These terms and conditions (“Terms & Conditions”) (together with any documents referred to) are to be followed while using the website www.paywhatyouwant.io and any of our affiliated websites, whether as a guest or a registered user. Please read these terms & conditions carefully before using the website. While using this website, you acknowledge that you accept these Terms & Conditions and agree to abide by them. If the User disagrees to these Terms & Conditions they may abstain from using this website.
We may amend this User Agreement and any linked information from time to time by posting amended terms and conditions on the Website, without prior notice.
We may add, change or amend any information, products or services described in the Website. However, we do not undertake to keep the website updated. We are not liable for any error or anything which occurs in the information on the website or if that information is not updated.
This Website is a site operated by Ashburton Concepts Ltd trading as Paywhatyouwant.io (“We”). We are registered in England and Wales and have our registered office at Virginia House, 87 East Street, Ashburton, Devon, England TQ13 7AL.
The Website is an online venue for a complete “pay what you want” marketplace for all digital products ranging from e-books, photography and podcasts to music and more. Sellers must register for an Account in order sell/provide Seller Services and/or items.
GENERAL USAGE POLICY
We reserve the right to refuse services to anyone for any reason at any time. Your usage of the service is at your sole risk. The service is provided on an “as it is” and “as available” basis without any warranty or condition, express, implied or statutory. We neither warranty that the service will be uninterrupted, timely, secure, or error-free and nor warranty that the results that may be obtained from the use of the service will be accurate.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. We do not warrant that the quality of products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service. In no event shall we or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence).
You agree to indemnify and hold us and (as applicable)
our parent, subsidiaries, affiliates, our partners, officers, directors,
agents, and employees, harmless from any claim or demand, including reasonable
attorney’s fees, made by any third party due to or arising out of your breach
of this Terms of Service or the documents it incorporates by reference, or your
violation of any law or the rights of a third party. Technical support is only
provided to paying account holders and is only available via email.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by us. Verbal or written abuse of any kind (including threats of abuse or retribution) of any our customer, our employee, member, or officer will result in immediate account termination. We do not claim any intellectual property rights over the material you provide to our services. All material you upload remains yours. You can remove your store at any time by deleting your account. This will also remove all content you have stored on the Service. By uploading images and item description content to www.paywhatyouwant.io, you agree to allow other internet users to view them and you agree to allow us to display and store them and you agree that we can, at any time, review all the content submitted by you to its Service.
The failure of us to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and www.paywhatyouwant.io and govern your use of the Service, superseding any prior agreements between you and www.paywhatyouwant.io (including, but not limited to, any prior versions of the Terms of Service). We do not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service.
We have internal policies and may at our sole discretion, limit downloads from your store if our server processing power, server memory, or abuse controls indicate that you are not fairly using our service. Using your account as an online storage space for archiving electronic files is disallowed. Questions about the Terms of Service should be sent to contact at www.paywhatyouwant.io
CANCELLATION OR REFUND POLICY
Since Paywhatyouwant.io is a digital marketplace on a “pay what you want basis”, there are no refunds or cancellations. We aim to provide a service whereby we can payout to our vendors in a timely way without the risk of refunds at a later date, and therefore customers should be aware what they are buying and if necessary make enquiries to the buyer before they purchase, especially since they can choose which price they wish to pay (including paying nothing at all).
THIRD PARTY CONCERNS
Our website may include links to third-party sites occasionally. We may occasionally also contact users regarding offerings from third parties. Please note, we do not share the contact information of any kind of our users with these third parties. Users can also connect their accounts to social media sites from our web site (Twitter, LinkedIn, etc.) for Log in. We contract with third party vendors to store data on their servers (in particular Amazon Web Services).
- Information about your rights and our obligations
- Clarity about our dealings with you and transparency about how we collect and use your personal data
- Commitments on how we protect your personal data
- Commitments on how we will facilitate your rights and respond to your questions.
