This is a legally binding contract between you and Trillo, Inc., the company that operates Punchpass. Please make sure you read it. We’ve tried to make it as clear as possible, but we welcome your feedback to email@example.com if you have suggestions or questions.
Punchpass provides a platform that allows you to manage your business operations through the use of our service and website. When we say “site,” we mean punchpass.com and all the services offered through our site. When we say “we,” “us,” or “our,” we mean Trillo, Inc. (“Punchpass”), a Vermont S-corporation. When we say “your content” or “content”, we mean any text, sound, files, graphics or other material which you post, upload, protect, or sell on or through the site; similarly, when we say “Punchpass content,” we mean the copyrightable text, sound, graphics, and other material owned by Punchpass. And when we say “terms,” we mean these terms of service.
2. Accepting these terms
Please read these terms before using the site. If you do not agree to these terms, you may not register for the site. If we make material changes to these terms, we’ll let you know either through the site or via email (at the email address you provide). If you do not agree to those changes, you may send a request to cancel your account to firstname.lastname@example.org. If we do not hear from you within ten days, the revised terms will apply to you. Please also note that our Data Processing Addendum under the EU General Data Protection Regulation (GDPR) forms part of these Terms of Service and is incorporated herein by reference.
3. Permitted users
Punchpass is designed for use by adults. You must be thirteen years of age or older to use it. If we learn that we have collected personal information from a child under the age of thirteen, we will delete that information as quickly as possible. If you believe that we might have any information from a child under the age of thirteen, please contact us at email@example.com. When you use the site, you represent and warrant that you have the legal capacity to form a binding contract with us, and are doing so by your agreement to these terms.
4. Copyright and intellectual property
We own our stuff; you own yours.
You retain ownership of all content you upload to, or otherwise share on the site. However, by posting, uploading, or sharing your content, you grant us a non-exclusive, sub-licensable, royalty-free, worldwide license to access, use, and display your content in connection with the site and services we provide to you. This license permits us to perform the services that you registered for; for example, it permits us to store your content on redundant data servers, but it does not permit us to sell your content to advertisers or any other third party, nor does it transfer the copyright to us. This license ends when you delete the material or your account (subject to our standard data policy, in which we wait 60 days before permanently deleting your information).
Specific to video content uploaded to Punchpass – by uploading a video you grant Punchpass permisson to:
- Stream the video to your users
- Embed the video on Punchpass
- Transcode the video to compress it’s size for hosting
These permissions/license are also applied to any service provider we use to facilitate the upload, hosting, and distribution of the video content and exist until the content has been deleted from Punchpass.
You affirmatively agree not to reproduce, publish, or distribute content in connection with the site that infringes any third party’s trademark, copyright, patent, trade secret, publicity, privacy, or other personal or proprietary right.
All Punchpass content, the selection, compilation, arrangement and presentation of all materials, and the overall design of the site are copyrighted by us, and are protected by US and international laws. Use of our content without our express prior written permission is strictly prohibited.
Punchpass.com, Punchpass, and the Punchpass logo are trademarks or registered trademarks of Trillo, Inc. in the United States and other foreign countries. Our trademarks may not be used in connection with any product or service without our express written permission.
You agree that all custom development and other data or materials generated or developed by us in connection with the site, including without limitation in response to your request for custom development or integration services or in connection with your suggestions, enhancement requests, recommendations, or other feedback, shall be and remain the property of Punchpass. To the extent that any rights to such materials, under applicable law, do not vest directly in Punchpass, you hereby assign to Punchpass the ownership of all such rights, including without limitation all copyrights, in such materials without the necessity of any further consideration and Punchpass shall be entitled to obtain and hold in its own name all such rights in such materials. To the extent that any such rights to such materials do not vest directly in Punchpass and applicable law prohibits the assignment of such rights to Punchpass, you hereby grant to Punchpass a royalty-free, worldwide, transferable, sub-licenseable, irrevocable, perpetual license to all such rights without the necessity of any further consideration.
5. Punchpass rules
We have some ground rules which you must adhere to when using the site. You agree not to do any of the following:
- Threaten others with violence.
- Use hateful, abusive, harassing, libelous, or obscene language towards others.
- Upload, publish, or distribute any material that infringes or violates any third party’s copyright, trademark, trade secret, privacy, or other proprietary or property right;
- Upload, publish, or distribute any material which promotes illegal activity, could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation;
- Upload, publish, or distribute any material that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Upload, publish, or distribute any material which is defamatory, inaccurate, abusive, profane, child pornographic, offensive, obscene or otherwise objectionable;
- Upload, publish, or distribute video, audio, photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
- Use the site to send spam, chain letters, junk mail, or any other type of unsolicited mass email;
- Use the site to distribute viruses or other harmful, disruptive, or destructive files;
- Use or attempt to use another person’s account;
- Disrupt or interfere with the security of, or otherwise abuse, the site, or any servers or networks connected to the site;
- Attempt to obtain unauthorized access to or at the site;
- Impersonate another person;
- Make the site, in whole or in part, available to any other person, entity, or business except as expressly authorized by us;
- Copy, reverse engineer, decompile, or disassemble any code or functionality of or at the site, in whole or in part, or otherwise attempt to discover the source code to any software used in or at the site;
- Modify the site or any associated software or combine the site with any other software or services not provided or approved by us;
- Share with any minor any content or materials inappropriate for children, or allow any minor access to such materials;
- Systematically harvest data from the site, or programmatically register accounts on the site;
- You further agree that you are responsible for your actions in relation to the site, and for any communications transmitted under your account; that you will comply with all laws relating to the transmission of technical data or software exported from the United States; and that you will comply with all applicable local, state, national and international laws and regulations, including without limitation those related to privacy, data collection, and email creation and delivery.
