Privacy Policy

Welcome to PayDrake (www.paydrake.com) at the service of MICROPAY LLC. This policy covers how PayDrake protects and uses the collected information about the user. PayDrake protects the privacy of all users who visit or use our PayDrake Integrated Platform (collectively or individually, "you" or "Users").

The purpose of the Privacy Policy informs you about the information we collect, share and protect when you visit or use our PayDrake Integrated Platform. By using the PayDrake Integrated Platform you are agreeing to this Privacy Policy. This Privacy Policy applies to all personally identifiable information collected on the Web site where this Privacy Policy is posted.

Please note if the user is under the age of 13, the user must get consent of a parent or legal guardian to access the PayDrake Integrated Platform. PayDrake does not knowingly collect or maintain personally identifiable information from persons under the age of 13 years. If PayDrake learns that personally identifiable information of those under the age of 13 years has been collected on our web site or through our PayDrake Integrated Platform, then PayDrake will take the appropriate action to delete the information.

Use of Information

When opening a PayDrake account, we will collect the users contact information including - your name, address, phone number, email, date of birth, and other similar information. This information can be reviewed and edited at any time by logging into your account and clicking on “My Settings” found under the “My Account” tab.

You can close your account through the PayDrake Integrated Platform or on the PayDrake website by editing your PayDrake Account information. If you close your PayDrake account, we will mark your account in our database as "Closed". Your account information will remain our database. This information will not be sold or rented to any third parties.

Standard web information is collected when you visit the PayDrake website or the PayDrake Integrated Platform. The information is sent to us by your computer, mobile phone, or other device you use to access the Internet and contains your IP address, operating system, and standard web log information such as your browser type, sites you visited featuring the PayDrake Integrated Platform visited, and the pages you access on our website.

Additional user information is collected from the payment service provider and the website you access our PayDrake Integrated Platform when you contact our support team. PayDrake uses user information to provide additional features found on the PayDrake Integrated Platform. PayDrake aggregates user information on what pages users access or visit, user-specific information on what pages consumers access or visit, information volunteered by the consumer (such as surveys and/or site registrations), digital goods purchases, name, address, limited payment information (e.g., partial credit card information), to allow PayDrake to track user-generated content and users to the extent necessary to comply as a service provider with the Digital Millennium Copyright Act.

User information is also used to deliver relevant advertisements to each user. We have relationships with ad servers to place ads on our web pages and our platform. The ad server companies may collect information such as your domain type, IP address, and clickstream information but not limited to those. We do not have control over the information that is submitted to, or collected by, these third parties. You can consult the privacy policy of these other sites to learn how your privacy is protected.

Protection of your personal information:

PayDrake has taken appropriate physical, electronic, and procedural security measures to protect against loss, misuse or alteration of the information that we have collected from you at our site or through the PayDrake Integrated Platform.

How we use cookies

Like many websites, we use “cookies” to collect information. Cookies are small data files used to recognize PayDrake users, to store user preferences, record user-specific information on what pages users access or visit, record past activity at a site to provide better service when visitors return to our site, help prevent fraud, and to provide trust and safety. Browser settings can be changed to alert you of accepting cookies and will prompt you to accept a cookie or it can disallow cookies. If cookies are disallowed, you may have limited access to PayDrake’s Services.

Personal Information Privacy

The term 'personal information' is used to describe the information that can be used to identify, contact, or locate a single person or can be used with other sources to uniquely identify a single individual.

We will not share your personal information with third parties unless we have in good faith believe that:

(I) such information is permitted being subject to access, use, preservation or disclosure to reasonably and necessarily satisfy any applicable law, regulation or legal process.

(II) such action is appropriate to enforce the Terms of Use for the Service.

(III) such action assists detecting, preventing and, vice versa, addressing fraud, security or technical issues associated with the Service.

(IV) such action is appropriate to protect the rights and property as well as encourage safety of PayDrake, its employees, users of PayDrake Integrated Platform and others.Customers may prevent their information from being used by other services by e-mailing or mailing PayDrake a letter to the address below. We respect each request and will provide site visitors a description of information that we maintain about them.

