Terms of Use
Last Updated March 30, 2023, Version 1.0
IMPORTANT LEGAL NOTICE.
PLEASE READ THE FOLLOWING TERMS OF USE (“TERMS”) CAREFULLY. THESE TERMS GOVERN
YOUR USE OF THIS WEBSITE.
- Acceptance of Terms of Use. These Terms of Use (“Terms”) constitute a binding
agreement between you and MB Payments Inc. (“MB ” “we,” “us” or “our”) and govern
your use of Thrissle (“Website”) and the content, products and services offered through
the Website (collectively with the Website, the “Services”). By accessing, viewing or using
any Services, you represent and warrant that you are at least 13 years old and the age of
majority and legal consent in the jurisdiction in which you live or reside, and you agree to
be bound by and subject to these Terms. (If you are under the age of 18, you either are an
emancipated minor, or have obtained the legal consent of your parent or legal guardian to
enter into these Terms of Use.) If you do not agree to these Terms, you should not check
or click on, or otherwise agree to, these Terms, and you should immediately leave this
page and not access or use the Website or any other Services. Upon our request, you agree
to sign a non-electronic version of these Terms. - Changes to Terms of Use and Services. THESE TERMS MAY BE AMENDED OR CHANGED
BY US IN OUR DISCRETION, WITH OR WITHOUT NOTICE, AT ANY TIME. We indicate at the
top of the page when these Terms were last updated. Your continued access or use of the
Website or any other Services following such changes will be deemed acceptance of such
changes. In addition, we reserve the right to modify or cease providing all or any portion of
the Services at any time, with or without notice. Be sure to return to this page periodically
to ensure familiarity with the most current version of these Terms. - Privacy Policy. We are committed to protecting the privacy of the personal information
you provide to us through the Website. Any personal information submitted through the
Website by you is subject to our Privacy Policy, which is incorporated herein by reference.
By using any feature on this Website, you are consenting to the recording of your voice,
image and/or text conversations (collectively, “Recordings”) by us. We may store and use
Recordings for relevant business purposes including but not limited to: fraud prevention,
chargeback analysis, consumer protection, and compliance with applicable law and these
Terms. The Recordings are maintained in accordance with our Privacy Policy. PLEASE
REVIEW OUR PRIVACY POLICY TO UNDERSTAND OUR PRACTICES WITH RESPECT TO YOUR
PERSONAL INFORMATION. We do not knowingly collect personal information from persons
under the age of 13. The date of the last update to our Privacy Policy will be noted at the
top of our Privacy Policy. - Account. In order to participate in or receive certain Services, you may be required to
register an account with us (“Account”), and you may be subject to additional contractual
terms and conditions applicable to such Services (“Additional Terms”), which Additional
Terms will be accessible to you on the Website or presented to you as Additional Terms
when you sign up for or access such Services. Any such Additional Terms shall be
incorporated into and form a part of these Terms. Your Account is for your individual,
personal use only, and you may not authorize others to use your Account for any purpose.
In creating your Account, you certify that all information you provide is complete and
accurate. You agree to update your information when required or requested, and you
further agree not to use another person’s account without permission. You are responsible
for maintaining the confidentiality of, and restricting access to, your Account and
password, and you agree to accept sole responsibility for all activities that occur under
your Account or password. You agree to contact our customer service department
immediately of any breach of security or unauthorized use of your Account or any violation
of these Terms by others of which you are aware. You agree that we shall have no liability
for any losses, damages, liabilities or expenses you may incur due to any unauthorized use
of your Account, and you agree to indemnify us and hold us harmless for any such
unauthorized use. We reserve the right to create accounts for quality control and
administrative purposes. Such accounts may be publicly viewable.
- Use of Services; Assumption of Risk. The Services may not be accessed or used where
prohibited by law. You understand that by accessing or using the Services, you may
encounter content that may be deemed mature, offensive, indecent or objectionable,
which content may or may not be identified as having explicit language or adult themes,
and which in certain circumstances may be due to your interactions with other users or
members in the course of accessing or using the Services. YOU FULLY ASSUME ALL RISK OF
LOSS AND RISK OF PERSONAL HARM ARISING OUT OF YOUR USE OF THE SERVICES,
including but not limited to, any online or offline communications and personal
interactions with others. It is your responsibility to take all advisable and necessary
precautions when interacting with individuals you meet or come into contact with through
the Services. - Your Additional Representations and Warranties. You further represent and warrant to
us, under penalty of perjury, as follows: (a) You will not provide or permit access or use of
the Services, or your Account, by any persons under 13; (b) Your Account information is
current, complete and accurate and you will promptly update all information to keep your
Account and billing information complete and accurate upon any change (such as change
of billing address, credit card number or expiration date); (c) You have not and will not
access or use the Services from any place or jurisdiction where such use is prohibited or
contrary to applicable laws, rules, regulations, ordinances, edicts or customs, and you are
not a national or resident of any country which the United States has (i) embargoed goods;
(ii) identified as a “Specially Designated National”; or (iii) placed on the Commerce
Department’s Table of Deny Orders; (d) Your use of the Services is and will be in
compliance with all applicable laws, rules, regulations, ordinances, edicts or customs. You
will not use any robot, spider, scraper or other automated measures to (i) access or use the
Services, (ii) circumvent any technical measures we use to provide the Services, (iii) cause
harm to us or our affiliated entities, (iv) manipulate the results or outcome of any contest,
game, program, or promotion that awards Promotional Credits (defined below).
