The following terms and conditions (“Testimonial Terms and Conditions”) apply to the submission of written, picture or video testimonials (“Testimonials”) for use on this Website (the “Website”) and elsewhere by PAYXPS (“PAYXPS”). By submitting a Testimonial, you agree to these Testimonial Terms and Conditions.
1. Ownership of Testimonials
Upon submitting your Testimonial, you hereby assign to PAYXPS all of your right, title, and interest in and to your Testimonial, including all copyrights and other intellectual property rights therein, with full authority to copyright, reproduce, publish, make derivative works of, or otherwise use, in any manner and via any form of media PAYXPS deems advisable, for any purpose, throughout the world, all or any part of your Testimonial.
2. Testimonial Release
By submitting a Testimonial, you agree that PAYXPS may use and publish your name, voice, photograph, drawing or other likeness of you and any descriptive, biographical, or other written materials you provide, and all associated rights of personality or publicity, in any manner PAYXPS may deem advisable in connection with its use of your Testimonial. You agree that you are not entitled to any financial compensation for PAYXPS’s use of your Testimonial. You agree that PAYXPS may use your Testimonial with or without your name and may make reasonable edits or alterations to your Testimonial, provided that the meaning of your comments and statements is not substantially changed.
You hereby waive any right of approval with respect to use of your Testimonial and any materials created by PAYXPS in connection with your Testimonial, and you hereby release and agree to hold harmless PAYXPS, its agents, employees and assigns, and anyone authorized by any of them, from any and all claims, rights, demands, damages, actions or liability which you, your heirs, executors, administrators or assigns, may have in connection with such use, the resulting advertising, or these Testimonial Terms and Conditions. You understand that PAYXPS has no obligation to use your Testimonial and may elect to use or not to use your Testimonial (or any derivative work created from your Testimonial) in PAYXPS’s sole discretion.
3. Representations and Warranties
(i) (ii) (iii)
and affirm that:
you, and only you, made your Testimonial voluntarily;
it contains your own opinion;
it is based on your own experience(s) with PAYXPS or one of its partners, clients and/or its services; and it is true and correct to the best of your knowledge. You represent and affirm that you will contact PAYXPS in writing addressed to PAYXPS if at any time your opinion about PAYXPS or its services, as expressed in your Testimonial, should change and you wish to retract your Testimonial. You represent and affirm that your beliefs were not influenced in any manner and that, other than as expressed in these Testimonial Terms and Conditions, you have not received nor have been promised anything of value in exchange for making your Testimonial. You further represent and affirm that the facts stated about you in your Testimonial are substantially true and accurate, and that neither you nor any member of your family is an employee of PAYXPS.
You represent and warrant that you are the original creator of your Testimonial, and that your Testimonial does not:
- (i) infringe any copyright or other intellectual property right of any other person or company;
- (ii) contain defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable material;
- (iii) violate the privacy of any individual;
- (iv) disparage or otherwise refer to any other company, product, or service; or
- (v) contain any malicious code or other technical means of impairing, damaging, or
obtaining unauthorized access to any computer or computer system. You further represent and warrant that these Testimonial Terms and Conditions, and your compliance with them, do not in any way conflict with any existing commitments on your part; and that you have the full right to enter into this agreement without violating the legal or equitable rights of any third party.
You agree to indemnity and defend the Company against any and all claims by third parties arising out of or in connection with your Testimonial, except to the extent such claims arise from the Company’s editing or alteration of your Testimonial.
6. Video Service
PAYXPS will engage with any 3rd party provider in connection with accepting, storing, processing, posting, and using video Testimonials. By uploading a video Testimonial, you agree to Provider’s additional terms and conditions regarding your Testimonial (“Provider Terms”). In the event of any conflict, these Testimonial Terms and Conditions will take precedence.