Dime In Time Media LLC, dba Penny Calling Penny (“Penny Calling Penny” “we,” or “us”) provides its web site, Penny Calling Penny, located at https://pennycallingpenny.com/ (together with all other websites, content, and services operated by or on behalf of Penny Calling Penny, the “Service”, “Site”), to you, an individual user (“you”) for your individual usage, subject to compliance with the terms and conditions set forth herein. This is a legally binding agreement between you and Penny Calling Penny. Please make sure you read it as it explains the Terms and Conditions guiding your usage of Penny Calling Penny online services
You affirm that you are over the age of 13, as the Service is not intended for children under 13. If it comes to Penny Calling Penny’s attention through reliable means that a registered user is a child under 13 years of age, Penny Calling Penny will cancel that user’s account.
Changes to these Terms
Penny Calling Penny reserve the right, at our sole discretion, to change or modify portions of these Terms at any time without further notice. You should periodically visit this page to review the current Terms so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the date on which these terms were last revised. We may also notify you, either through the Services user interface, in an email notification, or through other reasonable means.
Any such changes will become effective for existing users no earlier than ten (10) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Service
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH PENNY CALLING PENNY ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
You may use the Service only if you can form a binding contract with Penny Calling Penny, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement.
Registration and Account Security
You may need to register and create a Penny Calling Penny user account to gain access to some of our content or use certain Penny Calling Penny services. You will need to register and obtain an account, username and password. When you register, the information you provide to us during the registration process will help us in offering content, service, and management of your account. You are solely responsible for maintaining the confidentiality of your account, username, and password and for all activities associated with or occurring under your Account.
You represent and warrant that your Account information will be accurate at all times. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, we shall have the right to indefinitely suspend or terminate or block access of your use the Website and refuse to provide You with access to the Website.
You must notify us immediately of any unauthorized use of your account and any other breach of security.
We cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of the use of your account, either with or without your knowledge, prior to your notifying us of unauthorized access to your account. You may not transfer your account to any other person and you may not use anyone else’s account at any time without the permission of the account holder.
License and Access
Subject to your compliance with these Terms and Conditions, and your payment of any applicable fees, Penny Calling Penny grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) access and use the site and the services provided through the site on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Penny Calling Penny and Penny Calling Penny’s licensors.
This license does not include any resale or commercial use of any of Penny Calling Penny Service, or its contents.
As between you and us, all content made available to you through the service is owned by us. We claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.
You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by email to [email protected].
If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an email to [email protected]. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
Intellectual Property Rights
This platform is controlled and operated by Dime Inn Time Media Llp, and all material on this site, including images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights.
Material made available to you through the service is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Any use of the Service or the Site Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause.
Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
No Financial or Professional Advice
The content on the Site is made available for information purposes only. The Site does not provide legal, financial, insurance, or investment advice, and nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any financial move by Penny Calling Penny or any third party. You alone are solely responsible for determining what information or any other product or service, is appropriate or suitable for you and for evaluating the merits and risks associated with the use of the information on the Site before making any decisions based on such information or other content.
Copyright, Linking Policy and Trademarks
The Service and the content contained herein, as well as all copyrights, including without limitation, the text, documents, articles, products, software, graphics, photos, sounds, videos, interactive features, services, links, User Submissions (as defined below), third-party apps, and any other content on the Site (“Content”) and the trademarks, service marks and logos contained therein are the property of Penny Calling Penny and its third-party licensors, affiliates or providers. You may access and use the Content, and download and/or print out copies of any content from the Site, solely for your personal, non-commercial use. 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 acknowledge that you do not acquire any ownership rights by using the Site. Penny Calling Penny reserves all rights not expressly granted in and to the Site.
You may link to any content on the Site. If you are interested in reprinting, republishing, or distributing content from Penny Calling Penny, please contact Penny Calling Penny to obtain written consent. Penny Calling Penny is a trademark and/or service mark of Dime Inn Time Media Llp. All other trademarks, service marks, and logos used on our Site are the trademarks, service marks, or logos of their respective owners.
Copyright and Infringement Notification
Penny Calling Penny respects the intellectual property of others and asks its users of the platform to do the same. Penny Calling Penny’s Service may not be used to transmit, retransmit, distribute, post, or store any material that is in violation of any rights of any person including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations.
Penny Calling Penny has established procedures for enforcing this statement which is designed to be in accord with the Digital Millennium Copyright Act. If you believe that your copyrighted work has been copied and is accessible on any of Penny Calling Penny’s services in a way that constitutes copyright infringement, please reach out to us.