- Third Party Links and Pages; Reliance on Content and Advice. The Services may include
hyperlinks or banner ads to third-party websites, content and/or resources (“Resources”).
You acknowledge and agree that we have no control over and are not responsible for the
availability of any such Resources, and we do not endorse any advertising, products or
other materials on or available from such Resources. Because we cannot control the
activities of such Resources, we cannot accept responsibility for any use of your personal
information by such third parties, and we cannot guarantee that they will adhere to the
same privacy and security practices as us. If you visit or link to a Resource, you should
consult that Resource’s privacy policy before providing any personal information. You
agree that we shall have no liability for any losses, damages, liabilities or expenses you may
incur due to your use of such Resources, and you agree to indemnify us and hold us
harmless for any such use. (b) Opinions, advice, statements, offers, or other information or
content made available through the Services are those of their respective authors, and
should not necessarily be relied upon. Such authors are solely responsible for such content.
We do not: (i) guarantee the accuracy, completeness, or usefulness of any information
through the Services, or (ii) adopt, endorse or accept responsibility for the accuracy or
reliability of any opinion, advice, or statement made by any party that appears through the
Services. Under no circumstances will we or our affiliated entities be responsible for any
loss or damage resulting from your reliance on information or other content posted
through the Services or transmitted to or by any of our users or members. - Proprietary Rights. The content provided through the Services, including but not limited
to, the text, data, software, manuscripts, graphics, photographs, music, sounds, videos,
interactive features, blogs, posts, feedback, messages, tags and other materials
(collectively, “Content”) and the trademarks, service marks and logos contained therein
(“Marks”) are owned by or licensed to us, subject to copyright and other intellectual
property rights under United States and foreign laws and international conventions. All
Content is provided to you solely for your information and personal, non-commercial use.
You agree to not engage in the use, copying, or distribution of any Content other than as
expressly permitted herein. If you download or print a copy of the Content for personal
use, you must retain all copyright and other proprietary notices contained therein. You
agree not to circumvent, disable or otherwise interfere with security related features of
the Services or features that prevent or restrict use or copying of any Content or enforce
limitations on the use of the Services or Content. We or our licensors retain all intellectual
and proprietary rights in and to the Services and Content, except as expressly provided
herein. No right is granted to you herein to use any Marks. - Content Provided “AS IS”; Access to Content. You understand that Content, whether
publicly posted or privately transmitted, is the sole responsibility of the person from whom
such Content originated. We do not control this Content and do not guarantee its accuracy,
integrity or quality. All such Content is provided “AS IS” without representation or warranty
of any kind. Under no circumstances shall we be liable to you in any way for any Content,
including but not limited to, any errors or omissions in any Content, or any loss or damage
of any kind incurred as a result of the use of any Content. We claim immunity from liability
to the fullest extent permitted by law, and as further provided under the Communications
Decency Act, for any Content provided by third parties. Neither our actions nor any
provision in these Terms is intended to waive, remove or usurp such immunity.
- Noncommercial Use. The Services are made available for your personal, noncommercial
use. You will not advertise or solicit any user or member to buy or sell any products or
services through the Services. You may not transmit any chain letters, junk or spam e-mail
to other users or members. Further, you will not use any information obtained from the
Services in order to contact, advertise to, solicit, or sell to any user or member without
their prior express consent. If you breach the terms of this subsection and/or send or post
unsolicited bulk email, “spam” or other unsolicited communications of any kind through
the Services, we reserve all rights, claims and causes of action we may have, statutory or
otherwise, including but not limited to, the right to seek statutory penalties for each such
unsolicited communication you send through the Services. - Personal Communications and License to Your Content; Right to Block or Remove
Content.
(a) You acknowledge and agree that your communications with other users or members via
chats, conferences, bulletin boards, blogs, posts and any other publicly accessible avenues
of communication through the Services are public and not private communications.
