Terms of Service

Last Updated: March 15th, 2020

PLEASE READ THESE TERMS OF USE CAREFULLY.  BY PARTICIPATING IN THE PAYBUD DIAMOND PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT PARTICIPATE IN THE PAYBUD DIAMOND PROGRAM.

These Terms of Use apply to your access to, and participation in, the PayBud Diamond program (“PayBud Diamonds”) which is operated by PayBud Cares, a nationally recognized, 501c(3) non-profit organization, in Washington D.C., the fifty (50) United States of America, and the Commonwealth of Puerto Rico. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with PayBud Cares or PayBud LLC for other products and services. PayBud Cares reserves the right to change, modify and/or eliminate PayBud Diamonds and/or all or any portion of these Terms of Use or any policy, FAQ, or guideline pertaining to PayBud Diamonds at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the PayBud Diamonds official website, www.paybuddiamonds.com (“Site”), and you waive any right you may have to receive specific notice of such changes or modifications.

Your participation in PayBud Diamonds confirms your acceptance of these Terms of Use and any such changes or modifications; therefore, you should review these Terms of Use and applicable policies and FAQs frequently to understand the terms and conditions that apply to PayBud Diamonds. If you do not agree to the Terms of Use, you must stop participating in PayBud Diamonds.

The PayBud Diamonds program is intended for personal use only. Commercial use is prohibited. This program is not targeted towards, nor intended for use by, anyone under the age of 18.

Please read the PayBud Diamonds official website carefully to understand how PayBud Cares collects, uses and discloses information about customers and how to update or change your personal information and how we communicate with you. PayBud Diamonds is one way in which PayBud Cares endeavors to reward and thank loyal donors and supporters of PayBud Cares causes.

PROGRAM OVERVIEW
1. PayBud Diamonds Program (the “Program”) is offered to any individual or organization that donates to PayBud Cares at its sole discretion.  Any individual or organization who officially registers on our Site, can participate in the PayBud Diamonds Program. Subject to these terms of use (“Terms of Use”), you will receive access to and the benefits of the Program. All Program offers, including the issuance, sell and resale of diamond certificates (“Certificates”) and bi-weekly raffles are subject to availability and may change without notice. The Terms of Use are periodically updated, and you may view the current Terms of Use for the PayBud Diamonds Program by visiting the Site.

2. Certificates have no cash value, and may not be assigned, transferred and/or pledged to any third party. You have no property rights or other legal interests in Certificates you hold. You are responsible for any personal tax liability that may be related to participation in the Program.

3. PayBud has the right to monitor all Program activity. If your Certificate holdings shows signs of fraud, abuse or suspicious activity, you may lose your accumulated Certificate(s), and, as a result of this activity, PayBud Cares may void any Certificate(s) assigned to you. If you have conducted any fraudulent activity, PayBud Cares reserves the right to take any necessary legal action and may have grounds to confiscate any Certificate(s) issued to you as a result of such activity. In addition, you may be liable for monetary losses to PayBud Cares, including litigation costs and damages, and you will not be allowed to participate in the PayBud Diamonds Program in the future. If your PayBud Diamond Certificate holdings does not represent the correct amount of Certificate(s) that you should have been assigned as determined by PayBud Cares, we reserve the right to adjust your Certificate holdings. If you have been given Certificates in error or if you believe your Certificate holdings has been the subject of any suspicious activity, please contact PayBud Cares immediately at admin@paybudcares.org.  If it is determined you have been the victim of a fraud, the amount of Certificates you have received will be reallocated to you.

4.  Without notice to you, PayBud Cares reserves the right to suspend and/or terminate your participation in the PayBud Diamonds Program if PayBud Cares determines in its sole discretion that you have violated these Terms of Use. In the event that your participation in PayBud Diamonds is terminated, then all accumulated Certificates assigned to you shall be voided.

5.  PayBud reserves the right to terminate, discontinue or cancel the PayBud Diamonds program at any time and in its sole discretion without notice to you.

Fees and Payments
Currently, PayBud Cares charges a 5% administrative fee for all PayBud Diamond donations.
Future changes to our Fee and Payment Policy are effective after we provide you with notice by posting the changes on our website. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on our website.