Please note that (i) any person who knowingly misrepresents to Penny Calling Penny that material is infringing shall be liable to Penny Calling Penny and/or the alleged infringer for any damages (including costs and attorneys’ fees) suffered or incurred by Penny Calling Penny and/or the alleged infringer as a result of Penny Calling Penny’s reliance on such misrepresentation and removing or disabling access to such material. ii) Similarly, any person who knowingly misrepresents to Penny Calling Penny that the material was removed or access blocked by mistake or misidentification shall be liable to Penny Calling Penny and/or the copyright owner or its authorized licensee for any damages (including costs and attorneys’ fees) suffered or incurred by Penny Calling Penny and/or the copyright owner or its authorized licensee as a result of Penny Calling Penny’s relying on such misrepresentation and replacing such removed or blocked material.
User Conduct and Service Use
You hereby represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the service will be in violation of the rights of any third party, including but not limited to the copyright, trademark, publicity, privacy or other personal or proprietary rights.
Although we are committed to providing a safe user experience, we do not guarantee that the Service, or any content in it, will be safe, error-free, or uninterrupted, or that it will be free from bugs or viruses. From time to time, access to the service may be interrupted, suspended, or restricted, including because of a fault, error or unforeseen circumstances or scheduled maintenance. We shall not be liable to you for any loss or damage that you may suffer as a result of the service being unavailable at any time for any reason.
You agree, undertake and confirm that your use of the platform shall be strictly in accordance with the following binding guidelines:
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which you do not have any right to make use of or promotes an illegal or unauthorized copy of another person’s copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or,
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual or provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming” or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; contains video, photographs, or images of another person (with a minor or an adult);
- tries to gain unauthorized access or exceeds the scope of authorized access to the Site or to profiles, blogs, communities, account information, bulletins, or other areas of the Site or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
- Solicits gambling or engages in any gambling activity which we, in our sole discretion, believes is or could be construed as being illegal;
- Interferes with another user’s use and enjoyment of the Site or any other individual’s user and enjoyment of similar services;
- Refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Site or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.
- You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. We reserve Our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, computer, network, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Site or any network connected to the Site nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Site, or any other customer, including any account on the Site not owned by You, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Site.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Website, or with any other person’s use of the Site.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
- It is possible those other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Site and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Site, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Site you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Site. Please carefully select the type of information that you publicly disclose or share with others on the Site.
Obscene and Offensive Content
We are not responsible for any obscene or offensive content that you receive or view from others while using our Service. However, if you do receive or view such content, please contact us by email at [email protected] so that we can investigate the issue. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our Site.
User Content and User Submissions
You understand that all information, data, text, software, sound, photographs, graphics, video, advertisements, messages, or other materials submitted, posted, or displayed by You on or through the Service (“User Content” or “user Submissions”) is the sole responsibility of the person from which such User Content originated. We claim no ownership or control over any User Content. You or a third-party licensor, as appropriate, retain all patent, trademark, and copyright to any User Content You submit, post, or display on or through the Site, and you are responsible for protecting those rights, as appropriate.
By submitting, posting, or displaying User Content on or through Penny Calling Penny service, you grant us a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content. In addition, by submitting, posting, or displaying User Content which is intended to be available to the general public, you grant us a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting our Services. We may discontinue this licensed use within a commercially reasonable period after such User Content is removed from the Site.
We reserve the right to refuse to accept, post, display, or transmit any User Content at our sole discretion. If you post User Content in any public area of the Site, you also permit any user of the Site to access, display, view, store, and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on the Site retains any and all rights that may exist in such User Content.
Overview of Posting Content; Monitoring Content
We do not in any way have any obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by any user of the Site. However, we may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, users of the Site.
Penny Calling Penny has the right in its sole discretion and without further notice to you, to monitor, censor, edit, move, delete, and/or remove any and all Content posted on its Site or any Content transmitted from your Penny Calling Penny user account at any time and for any reason. Without limiting the foregoing, Penny Calling Penny has the right to delete any comment or Content that it believes, in its sole discretion, does or may violate the Terms of the Site by you. Material that promotes hatred toward groups based on race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/gender identity will be removed.
When you submit a User Content on the Site, you will be solely responsible for such action, including the content, context, or information in the User Content submitted. This means that each individual, and not Penny Calling Penny, is entirely responsible for anything and everything she or he posts on the Site including any comment, suggestion, reviews, and feedback.
You understand and agree that Penny Calling Penny may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the Terms or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) repeat violators of third party copyrights or other intellectual property.
Disclaimer of Warranties
THE INFORMATION MADE AVAILABLE TO YOU THROUGH OUR SERVICES IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF OUR SERVICE IS AT YOUR SOLE RISK. PENNY CALLING PENNY, ITS AFFILIATES, INFORMATION PROVIDERS, AGENTS AND OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF THE SITE AND SERVICE DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICE WILL ALWAYS BE AVAILABLE, ACCESS WILL BE UNINTERRUPTED, BE ERROR-FREE, MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN OUR SERVICE/WEBSITE WILL BE CORRECTED.
