Date of Last Revision: December 15, 2019
Term. This Agreement will remain in full force and effect while you use the Site and/or are a registered member. The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13. You may terminate your membership at any time for any reason provided that if you have an ongoing Commitment Contract you may, in Objektiv’s sole discretion, continue to be bound by the terms of that agreement until that Commitment Contract terminates. Even after your membership is terminated, certain sections of this Agreement will remain in effect.
Registration Data; Account Security. You agree to (a) provide accurate, current, and complete information about yourself as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
The User has a nonexclusive, nontransferable, limited, and revocable right to use the Site solely for User’s personal, non-commercial use. The User will not use the Site for any other purpose, including any commercial purpose, without the Company’s express prior written consent. The User represents, warrants and agrees that no materials of any kind submitted through the User’s account or otherwise posted, transmitted, or shared by the User on or through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. The User also agrees to use the Site in a manner consistent with any and all applicable laws and regulations.
The User agrees not to use the Site or to authorize any other person to use the Site to:
cause the Site, or any portion thereof, to be framed in such a way that the Site, or any portion thereof, appears on the same screen with a portion of another website;
harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
use automated scripts to collect information from or otherwise interact with the Site;
upload, post, transmit, share, store or otherwise make available any content that the Company deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
intimidate or harass another;
upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Site.
upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its users to any harm or liability of any type.
Without limiting any of the foregoing, you also agree to abide by our Objektiv Code of Conduct that provides further information regarding the authorized conduct of users on Objektiv.
Proprietary Rights in Site Content; Limited License.
Proprietary Rights. The User acknowledges and agrees that all content on the Site, including designs, text, graphics, pictures, photographs, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the property of Objektiv and its content providers and that the Company and its content providers retain all right, title, and interest in the Site Content. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Objektiv’s prior written permission, except that the foregoing does not apply to the User Content (as defined below) that the User legally posts on the Site.
Terms for financial commitment contracts
Clients understand that if, as described in the Commitment Summary Page, Client has elected an amount of money to be at risk in each reporting period in the event of Failure (“Commitment Stakes”) then such Commitment Stakes are governed by this paragraph 6. Client further understands that Client is not entitled to any interest on any Commitment Stakes held by Objektiv pursuant to this paragraph 6.
Client Representations. Client represents that the total of all Commitment Stakes authorized by Client is less than 10 percent of Client’s annual income.
Payment and Billing. If the Commitment has Commitment Stakes, then Client agrees to provide Objektiv with certain information, including without limitation, Client’s full name, address, telephone number, credit card information, and bank account information. Client agrees to provide Objektiv with the foregoing information as well as any other mandatory information that is accurate, complete and current. Objektiv will maintain such information in secure, encrypted form and in accordance with any applicable laws.
Client shall be responsible for all charges incurred as a result of Client’s Commitment, including any applicable taxes. If payment cannot be charged to Client’s credit card or if a charge is refunded for any reason, including chargeback, Objektiv reserves the right to immediately and without notice, either suspend or terminate Client’s access and account, thereby terminating all of Objektiv’s obligations under this Agreement. Client is required to pay any amounts still owed to Objektiv at the time Client’s account is suspended or terminated.
Payment Processing. If the Commitment has Commitment Stakes, then Client authorizes Objektiv to charge Client’s credit card in one of two methods: (i) Pay-as-you go, and (ii) Prepayment.
Pay-as-you go. If Prepayment is not selected because that option is either not offered by Objektiv or not selected by Client, then Client authorizes Objektiv to charge Client’s credit card only upon Failure; such charge shall equal the Commitment Stakes for that reporting period (“Forfeited Stakes”). Client understands that such a charge could occur in each and every reporting period.
Prepayment. This paragraph governs the treatment of Client’s Prepayment if one is specified in the Commitment Summary Page. The Prepayment is the amount that Client authorizes Objektiv to charge Client’s credit card to cover the Commitment Stakes of multiple reporting periods at the time of entering into the Commitment Contract. If Client reports Failure pursuant to paragraph 4, Objektiv will deduct from the Client’s Prepayment the Commitment Stakes for that reporting period (“Deducted Stakes”). Client understands that such a deduction could occur in each and every reporting period.
