Last updated: April 21, 2023
This Agreement (“Agreement”) is a legally binding agreement between payup.video (“we”, “PayUpVideo”) and a User (“User” or “you”) who uses the payup.video service (“Service”) for personal purposes.
This Agreement is a public offer due to the fact that this offer is addressed to an unlimited number of people and has all the essential conditions, the acceptance of which by the User gives it legal force equivalent to an agreement concluded in writing, without signing it by the parties and without specifying the person accepting it.
Before using the Service, we ask you to carefully read the terms of this Agreement. BY REGISTERING IN THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. The fact of registration in the Service, without any exceptions and (or) reservations, is considered an unconditional acceptance of the Agreement. Partial acceptance of the terms of the Agreement is not allowed.
If you have not read, understood or do not agree with the terms of this Agreement, you should not register in the Service and/or use the Service in any way.
We reserve the right to make changes to this Agreement by posting the current version of the Agreement on this page and including in this text the note “Last updated” with the corresponding date of the change, or in any other way that we deem possible. We are under no obligation to provide notice of such changes. Any changes to this Agreement will be effective immediately upon posting and apply to all uses of the Service. If you continue to use the Service after this Agreement is amended, you agree to be bound by the Agreement as amended.
Terms and definitions within the text of this Agreement shall be construed by the Parties according to the laws of Russian Federation, and generally accepted construction rules of corresponding terms as it is established in the field of organizing and holding competitions.
1. SUBJECT OF THE AGREEMENT
1.1. We grant the User the right to use the Service as a platform for earning money by watching videos for a fee, under the terms of this Agreement.
1.2. The User can work with the help of the account registered by them in the Service.
1.3. All actions performed by the User are performed independently and on behalf of the User.
2. REGISTRATION
2.1. In order to use the functionality of the Service, the User shall complete the registration procedure.
2.2. When registering in the Service, the User guarantees that:
- - All information provided by the User during the Registration process is true, up-to-date and complete;
- - The User's use of the Service does not violate any applicable law;
- - In accordance with the User's jurisdiction, the User has reached the age of legal capacity (but not younger than 16 years) allowing them to independently acquire rights and obligations, as well as bear the responsibility established by applicable law, or the User can confirm they have got the corresponding permission from the User's legal representatives in accordance with the established procedure and form to accept this Agreement.
2.3. The User agrees that at any time we have the right to request additional information about the User, and also have the right to request copies of documents to confirm the information about the User provided during the registration and make any other requests at our discretion.
2.4. The User accepts and agrees that the use of the Service can be carried out exclusively for personal purposes.
2.5. We are not obligated to verify the accuracy and completeness of the data provided by the User, and are not responsible for any losses of the User and losses of third parties due to inconsistencies between the information provided by the User during registration and real data.
2.6. The User is solely responsible for the safety of credentials to access the User's personal account and preventing it from disclosure to third parties.
2.7 The User agrees that they are solely responsible for any actions that occur through the User's account, the Service considers the actions performed through the User's account (login to which is made with the help of the credentials) as actions performed directly by the User.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The User shall:
3.1.1. Use the Service in ways not prohibited by the Agreement and applicable law, and not use the Service for any illegal activity.
3.1.2. Ensure the confidentiality of login credentials to the User's account and keep credentials safe from third parties.
3.1.3 Provide complete and accurate data and keep it up to date when registering.
3.2. The User has the right to:
3.2.1. Contact us to clarify the situation and take the necessary measures in the case of technical problems in the Service, messages with the prohibited content, as well as the detection of facts that give reason to believe that the User's access to the Service has been used in an unauthorized manner.
3.3. We shall:
3.1.1. Grant the right to the User to use the Service in accordance with this Agreement, 24 hours, 7 days a week, including weekends and holidays.
3.3.2 Make all reasonable efforts to ensure the stable operation of the Service, its consistent improvement and the correction of deficiencies in the Service.
3.4. We have the right to:
3.4.1 Suspend the Service for the time necessary to carry out scheduled maintenance and repair work on the equipment. In this case, we will strive to notify you in advance about the suspension of the Service in the way convenient for us.
3.4.2 At our own discretion and without the User's prior consent, use the tools of the Service to increase the performance, including the actions on behalf of the User on the platforms defined by the Service. In this case, the Service reserves the right to pay the appropriate compensation to the User.
3.4.3 Request copies of documents to confirm the information about the User that they submitted during Registration.
3.4.5. In case of violation by the User of the conditions (methods) of using the Service, unilaterally deprive the User of the right to use the Service.
