PayDragon, Inc. ("PayDragon") provides unique bar-codes that can be embedded with digital content using our hosting service (the "Services") that be accessed by any smart phone running the PayDragon mobile device application (the "Application") or universal barcode reader. Aspects of the Services are also available through our website, accessible at http://www.paydragon.com (the "Site").
Please read carefully the following terms and conditions ("Terms") before downloading, installing or using the Services, Application or Site. These Terms govern your- and our- obligations and restrictions concerning your access to and use of the Site, the Application and the Services and, except as otherwise provided in these Terms, all text, graphics, images, music, software, audio, video, information or other materials available through the Site and Services ("Content"). These Terms constitute a binding legal agreement between you and PayDragon.
You acknowledge and agree that, by accessing or using the Site, the Application, or the Services or by downloading or posting any content from or on the Site, the Application or through the Services, you are indicating that you have read, understand and agree to be bound by these terms, whether or not you have registered with the Site or Application. If you do not agree to these terms, then you have no right to access, download or use the Site, the Application or the Services or Content. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Modification of the Service or these Terms
PayDragon reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services at any time and without prior notice; or to modify these Terms with notice to you on the Site or through the Service. By continuing to access or use the Site, Application or the Services, you agree that PayDragon will treat your use as acceptance of the modified Terms.
The Site, Application and Services are intended solely for persons who are 13 or older. Any access to or use of the Site, Application or Services by anyone under 13 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 13 or older.
You can use basic components of the Service without registering but, in order to access certain features of the Site, Application and Services, and to post any Content on the Site or through the Application or Services, you must register to create an account ("Account"). During the registration process, you will be required to provide certain information such as your email address and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. PayDragon reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You must create an account to post, upload, publish, submit or transmit text, graphics, images, music, software, audio, video, information or other materials to be made available through the Site, Application and Services ("User Content").
Collected User Information
PayDragon and its affiliated companies, Paperlinks and Paperspring may use your personal information for the following general purposes: to fulfill your requests for products and services, administrative purposes, to contact you, and for internal business purposes. If you do not want to be contacted by PayDragon or its affiliated companies, please immediately contact us at email@example.com, and we will remove your name from the email list specified as soon as reasonably practicable. When contacting us, please clearly state your request, including your name, mailing address, email address and phone number.
All fees you incur through use of the Services will be charged each month to the credit card in your Account. Under no circumstance will PayDragon be responsible for fees that your wireless carrier or other third parties may charge you for use of the Services, Application or Site.
The Site, Application, Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, PayDragon owns all right, title and interest in and to the Site, Application, Services and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application Services or Content.
PayDragon grants you a non-exclusive limited license to the Application, Services and Site. All rights not expressly granted are reserved by PayDragon.
Termination and Account Cancellation
If you breach any of these Terms, PayDragon will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. PayDragon reserves the right to revoke your access to and use of the Site, Services, Application and Content at any time, with or without cause. In the event PayDragon terminates these Terms for your breach, you will remain liable for any amounts due hereunder.
You agree to indemnify, at our request defend, and hold PayDragon, its officers, directors, employees and agents, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Application, Services or Content, or your violation of these Terms.
Disclaimer or Warranty
PayDragon disclaims any responsibility for any harm resulting from your use of the Site, Application, Services or Content.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, neither PayDragon nor any other party involved in creating, producing, or deliver the Site, Application, Services or Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage, or system failure or the cost of substitute products or services, or for any damages personal or bodily injury or emotional distress arising out of or in connection with these terms or from the use of or inability to use the Site, Application, Services or Content, or from any communications, interactions or meetings with other users of the Site or Services or other persons with whom you communicate or interact as a result of your use of the Site or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not PayDragon has been informed of the possibility of such damage.
If you are or are acting on behalf of an agency or instrumentality of the United States Government, the Application is "commercial computer software" developed exclusively at private expense. Pursuant to FAR 12.212 or DFARS 227 7202 and their successors, as applicable, use, reproduction and disclosure of the Application is governed by the terms of this Agreement.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of PayDragon used herein are trademarks or registered trademarks of PayDragon. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the Southern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between PayDragon and you regarding the Site, Application, Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between PayDragon and you regarding the Site, Application, Services and Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without PayDragon's prior written consent. PayDragon may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.