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3.1 Applicability of terms and conditions: The use of any Service and/or the web/mobile application and making any Reservation are subject to these Terms and Conditions of Use.
3.2 Location: The web/mobile application, the Services, and any Reservations are intended solely for use by Users accessing the web/mobile application in the United States. We make no representation that the Services (or any goods or services) are available or suitable for use outside the United States. Notwithstanding the foregoing, if you access the mobile application, use the Services, or make Reservations from locations outside the United States, you do so at your own initiative and are responsible for the consequences and compliance with all applicable laws.
3.3 Equipment and Networks: The provision of the Services and the web/mobile application does not include the provision of a mobile phone or portable device or any other equipment necessary to access the mobile application or the Services or make Reservations. To use the web/mobile application or the Services or make Reservations, you will need internet connectivity and appropriate telecommunications links. You acknowledge that the terms of the agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the web/mobile application. As a result, the Mobile Provider may charge you for access to network connection services during the connection time when accessing the web/mobile application or any other third-party charges that may arise. You accept responsibility for any such charges that arise.
3.4 License to Use Material: By submitting any text or images (including photographs) (“Material”) through the application, you represent that you own the Material or have the proper authorization from the owner of the Material to use, reproduce, and distribute it. Hereby, you grant us a worldwide, royalty-free, non-exclusive license to use the Material to promote any product or service.
3.5 Your account must be public: Your account must remain public for PAIRON to function according to these terms of use.
3.6 The User warrants that they are over 18 years of age.
4.1 Booking an experience: For the Influencer to perform and attend the Experience, the Influencer must:
4.2.1 Acknowledge that it is not a free experience and will comply with what is required by the Merchant as value exchanged for such Experience.
4.2.2 Provide all necessary information and/or requirements set by the Merchant for an Experience.
4.2.3 Comply with all requirements of the Merchant and provide Content and information in accordance with the point.
4.3 Application of these Terms and Conditions of Use: By making any Reservation, you acknowledge that the Reservation is subject to these Terms and Conditions of Use.
4.4 Responsibility for Reservations of perishable products or Experiences: Each Merchant shall be responsible for ensuring that any Reservation-subjected Experience that is perishable has not expired.
4.5 Restrictions: (a) Reproduction, sale, resale, or trade of any Experience or Reservations is prohibited. (b) Booking Experiences is subject to the availability of the relevant Experience from the Merchant.
4.6 PAIRON PR LLC is not responsible: For the avoidance of doubt, PAIRON PR LLC shall not be liable for any loss or damage suffered by you as a result of attending an Experience or the failure of the relevant Merchant to fulfill Reservations or Experiences, or for not showing you relevant available Experiences due to the lack of availability of such Experiences under Clause 4.2.
4.7 Lost/stolen items: Neither we nor any Merchant shall be liable for lost or stolen items during attendance at Reserved Experiences.
5.1 Merchant Terms: You agree (and must) to comply with the relevant Merchant terms and conditions referred to in your Reservation, as amended from time to time.
5.2 Accurate information: You warrant that all information provided when registering and forming part of your Account is true, complete, and accurate, and that you will immediately inform us of any changes to such information by updating the information on your Account.
5.3 Content on the web/mobile application and the Service: It is your responsibility to ensure that any Content or information posted by you through the mobile application does not infringe the Terms of Use.
5.4 Prohibitions regarding the use of Services or the web/mobile application: Without limitation, you agree not to use or allow anyone else to use the Services or the mobile application:
5.4.1 To send or receive any material that is uncivil or in bad taste.
5.4.2 To send or receive any material that is threatening, grossly offensive, indecent, obscene, or menacing, blasphemous, or defamatory of any person, in contempt of court or in violation of confidentiality, copyright, personality rights, publicity, or privacy rights or any other rights of third parties.
5.4.3 To send or receive any material for which you have not obtained all necessary licenses and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law or infringe the rights of any third party in any country in the world.