Unsolicited e-mails

PayDrake does not send unsolicited e-mails to private addresses or to anyone who has asked to remove from all PayDrake email lists. Any newsletters that we send are only sent to those who have subscribed to them. To stop receiving e-mails or newsletters from PayDrake, click on the unsubscribe link in the e-mail or newsletter.

PayDrake User Info

PayDrake does not and will not, at any time, request your full credit card information, your account ID and password or national identification numbers in a non-secure or unsolicited email or through telephone communication. Please never disclose your passwords for any reason.

If you feel that this site is not following the above policy or you have any questions about our Privacy Policy, you may contact us at the details below:

PayDrake as part of MICROPAY LLC, located at 5210 STT 201, Terrace, Southwest Ranches, FL(33332) US.
We can be reached via e-mail at [email protected] or by postal mail at the above address.

Thank you for choosing to make your purchases through Paydrake.

Our refund policy is established to ensure a secure and satisfactory shopping experience.

The following terms and conditions apply to refunds:

Refund Request Process:

a. All refund requests must be made within 5 days of the purchase date.

b. Refund requests must be submitted in writing via the email provided in your purchase confirmation.

Eligibility for Refund:

a. Refund requests will not be accepted for change of mind, personal preferences, or purchases made in error.

b. Refund requests will only be accepted for services that do not meet the descriptions provided on the sales platform.

Evaluation Process:

a. We will assess all refund requests on an individual and objective basis.

b. We may request additional evidence, such as photographs or videos, to support your refund request.

Resolution and Refund Options:

a. If your refund request is approved, you will be entitled to choose between a full refund or a replacement of the product or service.

b. If a replacement is not available, a full refund will be provided.

Refund Processing Time:

a. We will make every effort to process your refund request within 14 days of approval.

b. The refund will be issued using the same payment method used in the original purchase, unless otherwise agreed upon.

Exceptions:

a. Refunds will not be provided for products or services that have been used or damaged after delivery.

b. We will not be responsible for refunds if the eligibility requirements outlined above are not met.

Final Decisions:

a. We reserve the right to make the final decision on all refund requests.

b. Our decisions will be final and not subject to appeal.

We recommend carefully reviewing the product or service details before making a purchase.

By completing the transaction, you agree to the terms and conditions set forth in this refund policy.

If you have any questions or need further information, please do not hesitate to contact our customer support team.

We are here to assist you.

PayDrake has developed a payment platform and advertising monetization service (the “Service”) to allow merchants to easily accept numerous payment options online along with a subsidized payment form through incentivized ads from your customers for the purchase of your goods or service.

The Terms of Service detailed below will explain to you what you agree to on once using the Service.

Our Service

We have established a payment and monetization platform service so you can accept payments in over 180 countries using numerous payment options through our API along with receiving extra services that include customer support, risk management, optimization and more to help you collect payments from your end users. Under this agreement, we also respect your privacy.

PayDrake does not assume any liability for the products or services purchased using our Service. You will be required to register with PayDrake to use the Service.

Our Software

We provide the PayDrake API and other software to enable you to use the Service. We reserve the right to require you to install or update any and all software updates to continue using the Service. Our Service also includes software to help you manage recurring and subscription billing charges along with automatically billing a user’s account for your products/goods and services. It is your responsibility to obtain your customers’ consent to be billed on a recurring basis in compliance with applicable legal requirements and payment systems rules.

Authorization for Handling of Funds

By accepting this agreement, you authorize us to hold, receive, and disburse funds on your behalf when such funds from your payment transactions settle from the payment partners. You also authorize PayDrake to hold settlement funds in a deposit account pending disbursement of the funds to you in accordance with the terms of this contract. You agree that you are not entitled to any interest or other compensation associated with the settlement funds held in the deposit account pending settlement to your designated deposit account, that you have no right to direct that deposit account, and that you may not assign any interest in the deposit account. We will display the anticipated settlement in the admin dashboard that we have or are set to receive on your behalf. This settlement information does not constitute a deposit or other obligation of PayDrake to you. This settlement information reflected in the PayDrake admin report is for reporting and informational purposes only, and you are not entitled to, and have no ownership or other rights in settlement funds, until such funds are credited to your designated deposit account. Your authorizations set forth herein will remain in full force and effect until your PayDrake account is closed or terminated.

