Terms of Service

Terms and Conditions of Service

Welcome to Pnnny!  Please carefully review these Terms and Conditions of Service (the “ Terms”) that govern your access and use of the Pnnny, Inc. (“Pnnny,” “we,” “us,” and “our”) website located at https://www.pnnny.com/ (the “Website”), the Pnnny mobile application (“Pnnny App”), and other Pnnny provided services, products, websites, and applications that link to or display this Privacy Policy (collectively, the “Pnnny Platform”).  By using, accessing, or downloading the Pnnny Platform, you (“User,” “you” or “your”) acknowledge that you have read, understand, and agree to these Terms.  IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OR ACCESS THE PNNNY PLATFORM.


General Terms of Use and Restrictions on Use

Subject to these Terms, Pnnny grants you a limited, revocable, nonexclusive, nontransferable personal right to access and make use of the Pnnny Platform solely for the benefit of user and no other commercial purpose.  By using the Pnnny Platform, you represent and certify that you are 18 years of age or older, you will comply with these Terms, and all information that you provide to Pnnny is truthful, accurate, and belongs to you.

You agree that we may, under certain circumstances, immediately suspend or terminate your access to or use of the Pnnny Platform or any part thereof.  Such circumstances include, without limitation: (a) breaches or violations of these Terms or other incorporated agreements or guidelines; (b) discontinuance or material modification to the Pnnny Platform; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; or (e) engagement by you in fraudulent or illegal activities.  You further agree that such measures shall be taken in our sole discretion and without liability to you or any third party. 

Account

While a User may browse the Website or App without creating an Account, a User will need to have an Account in order to use the Pnnny Platform and view content.

To sign up to use Pnnny, a User must access the form on our Website or Pnnny App and provide certain information, including some personal information, such as your email address, and create a username and password (“ Account”). By providing your email address, you agree to receive emails from us that may include any notice, disclosure, statement, or newsletter, in connection with the Pnnny Platform.  When you create your Account, you will be asked to select the amount of credits you want to purchase and enter your credit card and billing information.  Once you complete those steps and submit the form, you will be directed to the Pnnny App to begin watching Pnnny!

If you are a creator of content, before uploading or posting any assets, you must create an Account and agree to the terms of theCreator Services Agreement [LINK].  Once a creator completes this process, the Creator will need to complete a few additional steps and become approved by Pnnny.  Please visit [LINK] to become an approved Creator. sg

You are responsible for maintaining the confidentiality of your username and password associated with your Account and are fully responsible for all activities that occur under your Account.  You are prohibited from sharing your Account with, or assigning your Account to, any other person without our prior written authorization.  Should your information change or you become aware of or suspect any unauthorized use of your Account, you must notify us immediately.  You agree to logout of your Account at the end of each session.

Pnnny Payments, Payouts, and Cancellations

Please refer to the pricing listed on our  Royalty Rates when you select how many credits you wish to purchase.  Prices are subject to change.  Each credit that you purchase gives you six minutes of viewing time. e.  t  All credits are non-transferrable and non-refundable.  Please visit our “FAQ” section in the Help Center of the Pnnny Platform for more information on costs and how we measure viewing time.

We use a Payment Processor called Stripe, Inc. to charge you for your selected viewing credits.  By selecting credits for purchase on the Pnnny Platform, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for the credits in accordance with any applicable payment terms.  The processing of payments is subject to the terms and conditions and privacy policy of our Payment Processor.

If you are an approved Creator, please refer to the Creator Services Agreement or visit the “Creators” section in our Help Center for more information on royalty rates and Pnnny payouts.

You may cancel your Account at any time by submitting a support ticket to Pnnny via help@pnnny.com.  If you cancel your Account, you will no longer have access to the Pnnny Platform and forfeit any remaining credits pre-purchased on your Account.

If you access the Pnnny Platform using your mobile device, you understand that your contract with your mobile network provider (“ Mobile Provider”) continues to apply and your Mobile Provider may charge you fees for your use of its network while accessing or using the Pnnny Platform, data downloading, roaming, or third party charges. You agree that YOU ARE SOLELY RESPONSIBLE FOR SUCH FEES AND CHARGES.

Links and Third Party Content and Service Providers

We or the Pnnny Platform may provide links to other websites or resources on the internet maintained by third parties.  You agree that we have no control over and are not responsible for the content or availability of such websites or resources, or for any privacy or other practices of the third parties operating those websites or resources.  We encourage you to review the terms and privacy policy governing the use of third party websites and resources.

We may use the services of a third party service provider to provide the Pnnny Platform or process transactions, including payment transactions (“ Payment Processor”), as part of your use of the Pnnny Platform.  By using the Pnnny Platform, you grant us all necessary rights and consents under all applicable laws, rules, and regulations to disclose to our third party service providers – or allow such third party service providers to collect, use, retain, and disclose – any personal information, as defined in our Privacy Policy, for purposes of providing the services hereunder to you, including data that we may collect directly from you using cookies or other similar means, as described in our Privacy Policy.

