Terms of Use

Truepay Subscriber Terms and Conditions

The following terms apply to your use of Truepay (the “Company”) to process your Subscription to one or more Website(s) (“Website”) of your choosing. By purchasing a Subscription you qualify as a Subscriber of the Website and agree to be legally bound by these Terms and Conditions (the "Agreement") between you and Truepay. As a User, this Agreement may refer to you as "you", "your" or "User".

The following terms apply to your use of Truepay (the “Company”) to process your Subscription to one or more Website(s) (“Website”) of your choosing. By purchasing a Subscription you qualify as a Subscriber of the Website and agree to be legally bound by these Terms and Conditions (the "Agreement") between you and Truepay. As a User, this Agreement may refer to you as "you", "your" or "User".

DEFINITIONS

The following definitions apply to this Agreement:

"Chargebacks" shall mean a request that You file directly with Your card company or bank to invalidate Fees.

"Fees" means amounts paid or payable to Truepay in exchange for Subscription under this Agreement using a Payment Method. Fees are posted at the Website.

“Login" shall mean the combination of the unique username and password that is sold or provided by Truepay to the Subscriber and used to access Website.

"Payment Method" shall mean the method of payment which You use to purchase Your Subscription including credit card, debit card, money order, online check using our third party payment processing service.

“Registration” means the providing of information to receive a Login to certain Services without a fee

“Registrant” means a Subscriber who accesses the Services as a result of Registration

"Services" shall be the limited, non-transferrable license to stream or download images and video or other content from the Website and access certain Website pages and content. Services may vary depending on whether the Subscriber is using a Login as a result of Registration or purchasing a Subscription. Truepay reserves the right to change the benefits of Registration and/or Subscription at any time in its sole discretion.

“Subscriber” means a Subscriber who accesses the Services as a result of having purchased a Subscription.

"Subscription" shall be the access granted to a Subscriber using a Login for a limited period of time, to Website for the purpose of using the Services in exchange for payment of Fees.

MEMBERSHIPS

Fees. Users are liable for Fees for Subscription together with all applicable taxes. Users may cancel their Subscription at any time by contacting Truepay's customer service 24 hours a day or logging into their account details via the descriptor website indicated on their receipt or Payment Method statement. Users must cancel their Subscription 48 hours prior to the renewal date if they do not wish their Subscription to renew with associated Fees. Up until the date a Subscription is canceled the Subscriber authorizes Truepay to continue charging the User's Payment Method to pay: (i) Fees for Subscription; (ii) all purchases of other products, services and entertainment provided by Website; and (iii) other liabilities of yours to Truepay or any third party. Truepay reserves the right to change the price of the rebill Fee amount by updating the posted Fees in the Website which change shall take effect as of the next rebill unless you cancel 48 hours before such rebill. At any time, should You have any questions about the rebill price or date of your Subscription please contact Truepay customer service. If a Payment Method is declined, Truepay and its payment fulfillment provider may process the transaction several more times over the next few days. If such payment of Fees is accepted and the Subscriber purchasing Subscription qualifies with the other terms of this Agreement, then Subscription shall be considered purchased.

Territorial Limitations: Subscription are limited for use within a territory (the "Territory"), provided that the Territory does not include jurisdictions where the Content is illegal. You may only purchase a Subscription in the Territory where you access the Content from. If Truepay detects that a Subscription purchased or used outside of the Territory, Truepay may, in its sole discretion, disable Subscription so that the Login will NOT work and shall have the right to terminate this Agreement for breach without any refund for Fees already paid.

Subscription Types. Website may offer various types of Memberships, including offering Memberships of different terms of time (“Subscription Terms”) and each with its own Fee. The Fee will be indicated as a part of the process of purchasing Subscription and will renew at the same Fee and frequency as set forth in the receipt sent to the User's email address provided to Truepay. Fees may be changed upon thirty (30) days notice posted on the Website. During this period you will have the opportunity to cancel. However, if you do not cancel within such thirty (30) days then you are deemed to have accepted the Fee change.

Cancellation Policy. Memberships may be canceled on Truepay’s website www.truepay.io. If a Subscription is canceled before the renewal date the Subscriber will still have access for the remainder of the period already paid.

Subscription Fees are non-refundable once you use the Login or otherwise access the benefits of your Subscription on Website. Failure to use your Subscription or inability of Subscriber to access the Website through no fault of Truepay shall not be grounds for a refund of Fees.

In the event a refund is issued, ALL refunds will be made by Truepay who will only credit the Payment Method used to make the original purchase. Determinations as to whether a Refund will be issued and such Refund issue, if issued, within ten (10) days of communication between the Subscriber and the EA's customer service.

For all billing inquiries you may also visit www.truepay.io.

All chargebacks will be investigated. Illegal, fraudulent, false or repeated chargebacks may be grounds to refuse Subscription and other future purchases with Truepay and its affiliates and shall constitute a breach of contract. Truepay reserves all rights under law to collect all Fees owed to Truepay.

