties
THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED “AS IS,” “AS AVAILABLE, ” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PIPPA AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE PLATFORM; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE PLATFORM; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE PLATFORM; (D) THE MESSAGES, CONTENT AND INFORMATION SENT FROM OR THROUGH THE PLATFORM BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) THE TREATMENT OF ANY INFORMATION, CONTENT, MATERIAL OR DATA TRANSMITTED BY USERS TO THE PLATFORM; (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE PLATFORM OR ANY LINKED SITE. PIPPA DOES NOT WARRANT THAT THE PLATFORM, ANY OF THE PLATFORM’ FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PIPPA DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH OR USE OF THE PLATFORM ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, PIPPA SPECIFICALLY DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE PLATFORM, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE, THE SERVICES OR THE CONTENT. FURTHER, PIPPA AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
PIPPA, ITS SUBSIDIARIES OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR ANY OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “PIPPA ENTITIES AND INDIVIDUALS”) SHALL NOT BE LIABLE IN ANY EVENT FOR THE USE OF THE PLATFORM OR ANY OTHER SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE DISCLAIMER MAY NOT APPLY TO THE EXTENT THE LAW OF SUCH JURISDICTION IS APPLICABLE TO THIS AGREEMENT. YOU AGREE THAT YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK.
15. Disclaimers/Limitation of Liability
WITHOUT LIMITATION OF ANYTHING ELSE SET FORTH IN THESE TERMS & CONDITIONS, YOU UNDERSTAND AND AGREE THAT PIPPA FURTHER LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE PLATFORM AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL PIPPA, ITS SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR ANY OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “PIPPA ENTITIES AND INDIVIDUALS”) BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE PLATFORM, THE CONTENT, OR YOUR USER SUBMISSIONS; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE PLATFORM OR ANY OF THE CONTENT OR FEATURES THEREON; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY PIPPA OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE PLATFORM OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS AND/OR COPYRIGHT INFRINGEMENT; (5) ANY ERRORS OR OMISSIONS IN THE PLATFORM’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE PIPPA ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE PLATFORM). NOTHING IN THESE TERMS & CONDITIONS LIMITS OR EXCLUDES PIPPA’S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY ITS PROVEN NEGLIGENCE; (B) THE TORT OF DECEIT; OR (C) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
IF ANY OF THESE TERMS & CONDITIONS ARE DETERMINED TO BE ILLEGAL, INVALID OR OTHERWISE UNENFORCEABLE BY REASON OF THE LAWS OF ANY STATE OR COUNTRY IN WHICH THESE TERMS & CONDITIONS ARE INTENDED TO BE EFFECTIVE, THEN TO THE EXTENT AND WITHIN THE JURISDICTION IN WHICH THAT TERM IS ILLEGAL, INVALID OR UNENFORCEABLE, IT SHALL BE SEVERED AND DELETED FROM THESE TERMS & CONDITIONS AND THE REMAINING TERMS SHALL SURVIVE AND CONTINUE TO BE BINDING AND ENFORCEABLE.
THE PIPPA ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS THE PLATFORM IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE PLATFORM OR THE CONTENT. YOU RECOGNISE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF PIPPA’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY PIPPA AND/OR ITS SUBSIDIARIES, AND/OR AFFILIATES OR YOUR USER SUBMISSIONS, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY PIPPA WEB SITE, SERVICES, PLATFORM, PRODUCT, PROGRAM, MUSIC, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR YOUR USER SUBMISSIONS OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
You agree to indemnify, hold harmless, and keep Pippa, its subsidiaries and affiliates, and their respective owners, officers, managers, members, agents and employees, fully and effectively indemnified with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees arising out of or in connection with these Terms & Conditions, including, without limitation: (a) your use of the Platform; (b) your violation of these Terms & Conditions or any law, rule or regulation; (c) your use of the Content; or (d) your placement or transmission of any of your User Submissions or any other content or materials on or through the Platform. You will cooperate as fully and reasonably as required by Pippa in the defence of any claim. Notwithstanding the foregoing, Pippa retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Pippa herein under the terms and provisions of this Section 15 and in no event shall you settle any such claim without Pippa’s prior written approval.
17. Governing Law
Unless otherwise stated, any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature on the Website or Service are incorporated by this reference into these Terms & Conditions.
You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Platform and the Content, including, without limitation, those governing your transmission or use of any software or data.
These Terms & Conditions and any applicable end user licence or similar agreements contain the sole and entire agreement between PIPPA and its users with respect to the Platform, the Content and User Submissions and supersedes any and all other prior written or oral agreements between PIPPA and its users. If any provision of these Terms & Conditions shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these Terms & Conditions. No waiver on the part of PIPPA of any of these Terms & Conditions will be of any force or effect unless made in writing and signed by a duly authorized officer of PIPPA. Nothing in these Terms & Conditions are intended to confer on any third party (whether referred to in the Terms & Conditions by name, class, description or otherwise) any benefit or any right under any legislation in any country to enforce any provisions of these Terms & Conditions.
You understand and agree that Pippa will determine your compliance with these Terms & Conditions in its sole discretion. PIPPA reserves the right to restrict, suspend, deny or terminate access to all or part of the Website or any Service and to deny access to any person in its sole discretion without notice or liability of any kind. Pippa maintains a policy that provides for the termination in appropriate circumstances of the Website use privileges of users who are repeat infringers of intellectual property rights and/or any other breaches of any of these Terms & Conditions. Any violation of these Terms & Conditions may be referred to law enforcement authorities. Upon termination of your user account or access to the Web Site, or upon demand by Pippa, you must destroy all materials obtained from the Platform and all related documentation.