If it appears you have violated any of these rules, we may, in our sole discretion, remove any offending material or immediately limit or terminate your account.
6. Account and Password
You are responsible for keeping your login credentials and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only start the password reset process for you. We are not liable for any loss or damage that results from your failure to comply with this requirement.
We don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on our review of correspondence and account activity.
7. Monthly Payment Plans
You must provide a valid credit card to use the service after your free trial has expired. As long as you have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that cannot be processed with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card, we’ll try to contact you by email and suspend your account until your payment can be processed.
Payments are due for any month on the same or closest date to the day you made your first monthly payment.
If you upgrade your plan, then you’ll have to pay at the higher level on or before the next pay date.
We’ll give you a refund for a prepaid month if we stop providing our services to you for a reason that’s not laid out in these terms. You won’t be entitled to a refund from us under any other circumstances.
Our charges for monthly plans are posted on our website. We may change our fees at any time by posting a new pricing structure to our website and/or sending you a notification by email.
8. Canceling your account
You can cancel your account at any time by contacting us via our web messaging service from your verified email profile or by emailing us from your verified email profile at firstname.lastname@example.org. In order to protect your account, we will not honor cancellation requests that do not originate from your verified email profile.
If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and may cancel and permanently delete the account and all the data associated with it.
We may suspend our service to you at any time, with or without cause, and cancel your account.
Your data is deleted from our servers 60 days after your account is canceled. Data may continue to reside in offsite backups & log file backups for up to one year before those backups and log files are automatically deleted.
9. Disclaimer of warranties
We will strive to prevent interruptions to the service and be good stewards of your data. However, the site and our services are provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not make any warranty that the site or our services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. You understand that you obtain content or services through the site at your own discretion and risk.
10. Limitations of liability
Under no circumstances — including, without limitation, negligence — shall we be liable for any direct, indirect, incidental, special or consequential damages, resulting from (1) the use or the inability to use the site; (2) the cost of procurement of substitute goods and services; (3) unauthorized access to or alteration of your transmissions or data; (4) loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages. The foregoing shall not apply to the extent prohibited by applicable law.
You will not hold Punchpass responsible for any content made available through the site. Our site allows anyone to offer services, at any time, from anywhere, in a variety of pricing formats. We have no control over and do not guarantee the quality, safety or legality of the content advertised, the truth or accuracy of content, the ability of sellers to sell the content, the ability of buyers to buy the content, or that a buyer or and seller will actually complete or refund a transaction.
Our total cumulative liability to you for any and all claims arising from or in connection with these terms and/or the site (under any legal theory, including without limitation claims in contract or tort) will not exceed the amounts actually paid to us by you in the 1 month period immediately preceding your formal written notice of the claim for liability hereunder. All claims that you may have against Punchpass will be aggregated to satisfy this limit and multiple and/or subsequent claims will not enlarge this limit.
You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the site, including but not limited to your violation of this agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
12. Right to terminate
We may at any time decide to alter, amend, modify, or terminate the site, any functionality or portion of it, all in our sole discretion, and you understand that there is no guarantee that the site or any portion or functionality of it will continue to operate or be available for any particular period of time.
It is our expectation that any communication with Punchpass support, employees, or contractors representing Punchpass be considerate, and respectful. Abusive behavior will not be tolerated and your account may be terminated at our discretion if we consider your communication or treatment of Punchpass employees to be harmful.
These terms shall be governed by and construed in accordance with the laws of the state of Vermont, without giving effect to its conflict of law provisions. You agree that you will bring any claim or cause of action arising out of your use of the site in the courts located within Chittenden County, Vermont, and you also agree to submit to the personal and exclusive jurisdiction of those courts. You agree that any claim or cause of action arising out of your use of the site or these terms must be filed within one year after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary. If any provision contained in these terms is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of these terms will remain in full force and effect. No waiver of any provision of these terms shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms and/or your use of the site. You may not assign any right, interest, or benefit provided under these terms or through the site without our express prior written consent. These terms set forth the entire agreement between you and us, and supersede any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and us with respect to the site and our services. A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and/or your use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms were derived from Editorially’s, which is available under a Creative Commons Sharealike license. You in turn are therefore allowed to copy it, adapt it, and repurpose it for your own use as permitted under the terms of that license. Just make sure to revise the language so that your policy reflects your actual practices.