INFORMATION FOR USERS
We generally communicate to our users via email and sometimes personalize the experience. We may also without any notice get a notification of a click on a link within our emails. Customers may be able to opt-out or unsubscribe from promotional or marketing emails. We secure the communication of personal information with Secure Socket Layer (SSL) protocol.
Users can leave reviews for products, leave comments under products and also there is a contact form on users’ shop pages (anybody can use the contact form, not just other members. Users should be civil to each other when commenting or contacting others.
Cookies are a common feature used on almost all websites. A cookie is a small text file that is downloaded onto a device to allow a website to recognize it and to store some information about your preferences.
We reserve the right to withdraw or amend the service we provide on
the Website without notice. We will not be liable if for any reason the Website
is unavailable at any time or for any period. We may allow access to some parts
of the Website, or the entire Website, to users who have registered with us.
The information provided to you must be treated as confidential and shall not be disclosed to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time and terminate your registration at any time without notice to you if in our opinion you have failed to comply with any of the provisions of these Terms & Conditions.
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms & Conditions and that they comply with them
IMPORTANT: If you believe that someone has uploaded material to Paywhatyouwant.io to which you own the copyright, then please contact us immediately at firstname.lastname@example.org and we will take steps to rectify the situation right away.
You should only upload material to Paywhatyouwant.io to which you own the copyright. Failure to adhere to this may result in your expulsion from the site and/or we may report you to the authorities.
IMPORTANT: unlike some other web companies, Paywhatyouwant.io will not have any ownership rights in any elements of your work, however, Company needs the following license to perform the Service. Each User uploading Works to the Service grants Company and its authorized sublicensees and distributors, if any, the worldwide, non-exclusive, royalty-free, right and license to: (i) reproduce, distribute, publicly perform (including on a through-to-the-audience basis and by means of a digital audio transmission), publicly display, create derivate works of, communicate to the public, synchronize and otherwise exploit (collectively, “Exploit”) (1) the User’s Works and perform the Service on the User’s behalf (e.g., reproduce, transcode, copy and store the User’s Works on computer servers owned and/or operated by or on behalf of Company or its authorized sublicensees and distributors, and publicly perform, transmit, synchronize, stream, distribute, and playback the User’s Works) using any technologies or methodologies now known or hereafter developed, and (2) Exploit all associated copyrightable works or metadata, including, without limitation, ebook abstracts, ebook illustrations, photography descriptions, product descriptions in general, thumbnail images, samples of the products for users before they buy, song lyrics and musical notations, album cover artwork, photographs, graphics, and descriptive text (“Artworks”) in connection with the Service); (ii) allow users of the Service to receive public performances and public displays of the User’s Works and to reproduce the User’s Works on any and all devices owned or controlled by the user for non-commercial purposes and receive performances and displays of same; and (iii) reproduce, use, and publish, and to permit others to reproduce, use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of the Artist, in connection with the provision of the Service.
The Service is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Company, and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the service is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements. Your use of the service is solely at your own risk.
ARBITRATION CLAUSE AND JURISDICTION
In the event of a dispute arising out of or relating to this contract, including any question regarding its existence, validity or termination, the parties shall first seek settlement of that dispute by mediation in, which Procedure is deemed to be incorporated by reference into this clause. All disputes arising out of or in connection with the present contract in case of no settlement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. We have our registered office in England and Wales and thus any dispute arising between us shall only have the jurisdiction within the Court’s jurisdiction of England and Wales
Paywhatyouwant.io runs an affiliate program so that partners can earn revenue when they refer vendors and/or customers to the website. We have designed this to maximise the revenue available to affiliates while still ensuring that vendors get a guaranteed revenue stream from their creations. Paywhatyouwant.io retains the right to change the terms of the affiliate program at its sole discretion, including the commission rates to different parties and the time period during which the affiliate receives income from the customers and/or vendors they have introduced; this includes for current as well as future affiliates. We may, from time to time, do special offers for affiliates. We may partner with other organisations to offer revenue for affiliates.