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PATHS TERMS OF USE AGREEMENT
By accessing or using PATHS’s Services, you agree to be bound by this Terms of Use Agreement (the “Terms” or “Agreement”), including our Privacy Policy, Cookie Policy, and Safety Tips, so it is important that you read this Agreement and these policies and procedures carefully before you create an account.
RIGHTS. IN ARBITRATION, THERE IS TYPICALLY LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
We may update these Terms from time to time, so check this page regularly for updates.
Welcome to PATHS, operated by Versed Technologies As used in this Agreement, the terms “PATHS,” “us,” “we,” the “Company”, and “our” shall refer to PATHs and/or Versed Technologies, as appropriate. Together you and PATHS may be referred to as the “Parties” or separately as “Party.”
By accessing or using our Services on mypathlink.com (the “Website”), the PATHS mobile application (the “App”), or any other platforms or services PATHS may offer (collectively, the “Service” or our “Services”), you agree to, and are bound by this Agreement. This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status.
Your access and use of our Services is also subject to the Privacy Policy, Cookie Policy, Community Guidelines, and Safety Tips, and any terms disclosed and agreed to by you when you purchase additional features, products, or services from PATHS (“Additional Terms Upon Purchase”), which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not access or use our Services.
Subject to applicable law, we reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking this page for any changes. Your continued access or use of our Services constitutes your ongoing consent to any changes, and as a result, you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you must stop accessing or using our Services immediately. Notwithstanding the foregoing, any material changes to the Limitation of Liability in Section 14 and the Dispute Resolution provisions in Section 15 below will require your affirmative acceptance. Further, we reserve the right to change the availability of features in our subscription plans in any manner and at any time as we may determine in our sole and absolute discretion.
Before you create an account on PATHS, make sure you are eligible to use our Services. This Section also details what you can and can’t do when using the Services, as well as the rights you grant PATHS.
If at any time you cease to meet these requirements, all authorization to access our Services or systems is automatically revoked, and you must immediately delete your account, and we retain the right to remove your access to our Services without warning.
You agree to:
You agree that you will not:
The license granted to you under these Terms and any authorization to access the Services is automatically revoked in the event that you do any of the above.
Prohibited Content – PATHS prohibits uploading or sharing content that:
Could reasonably be deemed to be offensive or to harass, upset, embarrass, alarm or annoy any other person;
other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from PATHS or otherwise;
15. The uploading or sharing of content that violates these Terms (“Prohibited Content”) may result in the immediate suspension or termination of your account.
While using our Services, you will have access to: (i) content that you upload or provide while using our Services, even if suggested by our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (“Member Content”); and (iii) content that PATHS provides on and through our Services (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users’ profiles and in direct messages between users.
For additional information on how we moderate content, please see our FAQ here. For additional information on how recommended profiles are ordered, please see our FAQ here.
3a. YOUR CONTENT
You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through Facebook or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.
The content included on your individual profile should be relevant to the intended use of our Services. You may not upload any Prohibited Content, and your content must further comply with the Community Guidelines. You may not display any personal contact, banking information, or peer-to-peer payment information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card, peer-to-peer payment user name, or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We strongly encourage you to use caution in disclosing any personal information online.
Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7 below.
We may provide tools and features to enhance individual expression through Your Content and Member Content (described in Section 3b), and we’re constantly developing new technologies to improve our Services. Certain tools or features may allow you to generate or enhance content based on Your Content. This is still Your Content, and you are responsible for it and its accuracy, as well as your use of it on our Services and any and all decisions made, actions taken, and failures to take action based on Your Content. Be careful in choosing and sharing Your Content.
You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time at our sole discretion. Furthermore, you understand and agree that we have no obligation to display or review Your Content.
3b. MEMBER CONTENT
Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.
You should always carefully review and independently verify Member Content for accuracy. Other users may use tools to generate or enhance content based on the Member Content they provide. Member Content may include biased, incorrect, harmful, offensive, or misleading information. Other users are responsible for their Member Content, as well as any and all decisions made, actions taken, and failures to take action based on their use of Member Content.
You do not have any rights in relation to Member Content, and, unless expressly authorized by PATHS, you may only use Member Content to the extent that your use is consistent with our Services’ purpose of allowing us to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.
3c. OUR CONTENT
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.
We grant you a limited license to access and use Our Content as provided under Section 6 below, and we reserve all other rights.
We are committed to maintaining a positive and respectful PATHS community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services (including, but not limited to, on services operated by our affiliates). We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user directly through the “Report User” link on a user’s profile or in the messaging experience. You may also email PATHS Customer Service at support@mypathlink.com.