 

Payment Methods

Our service provides a payment platform including different payment systems that feature but are not limited to credit cards, debit cards, prepaid cards, bank transfer, ewallets, mobile, payment kiosks, and others.

You may select and activate any payment options made available to You in the admin area.
 

Taxes 

It is your responsibility to determine what, if any, taxes apply to the sale of your goods and services and/or the payments you receive in connection with your use of the Service (“Taxes”). It is solely your responsibility to assess, collect, report, or remit the correct tax to the proper tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. You acknowledge that we may make certain reports to tax authorities regarding transactions that we process and merchants to which we provide card payment services.

Pursuant to the Internal Revenue Code, PayDrake will report to the Internal Revenue Service the total amount of the payments you receive each calendar year as required by law.

Our Security

PayDrake is responsible for protecting the security of payment data in our possession and will maintain commercially reasonable administrative, technical and physical procedures to protect all the personal information regarding you and your users that is stored in our servers from unauthorized access and accidental loss or modification. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use such personal information for improper purposes. You acknowledge that you provide this personal information regarding you and your customers at your own risk. We recommend you review our Privacy Policy, which will help you understand how we collect, use and safeguard the information you provide to us.

Your Data Security 

You are fully responsible for the security of data on your website or otherwise in your possession. You agree to comply with all applicable governmental laws and rules in connection with your collection, security and dissemination of any personal, financial, payment, or transaction information (defined as “Data”) on your website. 

You are also responsible for your login credentials to the Admin area via PayDrake. PayDrake will provide its best efforts in order to keep your account secure from fraudulent logins.

 

Audit Right

If we believe that a security breach or compromise of data has occurred, PayDrake may require you to have a third party auditor that is approved by PayDrake conduct a security audit of your systems and facilities and issue a report to be provided to PayDrake, financial banks, and our payment systems.

 

Your Privacy

Your privacy and the protection of your data are very important to us. You acknowledge that you have received, read in full and agree with the terms of our Privacy Policy (https://PayDrake.com/privacy) linked to and incorporated into this Agreement by reference, which contains your consent to our collection, use, retention and disclosure of personal information as well as other matters set forth therein and which explains how and for what purposes we collect, use, retain, disclose and safeguard the information you provide to us. You also acknowledge that we or our payment partners may be required to report your business name and the name of your principals to the government authorities if it is determined by a legal court order.

Information you choose to upload may be used to payment system partners only to provide you with more payment options. PayDrake will never sell any of you or your user data to a third party for marketing purposes.

 

Privacy of Others

You represent to PayDrake that you are in compliance with all applicable privacy laws, you have obtained all necessary rights and consents under applicable law to disclose to PayDrake, or PayDrake to collect, use, retain and disclose any User Data that you provide to us or authorize us to collect. As between you and PayDrake, you are solely responsible for disclosing to your customers that PayDrake is providing payment services for you and obtaining Data from you about such customers.

If you receive information about others, including Cardholders, through the use of the Service, you must keep such information confidential and only use it in connection with the Service. You may not disclose or distribute any such information to a third party or use any such information for marketing purposes unless you receive the express consent of the user to do so. You may not disclose payment information to any third party, other than in connection with processing a payment for your users under this Service.

 

Restricted Use

You are required to obey all laws, rules, and regulations applicable to your use of the Service (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising). In addition to any other requirements or restrictions set forth in this Agreement, you shall not: (i) utilize the payment options as a way to advance money to users via payment methods, (ii) submit any payment transactions for processing that did not arise from your sale of goods or service to a buyer customer, or acceptance of a bona fide charitable donation, (iii) act as a payment intermediary or aggregator or otherwise resell our services on behalf of any third party, (iv) send what you believe to be potentially fraudulent authorizations or fraudulent payment transaction, or (v) use PayDrake in a manner that our payment partners believe you are abusing PayDrake’s services and violate the applicable rules.