You are responsible for paying all fees (if any) and applicable taxes associated with your use of the Site. In the event a Certificate issued or assigned to you is deemed void for violating our Terms, any and all fees paid will be non-refundable, unless in its sole discretion PayBud Cares determines that a refund is appropriate.

In the event of a chargeback, you, as an initiator, agree to be liable for any associated costs or repayment of funds in the case that money has been sent to you by us.

Third Party Sites
Our Site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk.

These other websites are not under PayBud Cares’ control, and you acknowledge that PayBud Cares is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by PayBud Cares or any association with its operators. You further acknowledge and agree that PayBud Cares shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Content and License
You agree that the Site and PayBud Diamond Program contains Content specifically provided by PayBud Cares or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Site.

PayBud Cares grants each user of the Site a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from PayBud Cares, or from the copyright holder identified in such Content’s copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

Third Party Intellectual Property — Copyright Notifications
PayBud Cares respects the intellectual property of others, and we ask our users to do the same. PayBud Cares may, in appropriate circumstances and at its discretion, terminate any current arrangement or listing(s) of users who infringe the intellectual property rights of others. PayBud Cares will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that content infringes copyright.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PayBud Cares with a written notification containing at least the following information (please confirm these requirements with your legal counsel, or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
> An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
> A description of the copyrighted work that you claim has been infringed;
> A description of where the material that you claim is infringing is located on the PayBud Cares Site, enough for PayBud Cares to locate the material;
> Your address, telephone number, and email address;
> A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
> A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you believe that your work has been removed or disabled by mistake or misidentification, please provide the PayBud Cares’ Copyright Agent with a written counter-notification containing at least the following information:
> A physical or electronic signature of the subscriber/user of the Site;
> Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
> A statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
> You acknowledge that if you fail to comply with all the aforementioned notice requirements, your notification or counter-notification may not be valid, and that PayBud Cares may ignore such incomplete or inaccurate notices without liability of any kind.

Termination
PayBud Cares may terminate your access to all or any part of the Service at any time, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your submissions. If you wish to terminate your relationship with PayBud Cares, you may do so by contacting us. Any donations and/or fees paid hereunder are non-refundable. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer
PayBud Cares has no special relationship with or fiduciary duty to you.  This applies to any Certificate(s) you may hold now or in the future. You acknowledge that PayBud Cares has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release PayBud Cares from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. PayBud Cares makes no representations concerning any Content contained in or accessed through the Site, and PayBud Cares will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or 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. PAYBUD CARES, 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; (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK; OR (E) NOR WILL PAYBUD CARES AND THEIR RESPECTIVE AFFILIATES, AGENTS, ASSIGNEES, AND DESIGNEES ASSUME ANY LIABILITY OR BE RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, EXPENSE OR INCONVENIENCE DUE TO CANCELLATIONS OR DELAYS FOR ANY REASON, INCLUDING THOSE DUE TO WEATHER, OR ARISING FROM WAR, ACTS OF GOD, PANDEMICS OR ACTS OF TERRORISM.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Electronic Communications Privacy Act Notice (18USC 2701-2711): PAYBUD CARES MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE.

PayBud Cares will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on PayBud Cares’ equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

Indemnification
You shall defend, indemnify, and hold harmless PayBud Cares, its affiliates and each of its, and its affiliates employees, contractors, board of directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. PayBud Cares reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with PayBud Cares in asserting any available defenses

International
Accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Integration and Severability
The Terms of Use are the entire agreement between you and PayBud Cares with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and PayBud Cares with respect to the Site. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. Should a court of competent jurisdiction deem any of the provisions in these Terms & Conditions to be unenforceable in any respect, it is the intention of the Parties to modify, amend and limit said provision to the extent necessary to render the same valid and enforceable.

You and PayBud Cares agree these Terms of Service are the complete and represent an exclusive statement of the mutual understanding between you and us, and it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Service, and all modifications to these Terms of Service must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind PayBud in any respect whatsoever. You and PayBud agree there are no third party beneficiaries intended under these Terms.

Contact Information
Questions about the Terms of Service should be sent to us at:
PayBud Cares
216 Lemmon Drive #218
Reno, NV 89506