As set forth in our Privacy Policy, we may share data between our affiliates for the safety and security of our users and may take necessary actions if we believe you have violated these Terms, including banning you from our Services and/or our affiliates’ services and/or preventing you from creating new accounts. You understand and agree that we may not share information with you regarding your account if doing so would potentially impair the safety or privacy of our other users.
For information about how PATHS and its affiliates collect, use, and share your personal data, please read our Privacy Policy. By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy.
For as long as you comply with these Terms, PATHS grants you a personal, worldwide, royalty- free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by PATHS and permitted by these Terms and applicable laws. This license and any authorization to access the Service are automatically revoked in the event that you fail to comply with these Terms.
By creating an account, you grant to PATHS a worldwide, perpetual, transferable, sub- licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute and otherwise make available to the general public Your Content, including any information you authorize us to access from Facebook or other third- party sources (if applicable), in whole or in part, and in any way and in any format or medium currently known or developed in the future. PATHS’s license to Your Content shall be non-exclusive, except that PATHS’s license shall be exclusive with respect to derivative works created through use of our Services. For example, PATHS would have an exclusive license to screenshots of our Services that include Your Content.
In addition, so that PATHS can prevent the use of Your Content outside of our Services, you authorize PATHS to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. PATHS is not obligated to take any action with regard to use of Your Content by other users or third parties.
PATHS’s license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).
In consideration for PATHS allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to PATHS regarding our Services, you agree that PATHS may use and share such feedback for any purpose without compensating you.
You agree that PATHS may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms;
(iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; (v) protect the rights, property or personal safety of the Company or any other person, or (vi) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing.
PATHS may offer products and services for purchase through iTunes, Google Play, or other external services authorized by PATHS (each, an “External Service,” and any purchases made thereon, an “External Service Purchase”). PATHS may also offer products and services for purchase via credit card or other payment processors on the Website or inside the App (“Internal Purchases”). If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.
Because our Services may be utilized without a subscription, canceling your subscription does not remove your profile from our Services. If you wish to fully terminate your membership, you must terminate your membership as set forth in Section 9.
PATHS operates a global business, and our pricing varies based on a number of factors. We frequently offer promotional rates – which can vary based on region, length of subscription, bundle size, past purchases, account activity, and more. We also regularly test new features and payment options. In the event of a price change for a renewing subscription, we will attempt to notify you in advance of the change by sending an email and/or other communication message to the contact information you have registered for your account. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in that communication and below. If you do not timely cancel your subscription, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. To the extent permissible by law, we reserve the right, including without prior notice, to limit the available quantity of or discontinue making available any product, feature, service or other offering; to impose conditions on the honoring of any coupon, discount, offer or other promotion; to bar any user from making any transaction; and to refuse to provide any user with any product, service or other offering.
8a. EXTERNAL SERVICE PURCHASES AND SUBSCRIPTIONS
When making a purchase on the Service, you may have the option to pay through an External Service, such as with your Apple ID or Google Play account (“your External Service Account”), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you sales tax, depending on where you live, which may change from time to time.
If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, the subscription will automatically continue for the price and time period you agreed to when subscribing. If you received a discounted promotional offer, your price may go up per the terms of that offer following the initial subscription period for any subsequent renewal period.
To cancel a subscription: If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your External Service Account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the App from your device. For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not PATHS. To cancel a purchase made with your Apple ID, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Subscriptions, then find your PATHS subscription and follow the instructions to cancel. You can also request assistance at https://getsupport.apple.com.
Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and go to Menu > My Apps > Subscriptions, then find your PATHS subscription and follow the instructions to cancel. You can also request assistance at https://play.google.com. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.
If you initiate a chargeback or otherwise reverse a payment made with your External Service Account, PATHS may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a PATHS subscription. In the event that your chargeback or other payment reversal is overturned, please contact Customer Care. PATHS will retain all funds charged to your External Service Account until you cancel your subscription through your External Service Account. Certain users may be entitled to request a refund. See Section 8d below for more information.
8b. INTERNAL PURCHASES AND SUBSCRIPTIONS
If you make an Internal Purchase, you agree to pay the prices displayed to you for the Services you’ve selected as well as any sales or similar taxes that may be imposed on your payments (and as may change from time to time), and you authorize PATHS to charge the payment method you provide (your “Payment Method”). PATHS may correct any billing errors or mistakes even if we have already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, PATHS may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a PATHS subscription. In the event that your chargeback or other payment reversal is overturned, please contact Customer Care.
If your Internal Purchase includes an automatically renewing subscription, your Payment Method will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for the price and time period you agreed to when subscribing, until you cancel.
To cancel a subscription, log in to the Website or App and go to the Account section. If you cancel a subscription, you may continue to use the canceled service until the end of your then- current subscription term. The subscription will not be renewed when your then-current term expires.