3.4.5. In case of violation by the User of the conditions (methods) of using the Service, unilaterally deprive the User of the right to use the Service.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. The owner of the Service is the Administration.
4.2 The User is granted a simple (non-exclusive), limited, revocable, permanent license to use the Service in the amount and manner specified in the Agreement. Such a license is intended to enable the User to use the Service for their own purposes, taking into account the restrictions stipulated in this Agreement.
4.3 The User may revoke this license at any time by sending us a notice informing us of the revocation. From the moment the account is deleted, the license to use the Service is considered terminated.
4.4 The area of use of the Service is not limited (worldwide).
4.5. Service, its constituents and individual components (including, but not limited to: computer programs, databases, codes, underlying know-hows, algorithms), including trademarks, service marks, and domain names, as well as texts, graphic design, logos, images, both individually and composite objects, unless specifically stated otherwise, belong to the Administration and are protected by law. Any use of the intellectual property of the Administration without written consent is strictly prohibited.
4.6. The User agrees that they have no right (including no right to allow anyone) to modify, create derivative works, disassemble the Service into its component codes, decompile or otherwise attempt to obtain the source code of the Service or any part thereof. The User is fully responsible for such actions, provided for by applicable international, and national legislation.
4.7. The Service used by the User can automatically download and install updates provided by the Administration from time to time. Such updates are designed to improve or develop the Service and may be provided in the form of individual bug fixes, enhanced features, new software modules, or entirely new versions. The User agrees to receive such updates (and authorizes us to provide such updates).
4.8. The Agreement does not provide for the alienation of intellectual rights to the Service, with the exception of a limited license, which is granted on the basis of the foregoing. Nothing in the Agreement constitutes a cession of rights to the Service or a waiver of such rights under applicable law.
5. PERSONAL INFORMATION
5.1 We process the User's personal information in accordance with our Privacy Policy available at https://payup.video/privacy/.
6. PROHIBITED ACTIONS
6.1. The Administration guarantees to the User that actions performed on behalf of the User will not be performed for any illegal or prohibited purpose, and will not be committed in relation to content prohibited or limited by applicable law, or generally accepted moral standards, including, but not limited to:
- - pornographic materials, child pornography, child molestation;
- - inciting religious, racial, ethnic or international hatred;
- - violence, bullying, incitement to harm one's own life and (or) health, or the life and (or) health of other persons;
- - sale of drugs, weapons, explosives or placement of recipes for their manufacture;
- - propaganda of terrorism, extremism, Nazism, etc., as well as calls for violation of the current legislation and illegal actions;
- - offering goods or services, the sale of which is prohibited by applicable law or restricted in one way or another (alcoholic beverages, gambling, etc.);
- - hacks, viruses, crackers, databases of phone numbers, addresses, personal data, etc.;
- - spam, flooding, doorways;
- - insult to honor and dignity, slander, etc;
- - copyright infringement.
In addition, this content must fully comply with the requirements for content specified by platforms defined by the Service.
6.2. The User agrees that they shall not perform actions aimed at:
6.2.1. Obtaining unauthorized access to any part of the Service or accounts of other Users.
6.2.2. Causing damage to the equipment of the Service, the network and equipment of other Users.
6.2.3. Using the vulnerabilities of the Service.
Misleading anyone by assuming someone else's name for publishing, sending messages or using it in any other way for the purpose of intentionally causing damage to the Service and (or) third parties or for personal gain.
6.3. The Administration reserves the right, at its sole discretion, to terminate the User's account at any time in case of violation of the terms of the Agreement or without any reason, with or without notice, temporarily or permanently. The decision of the Administration is final and not subject to revision. In case of termination of the User's account due to violation of the terms of the Agreement, the compensation under the Agreement is not paid to the User.
7. APPLICABLE LAW
7.1 We comply with the applicable laws of the Russian Federation, but do not guarantee that the Service or any of its components are allowed for use in any other jurisdiction.
7.2. By accepting this Agreement, you confirm your consent to the regulation of legal relations regarding your use of the Service by the current legislation of the Russian Federation without regard to rules concerning conflict of laws.
7.3 The User hereby shall take responsibility for complying with the laws of the Russian Federation, as well as any other applicable law when using the Service.
7.4. Upon a formal request filed in accordance with the procedure prescribed by law, we will cooperate with law enforcement authorities in any investigation of alleged illegal activity in relation to the use of the Service by the User or third parties.