INFORMATION MADE AVAILABLE TO YOU VIA THE SERVICES SHOULD NOT NECESSARILY BE RELIED UPON AND SHOULD NEVER BE CONSTRUED TO BE FINANCIAL OR PROFESSIONAL ADVICE FROM US. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED AND ARE NOT RESPONSIBLE FOR ANY LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF PENNY CALLING PENNY OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, SPONSORS, INFORMATION PROVIDERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY
IF YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
PENNY CALLING PENNY AND ITS AFFILIATES, SUPPLIERS, AGENTS, SPONSORS, INFORMATION PROVIDERS, AND ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF THE SITE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
NEITHER PENNY CALLING PENNY NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS, SPONSORS, INFORMATION PROVIDERS NOR ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF THE SITE ARE LIABLE FOR LOST PROFITS, LOST SAVINGS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH OUR SERVICE.
SUCH LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, EVEN IF PENNY CALLING PENNY, ITS INFORMATION PROVIDERS, OR ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF ANY PART OF THE SITE HAS BEEN ADVISED OF OR OTHERWISE MIGHT HAVE ANTICIPATED THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO PENNY CALLING PENNY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE OR ANY SERVICES, DURING THE PREVIOUS SIX (6) MONTHS OR US$100, WHICHEVER IS LESS, PRIOR TO BRINGING THE CLAIM.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
As a condition of your use of the Site, you agree to indemnify, defend and hold us, our officers, directors, employees, agents, representatives, information providers, and any other third party involved in or related to the making or compiling of the Site harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the Terms; (b) your use or any third party’s use of, or inability to use, the Site; (c) your violation of the rights of any third party, or (d) any claim that one of your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site.
Electronic Communications Policy
We hate spam or unsolicited email as much as you do. We fully endorse and comply with the requirements of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), and all other applicable unsolicited commercial email laws. For example, California’s anti-spam law, Cal. Bus. & Prof. Code § 17529, may apply if you are using or sending to a California electronic mail address, and in other limited circumstances.
If you subscribe to electronic newsletters or other communications from us, you will always have an option to unsubscribe immediately or at a later time.
When you communicate with us by email or other electronic means, you are agreeing that we can respond to you by the same or other electronic means of communication. You also agree that we can subsequently communicate with you for marketing and other commercial purposes by electronic means using the information you have provided to us (email address, mobile phone number, etc.) unless and until you make a request by email or by mail to our address listed below that these subsequent communications cease. Your request must include the specific contact information you no longer wish us to use for communicating with you (email address, mobile phone number, etc.
If you have additional questions, comments or concerns, please contact us by sending an email to [email protected] and providing us with information relating to your concern.
Additional Terms for Affiliate Services Promoted By Penny Calling Penny
Although we obtain information contained in our marketing promotions from sources that we believe to be reliable, we cannot guarantee its accuracy. The opinions expressed in the promotions are those of Penny Calling Penny, its editors, marketers and contributors, and may change without notice. Any views or opinions expressed in the promotion may not reflect those of Penny Calling Penny as a whole. The information in the promotion may become outdated and we have no obligation to update it. The information in the promotion is not intended to constitute professional or financial advice and is not designed to meet your personal financial situation. It is provided for information purposes only and nothing herein constitutes investment, legal, accounting or tax advice. Furthermore, the marketing promotions of affiliate services are not recommendations to follow the financial advice or products suggested by the authors of the services.
Governing Law and Dispute Resolution
- Governing Law: Any dispute arising from or relating to these Terms will be heard solely by a court or tribunal of competent jurisdiction within the USA. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.
- Agreement to Arbitrate: Any dispute or claim relating in any way to your use of the Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
- Arbitration Process, Arbitration Rules and Location: To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location.
- Class Action Waiver: We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.
- Entire Agreement: Except as otherwise specified herein, these Terms constitute the entire agreement between you and Penny Calling Penny with respect to your use of this Service and supersedes all prior communications and proposals (whether oral, written, or electronic) between you and Penny Calling Penny with respect to use of the Service. Any rights not otherwise expressly granted by this Agreement are reserved by Penny Calling Penny.
- Waiver: The failure of Penny Calling Penny to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision.
- Assignability: You may not assign or transfer these Terms, by operation of law or otherwise, without Penny Calling Penny’s prior written consent. Notwithstanding the foregoing, we may assign any rights or obligations hereunder.
- Notices: Any notices or other communications provided by Penny Calling Penny under these Terms, including those regarding modifications to these Terms, will be given: (i) by Penny Calling Penny via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
In order to resolve a complaint regarding the service or to receive further information regarding the use of the app and services, please contact us at [email protected].