5.4.4 To send or receive any material that is technically harmful (including computer viruses, logic bombs, trojans, worms, harmful components, corrupted data, or other malicious software or harmful data).
5.4.5 To cause inconvenience, irritation, or needless anxiety to others.
5.4.6 For a purpose other than which we have designed or intended to use our Service or web/mobile application.
5.5.6 Extracting data or hacking the Web/Mobile Application;
5.5.7 Using the Services or the Web/Mobile Application in violation of these Terms and Conditions of Use;
5.5.8 Engaging in any illegal activity in connection with the use of the Web/Mobile Application or the Services; or
5.5.9 Engaging in any conduct that, in our sole reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Web/Mobile Application or the Services.
5.6 You are responsible for providing all insights related to the campaigns/experiences you participate in, even if you do not enjoy the experience.
5.7 You are responsible for fulfilling requests or being liable for the retail value of experiences you fail to provide, in addition to the insights associated with these deliveries.
6.1 We will reasonably endeavor to correct errors or omissions as soon as possible after being notified of them. However, we do not guarantee that the Services or the Web/Mobile Application will be free from faults, and we do not accept liability for such faults, errors, or omissions. In the event of any error, fault, or omission, you must report it to us by contacting us at paironapp@gmail.com.
6.2 We do not guarantee that your use of the Services or the Web/Mobile Application will be uninterrupted and we do not guarantee that information (or messages) transmitted through the Services or the Web/Mobile Application will be transmitted accurately, reliably, in a timely manner, or at all. While we will attempt to allow uninterrupted access to the Services and the Web/Mobile Application, access to the Services and the Web/Mobile Application may be suspended, restricted, or terminated at any time.
6.3 We do not offer any warranty that the Services and the Web/Mobile Application are free from viruses or other elements that may have a harmful effect on any technology.
6.4 We reserve the right to change, modify, replace, suspend, or remove without notice any information or Service on the Web/Mobile Application from time to time. Access to the Web/Mobile Application and/or Services may also be occasionally restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to restore such access as soon as reasonably possible. To avoid doubt, we reserve the right to withdraw any information or Service from the Web/Mobile Application at any time.
6.5 We reserve the right to block access and/or edit or remove any material that, in our reasonable opinion, may give rise to a breach of these Terms and Conditions of Use.
7.1 If you use (or anyone other than you, with your permission, uses) the Web/Mobile Application, any Service in breach of these Terms and Conditions of Use, we may suspend your use of the Services and/or the Mobile Application.
7.2 If we suspend the Services or the Web/Mobile Application, we may refuse to restore the Services or the Web/Mobile Application for your use until we receive an assurance from you, in a form we consider acceptable, that there will be no further breaches of the provisions of these Terms and Conditions of Use.
7.3 PAIRON PR LLC will fully cooperate with any law enforcement authority or court order requesting or directing PAIRON PR LLC to disclose the identity or locate any person who breaches these Terms and Conditions of Use.
7.4 Without limiting anything else in this Clause 8, we shall have immediate or any time (in whole or in part) the right to: (a) suspend the Services and/or the Web/Mobile Application; (b) suspend your use of the Services and/or the Web/Mobile Application; and/or (c) suspend the use of the Services and/or the Web/Mobile Application for persons who, in our reasonable belief, are connected (in any way) with you if:
7.4.1 you commit any breach of these Terms and Conditions of Use;
7.4.2 we reasonably suspect you have committed, are likely to have committed or will commit a breach of these Terms and Conditions of Use; or
7.4.3 we reasonably suspect you may have committed or are committing fraud against us or any person.
7.4.4. at our sole discretion if we believe you have a low engagement rate.
7.5 Our rights under this Clause 8 shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations, or liabilities accrued prior to termination.
7.6 In the event of account suspension, PAIRON PR LLC will cancel, at its sole discretion, any future bookings for which you have been approved. No remedy or compensation will be provided in lieu thereof.
8.1 The Web/Mobile Application, the Services, the information on the Web/Mobile Application, and the use of all related facilities are provided “as is,” “as available” without express or implied warranties.