Therefore, we strongly encourage you to use caution before disclosing any personal
information about yourself in your public communications. We are not responsible for
information that you choose to communicate to other users or members, or for the actions
of other users or members, and you agree to indemnify us and hold us harmless from any
losses, liabilities, damages or expenses you may incur due to such communications or
actions. Except as provided in our Privacy Policy, once you post, send or otherwise make
publicly available any Content through the Services (“Personal Content”), you expressly
grant us, and hereby represent that you have the right to grant us, a perpetual,
irrevocable, world-wide, assignable, sub-licensable, and transferable right and license to
quote, re-post, use, copy, reproduce, modify, create derivative works of, incorporate into
other works, distribute, transmit, broadcast, communicate, publicly display, publicly
perform and otherwise exploit such Content in any form or media, anywhere, and without
any notice or compensation to you of any kind. You hereby grant us all consents, rights and
clearances to enable us to use such Personal Content for such purposes.
(b) We reserve the right, but not the obligation, to refuse to transmit or post, and to
disclose, block or remove any Content, including but not limited to, Personal Content, in
whole or in part, that we, in our discretion, deem to be in violation of these Terms or
otherwise harmful to persons using the Services, regardless of whether this material or its
dissemination is unlawful. We retain the right, but not the obligation, to monitor all
transmissions and postings of Personal Content and other materials from time to time to
investigate or prevent violations of these Terms. In addition, we may also take reasonable
steps, including the limiting or filtering of the number of emails, chat messages or posts
sent or received by a user or member.
- Termination.
(a) We reserve the right to terminate or restrict your access to or use of the Services,
without notice or liability, for any or no reason whatsoever.
(c) Any provisions of these Terms which, by their nature, should survive termination or
expiration, including, without limitation, provisions related to indemnification, limitation of
liability, and choice of law, shall survive such termination or expiration. - DMCA Notice. We strive to comply with the Digital Millennium Copyright Act of 1998, as
amended (“DMCA”), at all times and maintain a repeat offender policy which may result in
the termination of your right to use the Services if you violate such policy. If you believe
that your work has been copied, posted or otherwise made available through the Services
in a way that constitutes copyright infringement, please notify our DMCA Copyright Agent
of your complaint, as set forth in the DMCA. Please consult the DMCA to confirm these
requirements. You must provide our DMCA Copyright Agent with the following information
in writing, to the extent required by the DMCA: (a) an electronic or physical signature of
the person authorized to act on behalf of the copyright owner that is allegedly infringed;
(b) a description of the copyrighted work that you claim has been infringed (or, if multiple
copyrighted works on a site are covered by a single complaint, a representative list of the
allegedly infringing works on the site); (c) identification of the material that is claimed to be
infringing and to be removed, and information reasonably sufficient to permit us to locate
the material; (d) information reasonably sufficient to permit us to contact you, such as
your address, telephone number and e-mail address; (e) a written statement by you that
you have a good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent or the law; and (f) a statement by you, made
under penalty of perjury, that the above information in your notice and complaint is
accurate and that you are the copyright owner or authorized to act on the copyright
owner’s behalf. Please be aware that the foregoing information in your complaint may be
forwarded to the person who provided the allegedly infringing content. The foregoing
information must be submitted to Subsidiary’s DMCA Copyright Agent as follows:
Thrissle
1615 S. Congress Avenue, Suite 103
Delray Beach, Florida 33445 USA
Attn. Copyright Agent
Email: [email protected]
Pursuant to Section 512(f) of the DMCA, any person who knowingly materially
misrepresents that material or activity is infringing may be subject to liability.
If you believe that your material has been mistakenly removed or disabled pursuant to this
Section 13, you may submit a counter notice by notifying our DMCA Copyright Agent at the
address provided above.
Pursuant to Section 512(f) of the DMCA, any person who knowingly materially
misrepresents that material or activity was removed or disabled by mistake or
misidentification may be subject to liability.