You further agree not to, nor to permit any third party to, do any of the following: (i) access or attempt to access PayDrake systems, programs or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way material from PayDrake; (iii) permit any third party to use and benefit from the Service via a rental, lease, timesharing, service bureau or other arrangement; (iv) transfer any rights granted to you under this Agreement; (v) work around any of the technical limitations of the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service, or decompile, disassemble or otherwise reverse engineer the Service, except to the extent that such restriction is expressly prohibited by law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Service, prevent access to or use of the Service by our other users, or impose an unreasonable or disproportionately large load on our infrastructure; or (vii) otherwise use the Service except as expressly allowed under this section.

 

Suspicion of Unauthorized or Illegal Use

We reserve the right to not authorize or settle any transaction you submit which we believe is in violation of this Agreement, any other PayDrake agreement, or exposes you, other PayDrake users, our processors or PayDrake to harm, including but not limited to fraud and other criminal acts. You are hereby granting us authorization to share information with law enforcement about you, your transactions, or your PayDrake Service Account if they request it through a court order or if it is deemed illegal by the United States government.

 

Disclosures and Notices

You agree that PayDrake can provide disclosures and notices regarding the Service to you by posting such disclosures and notices on our website, emailing them to the email address listed in your PayDrake account, or mailing them to the address listed in your PayDrake Merchant Account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Such disclosures and notices shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered.

 

References to Our Relationship

You agree that, from the time you begin processing payment with PayDrake until you terminate your account with us, we may identify you as a customer of PayDrake. Neither you nor we will imply any untrue sponsorship, endorsement or affiliation between you and PayDrake.

 

Registration

The PayDrake Service is only made available under this Agreement to persons in all countries except one’s listed on the United States embargo list and that You operate a business selling digital goods or services, or to accept donations for a bona fide charitable organization, and the PayDrake Service is not made available to persons to accept card payments for personal, family or household purposes. To use PayDrake to receive payments, you will first have to register. When you register for PayDrake, we will collect basic information including your name, company name, location, and email address. If you have not already done so, you will also be required to provide an email address and password for your PayDrake account.

The person who registers for their PayDrake account will be doing it for as an individual (sole proprietor) or on behalf of a the business and they have the authority to bind the business with this Agreement.

 

Company Name and Site URL 

As part of your registration, you must provide your site URL (e.g. www.MySite.com) and the name under which you do business (which may be the business’s legal name or a “doing business name”) (e.g. MySite Online Widgets). This name and URL must be accurate in order us to verify your account.

 

Verification and Underwriting 

To verify your identity, we will require additional information including your business EIN or Tax ID, social security number, and government ID. We may also ask for additional information to help verify your identity and assess your business risk including business invoices, a business license or a financial statement.  If PayDrake does not receive the necessary forms of identification, the settlement will be held until PayDrake has verified You and your account.

 After we have collected and verified all your information, PayDrake will be able to settle your account. 

By accepting the terms of this Agreement, you are providing us with authorization to retrieve information about you by using third parties, including credit bureaus and other information providers. You acknowledge that such information retrieved may include your name, address history, credit history, and other data about you. PayDrake may periodically update this information to determine whether you continue to meet our eligibility requirements.

 

PayDrake Service

By registering for PayDrake, you agree that you can legally work with a U.S. corporation.

PayDrake may only be used to process payments for businesses in all countries except one’s listed on the United States embargo/one's that PayDrake has allowed you to sell in via the Admin area.

By accepting this Agreement you confirm that you will satisfy these requirements.

 

Prohibited Businesses

By registering for PayDrake, you are confirming that you will not use the Service to accept payments in connection with the following businesses, business activities or business practices: (1) door-to-door sales, (2) accepting phone and payment information over the phone (virtual terminal), (3) negative response marketing, (4) engaging in deceptive marketing practices, (5) sharing User’s data with another merchant for payment of up-sell or cross-sell product or service, (6) any product or service that infringes upon the copyright, trademark or trade secrets of any third party, (7) remote assistance sites, (8) forex trading or (9) any product, service or activity that is deceptive, unfair, predatory or prohibited by one or more of our payment systems. 

By accepting this Agreement you confirm that you will satisfy these requirements.

