METAL PAY CLUB
Terms & Conditions
PLEASE READ CAREFULLY. By accepting membership in the Metal Pay Club (the "Program"), participant (“Participant” or “you”) agree to the following terms and conditions (the “Rules”).
- Overview of Metal Pay Club. The Metal Pay Club is a rewards and brand ambassador program sponsored by Metallicus, Inc. d/b/a Metal Pay (“Metal Pay”) through which qualifying individuals may participate in contests and challenges for a chance to win rewards points (“Points”) and compete with other Club members for prizes.
- Requirements to Participate in Metal Pay Club.
Each Participant must:
- Be an active Metal Pay account holder
- Be 18 years of age or older
- Complete and submit an application form
- Acknowledge and agree to comply with these Terms & Conditions
- Be approved by Metal Pay after an internal review, which will include verifying that Participant’s Metal Pay account is in good standing as well as a potential review of other social media and/or public information
Metal Pay reserves the unconditional right to accept or deny any application for membership in the Metal Pay Club.
- Duration, Modification and Termination of the Program. Metal Pay reserves the right to suspend or modify the Program, at its discretion, at any time with or without notice. Termination, modification or suspension may affect a Participant's ability to win Points or compete for prizes. Participant's continued participation in the Program constitutes your acceptance of any changes to these Rules.
- Awarding Points. Points shall be awarded to Participants in connection with special contests, challenges and promotions (“Point Challenges”) announced by Metal Pay. These Point Challenges may include things like crafting the funniest caption to a photograph or competing in a haiku contest. Point Challenges will award Points for participation and/or for winning the Point Challenge.
- Tracking Points and Leaderboard Prizes. Each Participant’s Points will be tallied on the Monthly Leaderboard for the applicable Tier. Each month the Participants who have the highest Point totals on the applicable Leaderboard will win the prizes announced for that month (a “Monthly Leaderboard Prize”). In addition, all Points will be tracked on an Annual Leaderboard, making Participants eligible to compete for the announced Annual Leaderboard Prize. The Leaderboards (showing Participants’ usernames) are visible to all Club Participants.
- Leaderboard Tiers. Metal Pay Club Participants are divided into tiers depending on level of participation in Point Challenges. All Participants start at Silver Tier (the lowest), even if they never complete a Point Challenge. There is no Leaderboard for Silver Tier. Once a Participant completes at least one Point Challenge, then, as of the first day of the following month, that Participant qualifies for inclusion on the Gold Leaderboard. The fifteen Gold Tier Participants who earn the most Points on the Gold Leaderboard for any month will qualify for the Platinum Leaderboard beginning the following month. Qualification for the Platinum Leaderboard will make the Participant eligible for additional Point Challenges and higher-value prizes.
Participants who are on the Gold Tier will revert to Silver Tier if they fail to earn any Points during a two-month period. Participants who are on the Platinum Tier will revert to Gold Tier if they fail to earn any Points during any calendar month.
- Points Have No Value. Participant understands and acknowledges that Metal Pay Club Points do not constitute property, do not entitle any Participant to any vested right, have no independent value, and are not redeemable for cash or prizes. Points are only used to compete for Leaderboard Prizes. All Points are erased from the Monthly Leaderboards at the end of each month and from the Annual Leaderboard at the end of each year.
Participants may not purchase, gift or transfer Points. Points are not transferable or assignable for any reason, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law. Any Points remaining on a Leaderboard if the Program is canceled will be forfeited without compensation. There shall be no carry over or transfer of Points to other Metal Pay programs, unless otherwise determined by Metal Pay in its sole and absolute discretion.
- Compliance with Rules. Metal Pay reserves the right to invalidate any Points it determines were improperly credited or obtained fraudulently. Metal Pay reserves the right to delay the award of Points in order to assure compliance with these Rules and any rules applicable to the Point Challenge. Without limiting any other remedies, Metal Pay may suspend or terminate a Participant’s Metal Pay Club membership if Metal Pay suspects that a Participant has engaged in illegal or fraudulent activity in connection with the Program. Any failure to abide by these Rules or any other policies or procedures implemented by Metal Pay, any conduct detrimental to Metal Pay, or any misrepresentation or fraudulent activities in connection with the Program may result, in addition to any rights or remedies available to Metal Pay in law or equity, in the termination of any Participant’s participation in the Program, as well as forfeiture of Points accrued to date, all as determined by Metal Pay in its sole discretion.
All questions or disputes regarding eligibility for the Program, the award of Points or Leaderboard Prizes, or a Participant’s compliance with these Rules will be resolved by Metal Pay in its sole discretion.
- Taxes. Participants are responsible for the payment of all taxes which may result from participation in the Program. Participants may be required to complete tax documents, including an IRS W-9 or equivalent, in order to receive Leaderboard Prizes.
- Intellectual Property & Ownership Rights. Participant acknowledges that he or she may submit creative or other works (including, but not limited to, musical compositions and other works, literary or textual documents or creations, images or photographic works, audio or video recordings or files, and system and/or product ideas or suggestions) to Metal Pay (each such work, a “Submission”) in connection with a Point Challenge or otherwise in connection with Participant’s participation in the Metal Pay Club.