8. LIMITATION OF LIABILITY AND INDEMNIFICATION
8.1. We shall strive to ensure the operation of the Service, however, the Service is provided to the User on an “as is” basis, so we do not guarantee its uninterrupted operation, the absence of errors, defects, delays, and interruptions in operation, as well as its immunity to computer viruses, destruction, modification, information theft, hacking, and unauthorized access by third parties.
8.2 We shall not be liable if the Service fails to work on the User's devices or if the Service is not compatible with the User's software. To minimize the occurrence of such situations, the User should use the latest versions of the software and equipment normally used for similar services.
8.3 We are not responsible for the breakdown of the Service due to the failure of telecommunications and power networks, critical temperature changes, the action of malicious programs, as well as unfair actions of third parties aimed at unauthorized access and/or disabling the software and/or hardware necessary to operate the Service.
8.4 We disclaim all guarantees, express or implied, that the Service will meet the User's expectations regarding the use or results of use of the Service.
8.5 Under no circumstances shall we be liable for any direct, indirect, punitive, tax or other damages, lost profits or any other damages related to the User's use of the Service.
8.6. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO WHETHER DAMAGES RELATED TO LOSS OF INCOME, REVENUE, OR PROFIT, LOSS OF DATA, OR LOSS DUE TO THE BUSINESS SUSPENSION) ARISING IN CONNECTION WITH THE USE OF THE SERVICE, OR IN ANY OTHER WAY IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF THEIR ORIGIN, WHETHER BY CONTRACT OR DELICT (INCLUDING BUT NOT LIMITED TO THE FAILURE TO FOLLOW THE REGULAR PRECAUTIONS, WHETHER IN PASSIVE, ACTIVE OR RESPONSIBLE ACTION) OR OTHER LEGAL BASIS (EVEN IF THE USER HAD NOT BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE IMPLIED).
8.7. These limitations do not reduce or exclude our liability for gross negligence, fraud, or willful, intentional, or criminal acts.
8.8 Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to the User.
8.9 In case of blocking the User's account on the platforms specified by the Service, we are not responsible for this. The User uses the Service at their own risk.
8.10. Due to the fact that the Service operates in automatic mode and is carried out in real time, the amount of computing power and actions performed on behalf of the User can not be predetermined.
8.11. The User shall compensate us for all losses and expenses incurred as a result of the User's violation of this Agreement, any applicable law, or damage to third parties.
9. DISPUTE RESOLUTION
9.1. Any questions, comments and other correspondence should be sent by the User to the email address [email protected].
9.2. Technical support is provided via online chat on the website of the Service.
9.3 We reserve the right not to respond to inquiries, questions, suggestions or other information sent anonymously or in any way other than as specified above.
9.4. Requests, questions, and suggestions are reviewed by us within a reasonable time allotted for their consideration in accordance with the applicable law.
9.5. The User agrees that all disputes and claims relating to the use of the Service are governed by the provisions of this Agreement, and if they are not settled, they should be settled in the manner prescribed by the current legislation of the Russian Federation and are reviewed in the court at our location.
9.6. The User agrees that filing joint and/or collective suits and claims against us is not an appropriate and allowed way of protecting the rights by Users, even if it is allowed by applicable law. Therefore, the User shall undertake not participate in joint and/or collective suits and claims against the Administration.
10. TERM OF THE AGREEMENT
10.1 We reserve the right, in our sole discretion, to terminate the User's use of the Service at any time, with or without cause, with or without notice, temporarily or permanently.
10.2 The User may stop using the Service at any time by sending us an email. Upon deletion of the User's account, this Agreement shall cease to be effective.
10.3 Termination of an account may result in the destruction of all information associated with the User's account. We may continue to retain data from the User's account in accordance with the applicable law.
10.4 We reserve the right to modify the Agreement at any time at our sole discretion. We are under no obligation to provide notice of such changes. Any changes to this Agreement will be effective immediately upon posting on this page and will apply to all uses of the Service.
11. FINAL PROVISIONS
11.1 Nothing in this Agreement shall constitute legal advice.
11.2. The use of the Service by the User is based solely on their own informed risk.
11.3 If the User has any questions about their legal rights and obligations, there is a misunderstanding of the terms of the Agreement or applicable law, the User should consult a qualified professional before accepting this Agreement.
11.4 The User confirms that they have carefully studied the terms of this Agreement and applicable laws, and are aware of the risks and costs associated with the use of the Service.