8.2 To the maximum extent permitted by applicable law, we disclaim all representations and warranties relating to the Web/Mobile Application and its contents, including inaccuracies or omissions in the Web/Mobile Application, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement, or implied warranties arising from the course of dealing or usage of trade.
8.3 We do not warrant that the Web/Mobile Application will always be accessible, uninterrupted, timely, secure, error-free, or free from computer viruses or other invasive or damaging code, or that the Web/Mobile Application will not be affected by force majeure events, including the inability to obtain or shortage of materials, equipment, facilities, energy, or telecommunications, lack of telecommunications equipment or facilities, and failure of information technology or telecommunications equipment or facilities.
8.4 While we will make reasonable efforts to include accurate and up-to-date information on the Web/Mobile Application, we do not warrant or represent its accuracy, timeliness, or completeness.
8.5 We shall not be liable for acts or omissions of third parties in any way, and for any direct, indirect, incidental, special, consequential, or punitive damages, in any way caused, resulting from, or in connection with the Web/Mobile Application and the services offered on the Web/Mobile Application, your access, use or inability to use the Web/Mobile Application or the services offered on the Web/Mobile Application, reliance on or downloading of the Web/Mobile Application and/or services, or any delay, inaccuracies in information or its transmission, including, among others, damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
8.6 We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise, regardless of the cause, for any indirect, consequential, incidental, special, or collateral loss or damage suffered or incurred by you in connection with the Web/Mobile Application and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment, including software, third party claims, and all associated and incidental costs and expenses.
8.7 The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
8.8 Despite our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to being intercepted by others. We cannot, and do not warrant that data transfers in accordance with the Web/Mobile Application, or email transmitted to and from us, will not be monitored or read by others.
You agree to indemnify and hold us harmless against any claim, action, demand, or proceeding brought or threatened against us, which is caused by or arises out of (a) your use of the Services, (b) the use of the Services by any other party using your username, password and/or any identification number assigned by PAIRON PR LLC, and/or (c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs, and interest in connection with such claim, action, demand, or proceeding.
10.1 All editorial content, information, photographs, illustrations, artwork, and other graphic materials, and names, logos, and trademarks on the Web/Mobile Application are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds, or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, transmitted, or circulated, whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
10.2 Nothing contained in the Web/Mobile Application shall be construed as conferring by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Web/Mobile Application without our written permission. Misuse of any trademark or other content displayed on the Web/Mobile Application is prohibited.
10.3 We will not hesitate to take legal action against any unauthorized use of our trademarks, name, or symbols to preserve and protect your rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
10.4 By participating in campaigns or creating content for merchants through PAIRON PR LLC, influencers and content creators (“Creators”) acknowledge and agree to the following: • All intellectual property rights, including, among others, copyrights, trademarks, and any other proprietary rights, in relation to the content created by them for a merchant (“Content”) will be irrevocably transferred shared to the merchant so they can reuse them on their own platforms as part of the barter transaction. • Creators hereby assign and transfer to the merchant all rights, titles, and interests in the Content, including all intellectual property rights. • Upon completion of the assignment and transfer, the merchant shall have the exclusive right to use, reproduce, distribute, display, perform, adapt, modify, and exploit the Content in any manner and through any media, whether now known or conceived in the future, without the need for additional approval or compensation to the Creator. • The Creator agrees to execute any document or take actions that the merchant may request to carry out the assignment and transfer of intellectual property rights as set forth in this clause. • The Creator warrants that they have the necessary rights and authority to assign and transfer the intellectual property rights in the Content to the merchant, and that the Content does not infringe or violate the rights of third parties, including, among others, copyrights, trademarks, or privacy or publicity rights. • The Creator agrees to indemnify, defend, and hold harmless PAIRON PR LLC and the merchant from any claim, liability, damage, cost, and expense (including reasonable attorney’s fees) arising from any breach or alleged breach of the representations and warranties made by the Creator in this clause.
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