In the event that Participant does submit, provide or share such a Submission to or with Metal Pay, Participant hereby grants to Metal Pay, without limitation, the right to edit, mix, duplicate, use and re-use the Submission in whole or in part in any way that Metal Pay may elect and Participant understands that Participant will not have any right to be notified of or to approve such use. Further, Participant grants Metal Pay complete ownership of the Submission, including copyright interests, and the right to use, broadcast, perform, display, market and otherwise distribute the Submission, in whole or in parts, and alone or with other materials, for any purpose Metal Pay determines and without payment of any compensation whatsoever to Participant. This grant includes the right for Metal Pay to use any Submission for ANY USE, including but not limited to advertising, promoting or publicizing; online/internet videos or other publication; and for media releases and other public relations. This grant is an exclusive, perpetual, irrevocable, unlimited, worldwide, fully paid, and unconditional license for Metal Pay to use each Submission in any manner now known or in the future discovered.
Participant agrees and warrants that he or she will not use or incorporate any intellectual property in any Submission that would be in violation of any rights of a third party or any licensing terms, contractual or other obligations to which Participant is bound.
- Image Release. In the event that Participant provides Metal Pay with, or allows Metal Pay to make, any photograph, audio or video recording or other capture of Participant’s likeness or voice, as part of any Submission or otherwise in connection with Participant’s participation in the Metal Pay Club, Participant hereby grants to Metal Pay the rights to use Participant’s image, in video or still, and the likeness and sound of Participant’s voice as recorded on audio or video tape. Participant understands that such image and/or recording may be edited, copied, exhibited, published or distributed, and Participant waives any right to inspect or approve any product wherein it appears. Additionally, Participant waives any right to royalties or other compensation arising or related to the use of such image or recording. Participant also understands that this material may be used in diverse advertising and media settings within an unrestricted geographic area and may be electronically displayed via the Internet or in a public setting.
- Endorsements & FTC Guides. In the event that Participant references, blogs about, discusses, links to, tweets, hashtags or otherwise communicates any endorsement of Metal Pay or Metal Pay products in connection with any Point Challenge or in response (in whole or in part) to any request or incentivization by Metal Pay (an “Endorsement”), Participant will make all such disclosures as are required by the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “FTC Guides”). In addition, Participant shall tag or otherwise notify Metal Pay of any such Endorsement and, if requested by Metal Pay, promptly remove or delete any such Endorsement.
Participant may not use any copyright, trademark, service mark, or general branding of Metal Pay without full disclosure and written consent of Metal Pay.
- Participant Representations and Warranties. Participant represents and warrants that: (i) Participant has the full and unrestricted right and authority participate in the Program and to make the agreements herein; (ii) in connection with any Point Challenge, Submission, Endorsement and otherwise in connection with any social media or other communications relating to Metal Pay, Participant will comply with all applicable laws, rules and regulations, including but not limited to the disclosure requirements in the FTC Guides; (iii) all Submissions will be original to Participant; (iv) no Submission or Endorsement will contain or link to any untrue, fraudulent, misleading, disparaging, pornographic, defamatory and/or offensive material or to any material that promotes illegal activity; (v) Participant will not, in connection with any Submission or Endorsement, (A) hold yourself out as a financial advisor or any other licensed financial professional unless you have all necessary licenses and other qualifications or (B) provide any promise or assurance of future profits or earnings relating to Metal Pay or cryptocurrency investments.
- Modification. Metal Pay may change these Rules at any time. Metal Pay will provide Participants with notice of any changes in these Rules by either emailing or otherwise directly notifying Participants of such changes or by posting the new Rules to a website or other portal accessible to the Participants. Participant's continued participation in the Program after any such change in Rules constitutes your acceptance of such changed Rules.
- No Agency Relationship. No agency, partnership, joint venture, or employment relationship is created as a result of these Rules or Participant’s participation in the Metal Pay Club and neither Participant nor Metal Pay has authority of any kind to bind the other in any respect whatsoever. Participant has no right to any compensation for any activities or conduct undertaken in connection with your participation in the Metal Pay Club. Participant may not hold yourself out as a representative of Metal Pay.
- LIMITATION ON LIABILITY.
In no event shall Metal Pay or any of its affiliates, or any of its or their respective officers, directors, employees, shareholders or agents be liable to Participant for any indirect, incidental, consequential, special, exemplary or punitive damages or lost profits, arising from or in connection with (a) these Rules, (b) Participant’s participation in the Metal Pay Club, or (c) any Submission or Endorsement by Participant (collectively, “Released Matters”), even if any Metal Pay has been advised of the possibility of such damage. Notwithstanding anything to the contrary contained herein, Metal Pay’s cumulative liability to Participant arising from any cause of action relating to any Released Matter will at all times be limited to the lesser of (a) Participant’s actual loss; or (b) $100. The foregoing limitations shall apply to the maximum extent permitted by applicable law.
- Termination. Membership in the Metal Pay Club is entirely voluntary. Participant may terminate your participation in the Metal Pay Club at any time by providing Metal Pay with email notice at firstname.lastname@example.org.
- Receive Notifications From Metal Pay. Each Participant hereby agrees to receive email and/or push messaging from Metal Pay to the email and/or message address associated with your Metal Pay account for promotional, informational and/or other purposes.
- Severability. If any provision, or part thereof, of these Rules should be held by any court or other legitimate tribunal with appropriate jurisdiction to be invalid, illegal or unenforceable, either in whole or in part, such invalidity, illegality or unenforceability shall not affect the validity, legality or enforceability of the remaining provisions, or any parts thereof, of these Rules, all of which shall remain in full force and effect.
- Governing Law; Venue. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, Participant’s rights and obligations, or the rights and obligations of Metal Pay in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of California. The sole and exclusive venue for resolution of all disputes hereunder shall be San Francisco County, California. Participant and Metal Pay expressly consent to personal jurisdiction in California and waive any challenges to the jurisdiction of, and exclusive venue in, the courts located in San Francisco County, California.
Updated April 12, 2019