Objektiv may return any remaining portion of the Prepayment (without interest) to Client at the end of the contract. The Prepayment is owned by Objektiv and Objektiv has at most a contingent, non-fiduciary duty to transfer amounts to the Client or to Designated Recipients. If Objektiv deducts from the Client’s Prepayment during the term of the Commitment Contract, Client authorizes Objektiv to charge Client’s credit card or electronic payment system an amount sufficient to replenish the Prepayment to maintain a constant amount throughout the term of this Commitment Contract. If for any reason Client is more than 2 weeks late in replenishing the Prepayment under this paragraph, Client authorizes Objektiv to treat the remaining Prepayment as Deducted Stakes and agrees that the contractual obligations of both sides will come to an end. Client and Objektiv agree that it is a basic assumption of the parties in making this contract that Client will bear the risk of any inability to replenish the funds in a timely manner.
Transfers. Client agrees that Objektiv will transfer Forfeited Stakes and Deducted Stakes, less certain fees and transaction costs charged by Objektiv, (“Transferrable Stakes”) to the third party friend/foe, charity or anti-charity, or other person or entity (including Objektiv itself), as identified in the Commitment Summary Page (or if updated with Objektiv customer service, the Client’s Commitment details page) that Client has designated as the party or entity to receive a portion of the Client’s Commitment Stakes (“Designated Recipient”), provided that the Designated Recipient may not be the Client and Objektiv may, in its sole discretion, cancel the Commitment Contract of Client if Objektiv determines that the Designated Recipient is the Client. The parties intend that neither Objektiv nor Client will take any charitable tax deduction for any contribution made to charity pursuant to this contract. Objektiv has no liability to Client or any Designated Recipient for any shortfall in the amount of funds made available by Client to Objektiv to pay the Designated Recipient. Under no circumstances is Objektiv obligated to make transfers to third parties beyond the Transferrable Stakes.
Transfers when the Designated Recipient is a Friend/Foe. It is the responsibility of the Client or, if appropriate, the Designated Recipient to provide Objektiv with the correct information for transmitting Transferrable Stakes to a Designated Recipient and Objektiv shall have no obligation to verify such information. Objektiv’s only obligation shall be to attempt to transmit Transferrable Stakes in accordance with transmission information provided to Objektiv by the Client or the Designated Recipient. If Objektiv is unable, after good faith efforts, to transmit Transferrable Stakes to the Designated Recipient within a period of 90 days following the completion of the Agreement, the Client authorizes Objektiv to contribute the Transferrable Stakes to a person or entity of Objektiv’s choosing, including Objektiv itself.
Transfers when the Designated Recipient is a charity or anti-charity. Objektiv’s only obligation shall be to attempt to transmit Transferrable Stakes in accordance with transmission information provided to Objektiv by the Designated Recipient. If Objektiv is unable, after good faith efforts, to transmit Transferrable Stakes to the Designated Recipient within a period of 90 days following the completion of the Agreement, the Client authorizes Objektiv to contribute the Transferrable Stakes to a person or entity of Objektiv’s choosing, including Objektiv itself. If a Designated Recipient is an anti-charity and rejects the Transferrable Stakes (or Transferrable Stakes associated with another user’s commitment), then Client authorizes Objektiv to change the Designated Recipient to charity for reporting periods beginning after such rejection.
Timing of transfer to Designated Recipient. The actual distribution of Transferrable Stakes will occur, at Objektiv’s sole discretion, either periodically during the term of the Commitment or upon such schedule as Objektiv may adopt.