Users providing information to purchase Memberships represent and warrant that the information they provide in purchasing a Subscription is accurate and true.

TERM AND TERMINATION

Subscription, Subscription Term and the License shall begin as of when Fees are paid and Login is used and shall end when the Subscription Term ends or as otherwise provided herein.

Users are responsible for securing their own Subscription, Registration and Login information. If Subscriber believes or has reason to believe their Login, Subscription or Registration information in their possession has been the subject of an apparent breach of security, such as loss, theft, unauthorized disclosure or use of a Login, Subscriber must promptly inform Truepay. Until will not be liable for any such breach in security unless Truepay is notified of such breach and until such notice, the Subscriber will be liable for any unauthorized use of the Services.

Users may terminate their Subscription or Registration at any time and without cause by providing customer service notice to cancel. Users may complete a form located at www.truepay.io or contact customer service directly. Users are liable for all Fees incurred on the Subscription until 48 hours after notification of termination is received by Truepay’s customer service department. It is the User's responsibility to ensure notification is adequately provided. Notification should include full name, email address used upon joining and where applicable, the last four (4) digits of the Payment Method then in use.

Truepay can terminate this Agreement at any time and for any reason or for no reason on notice to you through the Website, provided that on such a termination without cause (e.g. not for lack of payment or violating these Terms and Conditions) you shall be entitled to use the Website for the Subscription Term for which Fees have already been paid.

By purchasing or terminating a Subscription Subscriber agrees to receive an email confirmation thereof to the email address last provided to the Website. Users may not opt out of receiving such emails. Therefore it is important to provide suitable contact information on sign-up for Subscription.

Users that have terminated their own Memberships may reactivate said Subscription by entering their original Login details in the Subscriber Login section. Users will have the option to select the Subscription of their choice when they reactivate their Login. The new Subscription will be charged at the price and at the frequency indicated in the receipt sent to User's email address. User's existing information will be used for the billing and rebilling of the Subscription.

DISCLAIMERS

The Website and its Content are provided "as is" and expressly disclaims any express or implied warranty of any kind including warranties of merchantability or fitness for a particular purpose. TRUEPAY offers no assurance of uninterrupted or error free Services. TRUEPAY does not warrant the accuracy, completeness OR AVAILABILITY of the information, text, VIDEO, graphics, links or other items contained on Website.

TRUEPAY IS NOT LIABLE FOR ANY THIRD PARTY DISRUPTION OF ACCESS TO THE WEBSITE oR CONTENT NOR IS IT LIABLE FOR ANY DAMAGE OR DENIAL OF ACCESS TO ANY COMPUTER, NETWORK OR COMMUNICATIONS EQUIPMENT.

Please read the privacy policy for information on what information is gathered from the Subscriber and how it may be used by Truepay and Website operator. Truepay reserves the right to transfer any and all data in its possession concerning you and your Subscription to a third party that is a purchaser of all or substantially all of the assets or shares of Truepay or as part of a corporate reorganization.

Right to Amend

Truepay can amend this Agreement at any time in its sole discretion by posting an updated version of this Agreement to the Website and notifying users at Login. Truepay will take reasonable steps to inform you in advance, if possible of any such amendment as set forth above.

California Consumer Notice

Under California Civil Code Section 1789.3, California users of EA’s services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.

Miscellaneous

Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRUEPAY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, CONTENT OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH TRUEPAY OR ANY OTHER SUBSCRIBER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRUEPAY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. You agree that the liability of Truepay hereunder shall not exceed the amount of Fees actually paid by you during the 30 days prior to the event giving rise to liability and unless prohibited by law, any cause of action must be brought within one year of the incident relating to the cause of action. You also agree to waive your rights to a jury trial for any cause of action. You agree that any cause of action related to or arising out of your relationship with Truepay must commence within ONE year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

Indemnity. You agree to indemnify, defend and hold harmless Truepay and its officers, directors, employees, agents, affiliates, licensors, parents and subsidiaries for any and all claims, demands, liabilities and disputes arising from or related to your use of the Website as well as any Subscriber Content generated by you thereto, including, but not limited any damages, costs, reasonable legal fees arising in any way.

Severability. If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law.  The remaining portions will remain in full force and effect. Any failure on the part of Pare to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision.  Our rights under this Agreement will survive any termination of this Agreement.

Notices. Notices by Truepay or its Website to Users may be given by means of electronic messages, by a general posting on Website, by mail or by telephone. ,

Customer Care. Inquiries regarding Subscription, Registration or the use of this Website must be directed to the customer service department here.

Governing Law. This Agreement shall be governed pursuant to the laws of the state of California. Any and all disputes arising under this Agreement shall be resolved exclusively before courts of competent jurisdiction in the County of Los Angeles.

Assignment. Truepay reserves the right to assign any or all of its rights or obligations under this Agreement to a third party without prior notice or consent from User.

The following Sections hereof shall survive termination of this Agreement: Definitions, Disclaimers and Miscellaneous.

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