- Disclaimer of Warranties. THE SERVICES ARE PROVIDED “AS-IS” AND WE EXPRESSLY
DISCLAIM ANY IMPLIED WARRANTIES TO THE FULLEST EXTENT PROVIDED BY LAW,
INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. TO THE EXTENT APPLICABLE LAWS
PROHIBIT TERMS OF USE FROM DISCLAIMING ANY IMPLIED WARRANTY, SUCH IMPLIED
WARRANTY SHALL BE LIMITED TO THE MINIMUM WARRANTY PERIOD REQUIRED BY LAW,
AND IF NO SUCH PERIOD IS REQUIRED, THEN THIRTY (30) DAYS FROM FIRST USE OF THE
SERVICES. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM
USE OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT
THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. - Limitation of Liability. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON
FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS ARISING OUT OF YOUR USE,
OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. YOU FURTHER AGREE TO INDEMNIFY US AND HOLD US HARMLESS
FOR ANY AND ALL CLAIMS, DAMAGES, LIABILITIES AND EXPENSES IN THE EVENT THAT YOU
FIND OTHER USERS’ OR MEMBERS’ CONTENT TO BE OFFENSIVE, HARMFUL, OBSCENE,
INACCURATE AND/OR DECEPTIVE. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO
YOU FOR ANY CLAIM OR CAUSE OF ACTION WHATSOEVER, AND REGARDLESS OF THE
FORM OF THE ACTION, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EXCEED
THE AMOUNT PAID BY YOU TO US, IF ANY, DURING THE 90 DAY PERIOD IMMEDIATELY
PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. THE FOREGOING
LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. - Indemnification. You agree to indemnify and hold us, our parent, subsidiaries, and
affiliated entities, and ours and their shareholders, directors, officers, employees, agents,
contractors, licensors and licensees, harmless from any loss, liability, claim, demand or
expense, including but not limited to, reasonable attorney’s fees, made by any third party
due to or arising out of your use of the Services or any breach or violation of these Terms. - U.S. Export Controls. Software and Content provided through the Services is subject to
United States export controls. No software or Content from the Services may be
downloaded or otherwise exported or re-exported (a) into (or to a national or resident of)
Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has
embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially
Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By
downloading or using any such software or Content, you represent and warrant that you
are not located in, under the control of, or a national or resident of any such country or on
any such list.
- Choice of Law. These Terms shall be governed by the laws of the State of Florida, without
regard to its conflict of laws rules or principles. - Jurisdiction and Venue. You agree to exclusive jurisdiction in Florida and venue in Palm
Beach County, Florida for all arbitration and other proceedings arising out of these Terms. - Class Action Waiver. IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE
ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR
PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A
PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP
YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH
RESPECT TO ANY SUCH CLAIM. - Electronic Communications. By using the Services, you consent to receiving electronic
communications, e.g., email, from us or our subsidiaries and affiliated entities. These
communications will include notices about your Account and information concerning or
related to the Services. These communications are part of your relationship with us and
you receive them as part of your membership. You agree that any notice, agreements,
disclosures or other communications that we send to you electronically will satisfy any
legal communication requirements, including but not limited to, any requirements that
such communications be in writing. - Severability. If any provision of this Agreement is held to be unenforceable under
applicable law, such provision shall be excluded from this Agreement, and the balance of
this Agreement shall be interpreted as if such provision was so excluded and shall be
enforceable in accordance with its modified terms. - Merger; Translations. These Terms represent the entire understanding between the
parties with respect to the subject matter hereof and supersede all previous
understandings, written, oral or implied. Where we have provided you with a translation of
the English language version of these Terms, then you agree that the translation is
provided for your convenience only and that the English language versions of these Terms
will govern your relationship with us. If there is any contradiction between what the
English language version of these Terms and any translation, the English language version
shall take precedence. - Force Majeure. Neither you nor we shall be held responsible for any delay or failure in
performance hereunder caused by acts of God (or natural disasters), terrorism, strikes,
embargoes, fires, war, or other causes beyond the affected party’s reasonable control. - Construction. The headings used herein are for convenience only and shall not be
deemed to define, limit or construe the content of any provision of these Terms. The
meanings given to terms defined herein will be equally applicable to both the singular and
plural forms of such terms. Whenever the context may require, any pronoun includes the
corresponding masculine, feminine and neuter forms. - Notices. Except as explicitly stated otherwise, legal and other notices (including but not
limited to notices of legal proceedings) shall be delivered to Thrissle by U.S. mail at 1615 S.
Congress Avenue, Suite 103 Delray Beach, Florida 33445 Attn. Legal, or to you at the email
address you provided us (a) at the time you registered; (b) through a subsequent notice of
an address change; or (c) through a posting through the Services. Physical notices shall be
effective when received. Email notices allowed hereunder shall be deemed given 24 hours
after email is sent, unless the sending party is notified that the email address is invalid. In
addition, we may provide notice by certified mail, postage prepaid and return receipt
requested. In such case, notice shall be deemed given when received.
- Waiver. Failure to enforce any provision of these Terms shall not constitute a waiver of
any term hereof. No waiver of a breach of any provision of these Terms shall constitute a
waiver of any prior, concurrent or subsequent breach of the same or any other provision
hereof, and no waiver shall be effective unless granted in writing and signed by an
authorized representative of us at our director level or above. - Limitations of Claims. You agree that any claim or cause of action arising out of or
related to these Terms or your use of the Services must be filed within one (1) year after
such claim or cause of action arose or be forever barred. - Non-Assignment. You may not resell, assign or transfer any of your rights or obligations
under these Terms without our prior written consent. We may resell, assign or transfer our
rights and obligations under these Terms at any time without restriction and without
notice or consent. - Agreement Binding. This Agreement shall be binding upon the parties and their
successors and permitted assigns.