Fees. In order to pay transaction costs and compensate Objektiv for its services under this Agreement, Objektiv charges the following Fees. Unless set forth otherwise in supplemental terms to this Commitment Contract, Objektiv’s Fee, which is deducted from Forfeited Stakes and Deducted Stakes to calculate Transferrable Stakes, shall be: (a) for all Commitment Contracts for which the Designated Recipient is a friend or foe, the greater of $1.00 or the transaction costs actually incurred by Objektiv in such transactions; (b) for all Commitment Contracts for which the Designated Recipient is an anti-charity, 50% of all Forfeited Stakes and/or Deducted Stakes plus any electronic processing fees incurred by Objektiv; and (c) for all other contracts, 19.5% of all Forfeited Stakes and/or Deducted Stakes plus any electronic processing fees incurred by Objektiv. Objektiv pays all transaction costs; the Fees do not represent any additional cost to the Client.
User Content Posted on the Site.
User Responsibility. You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through the Site (collectively the “User Content”). You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement or the Objektiv Code of Conduct, might be offensive, illegal, threatening to the safety of users or others, or might violate the rights of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
Submissions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (“Submissions”), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights (including all intellectual property rights) to, and shall be entitled to the unrestricted use and dissemination of, these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Trademarks. Objektiv and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, service marks or trade dress of the Company in the U.S. and/or other countries. The Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
You may not Post, distribute or reproduce in any way any copyrighted material, trademarks or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner. If you believe that your work has been copied and Posted on the Website without your permission or in any other way that constitutes copyright infringement, please review and follow the procedures set forth in our Copyright Policy.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company’s sole discretion, members who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement or infringement of the Company’s intellectual property rights specifically.
Third Party Websites and Content.
The Site contains (or you may be sent through the Site to) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
Disputes between Users. You are solely responsible for your interactions with other Objektiv users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Content. The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on or accessible through the Site, whether posted or caused by users of the Site, by Objektiv, by third parties, or by any of the equipment or programming associated with or utilized in the Site. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit, or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software, or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site.
Availability and Data Integrity. The Site may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications including but not limited to User Content. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the worldwide web and/or in connection with the Site. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site, any User Content or Third Party Applications, Software or Content posted on or through the Site or transmitted to Users, or any interactions between users of the Site, whether online or offline.
Viruses and Malware. The Company does not represent or warrant that software, content or materials on the Site, or any Third Party Applications, Software, or Content are accurate, complete, reliable, current or error-free or that the Site, its servers, or any Third Party Applications, Software or Content are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such software, content or materials and use industry-recognized software to detect and disinfect viruses.
Health Disclaimer. Objektiv is not a medical organization. Nothing contained in this Agreement or on the Site should be construed as medical advice. The information offered by Objektiv or made available on or through the Site should not be interpreted as a substitute for physician consultation, evaluation, or treatment. The User acknowledges that Objektiv has no knowledge of any User’s health condition(s) and that User alone is responsible for any actions User takes that may have any health or other risks to User.
Results. The Company cannot guarantee and does not promise any specific results from use of the Site and/or any Third Party Applications, Software or Content.
Reservation of Rights. The Company reserves the right, solely in its discretion, to
change any and all content, software and other items used or contained in the Site at any time without notice;
modify and/or discontinue the Site at any time without notice; and
THE SITE AND THE SITE CONTENT ARE PROVIDED “AS-IS” AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
Limitation on Liability.
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR ANY THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SITE DURING THE TERM OF THIS AGREEMENT AND IN NO CASE WILL EXCEED $1,000. AMOUNT PAID DOES NOT INCLUDE ANY AMOUNTS FORFEITED THROUGH A COMMITMENT CONTRACT MADE ON THE SITE. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR USE OF THE SITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
Indemnity. You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site, your use of the Site, your conduct in connection with the Site or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.
Definitions and Constructions. Unless otherwise specified, the terms “includes”, “including”, “e.g.,”, “for example”, and other similar terms are deemed to include the term “without limitation” immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the Website.
Survival. Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination and you and we will continue to be bound by such terms indefinitely: Section 2 (Term), Section 5 (Proprietary Rights in Site Content), Section 9 (Member Disputes), Section 10 (Disclaimers), Section 11 (Limitation on Liability), Section 12 (Indemnity), and this Section 13 (Miscellaneous).