Privacy

Your privacy is important to us.  Please carefully review our Privacy Policy located at [LINK] for information about how we may collect, use, store, or share information from you.  The terms of the Privacy Policy are hereby expressly incorporated into these Terms.

Prohibited Uses

You agree to use the Pnnny Platform and related services only for lawful purposes and to follow all applicable laws and regulations of the United States and any state in which you reside when using the Pnnny Platform or related services.  While using the Pnnny Platform, you agree that you must not:

  • License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any portion of the Pnnny Platform or Content;
  • Copy, modify, adapt, alter, translate, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Pnnny Platform is based;
  • Promote illegal activities, sexual, or “adult” conduct, child abuse, drugs, or anything objectionable (as determined by us) or otherwise violate any applicable law;
  • Use the Pnnny Platform to post, use, upload, or disseminate content, files, graphics, software, or other material that infringes or misappropriates any trade secret or intellectual property rights, rights of publicity, rights of privacy, or proprietary rights of any party;
  • Take any action to circumvent, compromise, or defeat any security measures implemented on any of the Pnnny Platform, including to gain access to any of the Pnnny Platform;
  • Use any manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Website (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Pnnny Platform);
  • Frame or otherwise simulate the appearance or functions of the Pnnny Platform or any portion thereof;
  • Use the Pnnny Platform to gain competitive intelligence about us or develop a competing Pnnny Platform or service;
  • Use the Pnnny Platform to post, store, or disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, pyramid schemes, or other fraudulent schemes, or any other form of solicitation;
  • Harvest or otherwise collect information about other Users; or
  • Authorize or assist a third party to do any of the foregoing.

Intellectual Property Rights

All content or assets posted or uploaded by a Creator, including Approved Creator Content (as defined in the Creator Services Agreement) is subject to the terms of the Creator Services Agreement and remain the property of the Creator.   Except for Creator Content, all content and materials on the Pnnny Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, or other material (“ Content”) is the property of Pnnny or its third party licensors and is protected by United States and international intellectual property laws.  The Pnnny logo and all trademarks, trade dress, service marks, and trade names are proprietary to Pnnny.  The Approved Creator Content and Content are intended for your personal non-commercial use.  No right, title, or interest in any Content or Approved Creator Content is transferred to you as a result of your viewing or use of the Pnnny Platform.  You may not reproduce, republish, post, transmit, modify, create derivative works from, sell, or distribute in any way the Content or Approved Creator Content.

Notice of Copyright Infringement

If you believe that the Pnnny Platform contains any content or elements that infringe your copyrights, please provide our Designated Copyright Agent with the following information in writing:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and email address;
  5. A statement that the complaining party has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Pnnny, Inc.
Attn: Matthew Cooper, Designated Copyright Agent
6363 Wilshire Blvd., Suite 550
Los Angeles, California 90048
help@pnnny.com
(424) 238-3536

For more information regarding the above, please reference the Digital Millennium Copyright Act, 17 U.S.C. § 512.

Disclaimer

THE PNNNY PLATFORM IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  YOUR USE OF THE PNNNY PLATFORM IS AT YOUR SOLE RISK.  WE MAKE NO REPRESENTATION OR WARRANTY (A) THAT THE PNNNY PLATFORM WILL MEET YOUR REQUIREMENTS; (B) THAT THE PNNNY PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; (C) REGARDING THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, OR PERFORMANCE OF THE PNNNY PLATFORM; (D) THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED; OR (E) THAT ANY CONTENT, MATERIAL, INFORMATION, OR DATA OBTAINED BY YOU THROUGH THE PNNNY PLATFORM IS ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PNNNY PLATFORM OR US WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

PNNNY USES REASONABLE EFFORTS TO MAINTAIN THE PNNNY PLATFORM BUT PNNNY IS NOT RESPONSIBLE FOR ANY DEFECTS OR FAILURES ASSOCIATED WITH THE PNNNY PLATFORM OR ANY PART THEREOF, ANY CONTENT POSTED USING THE PNNNY PLATFORM, OR ANY DAMAGES (SUCH AS LOST PROFITS OR OTHER CONSEQUENTIAL DAMAGES) THAT MAY RESULT FROM ANY SUCH DEFECTS OR FAILURES. THE PNNNY PLATFORM MAY BE INACCESSIBLE OR INOPERABLE FOR ANY REASON, INCLUDING WITHOUT LIMITATION: (A) EQUIPMENT MALFUNCTIONS; (B) PERIODIC MAINTENANCE PROCEDURES OR REPAIRS; OR (C) CAUSES BEYOND THE CONTROL OF PNNNY OR WHICH ARE NOT FORESEEABLE BY PNNNY.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETIES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT PNNNY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR USE OR INABILITY TO USE THE PNNNY PLATFORM, ANY INFORMATION OR MATERIALS PROVIDED ON THE PNNNY PLATFORM, OR ANY THIRD PARTY CONDUCT OR TRANSMISSIONS IN CONNECTION WITH THE PNNNY PLATFORM, EVEN IF PNNNY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PNNNY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE PNNNY PLATFORM.