You may edit your Payment Method information by using the Settings tool and following the link to let your upgrade expire. If a payment is not successfully processed, due to
expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If you reside outside of the Americas, you agree that your payment to PATHS may be through Versed Technologies, LLC, and if you reside in the United States, that your payment to PATHS may be through Versed Technologies, LLC. Certain users may be entitled to request a refund. See Section 8d below for more information.
8c. VIRTUAL ITEMS
From time to time, you may have the opportunity to purchase a limited, personal, non- transferable, non-sublicensable, revocable license to use or access special limited-use features including but not limited to credits redeemable on virtual items, such as Super Like, Boost, Live Credits, or Gifts (“Virtual Item(s)”) from PATHS. You may only purchase Virtual Items from us or our authorized partners through our Services.
Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items.
Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use; however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, on the earlier of when PATHS ceases providing our Services, or your account is otherwise closed or terminated.
PATHS, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. PATHS may manage, regulate, control, modify, or eliminate Virtual Items at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any Virtual Items. PATHS shall have no liability to you or any third party in the event that PATHS exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT PATHS IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS
WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
8d. REFUNDS
For refunds please email support@mypathlink.com.
Your Right to Cancel – You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the Company notice in the same manner as you request a refund as described below.
Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.
If any of the above apply to you and you subscribed using your Apple ID, your refund requests are handled by Apple, not PATHS. To request a refund, please contact your External Service directly; for example, using your Apple device, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Purchase History. Find the transaction and select “Report a Problem.” You can also request a refund at https://getsupport.apple.com. For any other purchase, please contact PATHS Customer Service with your order number (see your confirmation email) by emailing a dated notice which states that you, the buyer, are canceling this Agreement, or words of similar effect. Please also include the email address or telephone number associated with your account along with your order number. This notice shall be sent to: support@mypathlink.com.
You can delete your account at any time by logging into the Website or App, going to “Help”, clicking “Delete account”, and following the instructions to complete the deletion process. Or contacting customer at: support@mypathlink.com.
However, you will need to cancel / manage any External Service Purchases through your External Service Account (e.g., iTunes, Google Play) to avoid additional billing.
PATHS reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if PATHS believes that you have violated these Terms, misused our Services, or behaved in a way that PATHS regards as inappropriate or unlawful, on or off our Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.
If your account is terminated by you or by PATHS for any reason, these Terms continue and remain enforceable between you and PATHS, and you will not be entitled to any refund for purchases made. Your information will be maintained and deleted in accordance with our Privacy Policy.
YOU UNDERSTAND THAT PATHS DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. PATHS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, HEALTH, PHYSICAL CONDITION, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. PATHS RESERVES THE RIGHT TO CONDUCT – AND YOU AUTHORIZE PATHS TO CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. SEX OFFENDER SCREENINGS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING THE SAFETY TIPS AND OTHER SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY PATHS, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.
Though PATHS strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.
PATHS PROVIDES OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PATHS DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE DISCOVERED OR CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, OR APPROPRIATE FOR YOUR PURPOSES. FURTHERMORE, PATHS MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.
PATHS ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, RECEIVES, AND/OR ACTS ON THROUGH OUR SERVICES, NOR DOES PATHS ASSUME ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE WITH THROUGH PATHS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. PATHS IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, HACKING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER DISRUPTION OR MALFUNCTION.
PATHS has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following:
Any DMCA Takedown Notices should be sent to: support@mypathlink.com.
PATHS will terminate the accounts of repeat infringers.
Our Services may contain advertisements and promotions offered by third parties and links to other websites or resources. In addition, our Services may allow you to watch an advertisement in exchange for Virtual Items; PATHS does not guarantee that you will always be eligible to watch such advertisements, or that any such advertisements will be available. PATHS may also provide non-commercial links or references to third parties within its content. PATHS is not responsible for the availability (or lack of availability) of any external websites or resources or their content.
Furthermore, PATHS is not responsible for, and does not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with the third
parties made available through our Services; such party’s terms will govern their relationship with you. PATHS is not responsible or liable for such third parties’ terms or actions.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PATHS, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF ANY USERS (INCLUDING BUT NOT LIMITED TO CONTENT DEFINED ABOVE AS ‘MEMBER CONTENT’ OR ‘YOUR CONTENT’) OR THIRD PARTIES ON OR THROUGH ANY OF OUR AFFILIATES’ SERVICES OR IN CONNECTION WITH THE SERVICES; OR (III) ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF PATHS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PATHS’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO PATHS FOR THE SERVICES DURING THE
TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST PATHS, WHETHER STATUTORY, IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF RIGHTS, PRIVILEGES, OR OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
If you are dissatisfied with our Services for any reason, please contact PATHS Customer Service first so we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a dispute, claim or controversy against PATHS, these terms will apply. For purposes of this Dispute Resolution Process and Arbitration Procedures set forth in Section 15, “PATHS” shall include our affiliates, employees, licensors, and service providers.
15b. INDIVIDUAL RELIEF: CLASS ACTION AND JURY TRIAL WAIVER
NOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT DECISION ARE AFFIRMED AND SUCH DECISION BECOMES FINAL, THEN YOU AND PATHS AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID. THIS PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT.
Any Dispute (that is not resolved informally by PATHS Customer Service or as provided under subsection 15a above) shall be exclusively resolved through BINDING INDIVIDUAL ARBITRATION except as specifically provided otherwise in this Dispute Resolution Section. Notwithstanding the foregoing, either you or PATHS may elect to have an individual claim heard in small claims court, and individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services may be brought in accordance with Section 17. If the request to proceed in small claims court is made after an arbitration has been initiated but before an arbitrator has been appointed, such arbitration shall be administratively closed by the arbitration provider. Any controversy over the small claims court’s jurisdiction shall be exclusively determined by such small claims court. No determinations made by a small claims court shall have preclusive effect in any proceeding involving PATHS and anyone other than you. In the event such small claims court specifically determines that it is without jurisdiction to hear the Dispute, you and PATHS shall arbitrate the Dispute under the terms of this Agreement. All other issues (except as otherwise provided herein) are exclusively for the Arbitrator to decide, including but not limited to scope and enforceability of this Dispute Resolution Section and including questions of arbitrability, any request to proceed in small claims court that is made after an arbitrator has been appointed, and any dispute as to whether either Party is in breach or default of the Dispute Resolution Section or has explicitly or implicitly waived the right to arbitrate. If you or PATHS challenges the small claims court election in your Dispute, and a court of competent jurisdiction determines that the small claims court election is unenforceable, then such election shall be severed from this Agreement as to your Dispute. However, such court determination shall not be considered or deemed binding or have preclusive effect with respect to any proceeding involving PATHS and anyone other than you.
Any court proceeding to enforce this Dispute Resolution Section 15, including any proceeding to confirm, modify, or vacate an arbitration award, must be commenced in accordance with Section
shall be submitted promptly to the Claim Arbitrator for resolution. In ruling on any discovery matter, the Claim Arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and the extent to which the requested discovery is truly necessary for the adequate preparation of a claim or defense, and Path’s goal of efficient and economical resolutions. The burden of establishing good cause for any additional discovery is on the moving Party.
This Dispute Resolution Section 15 applies to all Disputes between the Parties, including for any claims that accrued against you or PATHS prior to the time of your consent to this Agreement and to any claims that accrue against you or PATHS after your consent to this Agreement. Notwithstanding any provision in this Agreement to the contrary, you may elect to opt out of the retroactive application of this Dispute Resolution Section 15 as to claims that have accrued against you or against PATHS prior to the time of your consent to this Agreement. You may opt out by sending us written notice, within 30 days of the time you consent to this Agreement, to the following email address: support@mypathlink.com.
You must include information sufficient to identify your account(s), such as the email address or phone number associated with your account(s), and should include a statement that you are opting out of the retroactive application of this Dispute Resolution Section
Where permitted by law, you agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless PATHS, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, Your Content, your conduct toward other users, or your breach of this Agreement. SOME JURISDICTIONS DO NOT ALLOW INDEMNIFICATION, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.
By using our Services, whether through a mobile device, mobile application, or computer, you agree to be bound by (i) these Terms, which we may amend from time to time, (ii) our Privacy Policy, Cookie Policy, and Safety Tips (iii) any Additional Terms Upon Purchase. If you do not accept and agree to be bound by all of the terms of this Agreement, you are not entitled to use our Services.
All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any require.
These Terms, with the Privacy Policy, Cookie Policy, and Safety Tips, and any Additional Terms Upon Purchase, contain the entire agreement between you and PATHS regarding the use of our Services. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your PATHS account is non- transferable and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind PATHS in any manner.
Your Right to Cancel – You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the Company notice in the same manner as you request a refund as described above in Section 8.
In order to receive any payment under the Rewards Program, you must provide all information and documentation we or our vendors request to process payment. If you do not provide the information requested, you will not receive payment until such information and documentation is provided. Throughout your participation in the Rewards Program, you will also provide us with any information, forms, documents, or certifications that may be required for us to satisfy any information reporting or withholding tax obligations with respect to such payments.
For U.S. federal income tax purposes, PATHS intends to treat any consideration paid to you as consideration paid for services. You may receive a 1099-MISC or other tax reporting form. We also may deduct or withhold from the payment any Taxes that we may be legally obligated to deduct or withhold. You are responsible for compliance with tax laws and regulations that apply to your receipt of such payments. We are not responsible for your individual income tax reporting obligations.
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