Termination

These Terms are effective upon your acceptance and continue until terminated in accordance with these Terms.  You agree that Pnnny may terminate your use of the Platform, or any part thereof, or remove, discard, or discontinue providing any Content or portion of the Pnnny Platform, without notice. Upon termination, you must cease use of the Pnnny Platform.  You may terminate these Terms at any time by ceasing all use of the Pnnny Platform.

Release and Indemnification

You agree to use the Pnnny Platform at your own risk.  You agree to release Pnnny, its shareholders, officers, directors, employees, and agents from any and all liability and obligations whatsoever in connection with or arising out of your use of the Pnnny Platform.  If, at any time, you are not satisfied with the Pnnny Platform or any related services, your sole remedy is cessation of use of the Pnnny Platform and such services.

You agree to defend, indemnify, and hold harmless Pnnny, its officers, directors, employees, agents, shareholders, licensors, and suppliers from and against any and all claims, actions, demands, obligations, damages, losses, liabilities, expenses, and costs, including reasonable attorneys’ fees, arising from (a) your access or use of the Pnnny Platform; (b) breach of these Terms; (c) infringement or misappropriation of any intellectual property or other rights of Pnnny or third parties by you; or (d) any negligence or willful misconduct by you.

Dispute Resolution

THIS SECTION AFFECTS YOUR RIGHTS – PLEASE READ CAREFULLY BEFORE AGREEING TO THIS AGREEMENT.

Arbitration

Any dispute, claim, controversy, action, or proceeding arising out of or relating to this Agreement or the services (a “ Dispute”) will be determined by arbitration in the State of California before a single arbitrator.  The American Arbitration Association (“AAA”) will administer the arbitration in accordance with the AAA rules.  The claimant party filing a demand for arbitration with the administrator of AAA and serving the demand on the opposing party will initiate the arbitration.  You and Pnnny will select an arbitrator in accordance with the applicable AAA rules, within thirty (30) calendar days of the date the demand for arbitration is filed.  Except as otherwise required by law, neither you, Pnnny, nor the arbitrator may disclose the existence, contents, or results of any arbitration under this Agreement without the prior written consent of you and Pnnny. Any award of the arbitrator will be accompanied by a statement of the reasons upon which the award is based.

No Class Action

YOU AGREE THAT ANY CLAIM YOU MAY HAVE AGAINST PNNNY MAY ONLY BE BROUGHT INDIVIDUALLY AND YOU WILL NOT JOIN SUCH CLAIM WITH CLAIMS OF ANY OTHER PERSON OR ENTITY OR BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION AGAINST US. BY ACCEPTING THESE TERMS, YOU AND PNNNY ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN OR BRING A CLASS ACTION.

Time to File

ANY DISPUTE THAT YOU MAY HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DISPUTE ACCRUES, OTHERWISE, SUCH DISPUTE IS PERMANENTLY BARRED.

Conflict

If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the code of procedure established by the AAA, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.

Injunctive Relief

Notwithstanding anything herein to the contrary, Pnnny reserves the right to seek injunctive relief if you use the Pnnny Platform in violation of the rights granted herein or infringe upon ormisappropriate any intellectual property rights of Pnnny.

Applicable Law

You agree that the laws of the State of California without giving effect to any principles of conflicts of law, govern these Terms and any dispute of any sort that may arise between you and us or any of our affiliates. Pnnny and you acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the foregoing paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the Terms shall be governed by the Federal Arbitration Act (“ FAA”), 9 U.S.C. §§ 1-16.

Export

Unless otherwise specified, the Content, Approved Creator Content, Website, Pnnny Platform, and other materials are solely for the services or products available in the United States.  Pnnny makes no representations or warranties that the Pnnny Platform, Content, Approved Creator Content, Website, or other material accessible via the Pnnny Platform is appropriate or available in locations outside of the United States.  If you access the Pnnny Platform from outside of the United States, you are responsible for compliance with all applicable laws, including any export or re-export controls, restrictions, and regulations.

Miscellaneous

Entire Agreement

These Terms, including any other terms or agreements referenced herein, constitute the complete and entire agreement between you and us with respect to the Pnnny Platform and Content offered via the Pnnny Platform, and unless otherwise expressly stated herein, supersede any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the Parties concerning the Pnnny Platform.

No Waiver

No waiver by either you or Pnnny of any breach of these Terms shall be deemed to be, or construed as, a further or continuing waiver of any other such breach or a waiver of any other breach of this Agreement.

Modification

We may discontinue or alter any aspect of the Pnnny Platform or remove content from the Pnnny Platform at any time without prior notice.  We reserve the right to modify these Terms or any additional terms applicable to the Pnnny Platform, at any time, without notice.  You should review these Terms regularly. Your continued access or use of the Pnnny Platform after the Terms have been revised constitutes your express consent to the modified Terms.

Contact Us

Should you have any questions or issues related to the Pnnny Platform, please contact us at:

Pnnny, Inc.

6363 Wilshire Blvd., Suite 550

Los Angeles, California 90048

help@penny.com

(424) 238-3536

These Terms were last updated: September 2018

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