 

Payouts and Transaction History

We will pay out funds settled from the payment options to your designated deposit account (less our Fees as defined below) for payments processed with our Service. The payouts will be made to the deposit account (“Deposit Account”) you provide for your PayDrake Service Account. The Deposit Account must be an option made available in the Payout Settings in the admin area. You are responsible for the accuracy and correctness of information regarding your Deposit Account. Funds for any given transaction will not be transferred to your Deposit Account until the funds are collected from the payment provider. Funds will be deemed collected when we have received funds settling from the payment systems. The actual timing of the transfers to your Deposit Account of the settling funds will be subject to the Payout Schedule as defined below.

After each payout of your settlement funds to your Deposit Account, we will update information in your PayDrake Admin Account to reflect the settlement data. Information regarding your payment transactions processed and settled with the Services (“Revenue Report”) will be available to you when you login to our website using your PayDrake Admin Account. We provide a minimum of one year of Revenue Report on our website. Except as required by law, you are solely responsible for compiling and retaining permanent records of all transactions and other data associated with your PayDrake Admin Account, your Revenue Report and your use of the Service.

 

Payout Schedule 

Payout schedule refers to the time it takes for us to initiate a transfer to your designated Deposit Account of settlement funds arising from payment transactions processed through the Service (“Payout Schedule”). Once your Deposit Account information has been verified, PayDrake will initiate transfer of settlement funds (net of Fees, chargebacks, and other funds owed to us for any reason) in accordance with the Payout Schedule, the terms of which will be made available to you when you login to your PayDrake Admin dashboard. The settlement funds should normally be credited to your Deposit Account within 1-5 business days of us initiating the payout. We are not responsible for any action taken by the institution holding your Deposit Account that may result in some or all of the funds not being credited to your Deposit Account or not being made available to you in your Deposit Account. You can contact PayDrake to inquire about changing the timing of your Payout Schedule. Upon submitting a request, you will be informed of the process and requirements for PayDrake to review your Payout Schedule.

PayDrake reserves the right to change the Payout Schedule or suspend payouts to your Deposit Account should we determine it is necessary due to pending disputes, excessive or anticipated excessive Chargebacks or refunds, or other suspicious activity associated with your use of the Service or if required by law or court order.

 

Refunds and Returns

By accepting these terms of service, you agree to allow users to contact PayDrake to request any refunds. You also have the right to submit refunds through the PayDrake admin area.

PayDrake may issue refunds on your behalf if we deem the payment fraudulent, non-verified or it is a possible illegal transaction.

For processed refunds, PayDrake will deduct the refund amount (including any applicable Fees) from (i) settlement funds owed to you from processing of other card transactions, or (ii) funds in any Reserve Account. If PayDrake can not process the refunds through your Account, you agree to pay all funds owed to PayDrake.

 

Chargebacks 

A Chargeback is typically caused when a customer disputes a charge that appears on their bill. A Chargeback may result in the reversal of a transaction, with the amount charged back to you. You can be assessed charge backs for: (i) customer disputes, or (ii) unauthorized or improperly authorized transactions, or (iii) transactions that do not comply with payment system agreements or the terms of this Agreement or are allegedly unlawful or suspicious, or (iv) any reversals for any reason by the payment system or the Cardholder bank.

When a Chargeback is issued, you are immediately liable to PayDrake for the full amount of payment of the Chargeback plus any associated Fees, fines, expenses or penalties (including those assessed by the payment systems). You agree that PayDrake may recover these amounts by debiting your Deposit Account or setting off any amounts owed to you by us. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of any unpaid Chargebacks unpaid by you.

Further, if we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you under this Agreement until such time that: (a) a Chargeback is assessed due to a customer’s complaint, in which case we will retain the funds; (b) the period of time under applicable law or regulation by which the customer may dispute that the transaction has expired; or (c) we determine that a Chargeback on the transaction will not occur.

 

Contesting your Chargebacks

PayDrake will elect to contest Chargebacks assessed to your account. PayDrake may provide you with assistance including notifications and software to help contest your Chargebacks. We also have a Chargeback Policy in the admin area you can review detailing our Chargeback Policy (found here).

 

Excessive Chargebacks

At any point, PayDrake, or our payment systems may determine that you are incurring excessive Chargebacks. Excessive Chargebacks may result in additional fees, penalties, or fines. Excessive Chargebacks may also result in additional controls and restrictions to your use of the PayDrake Service, including without limitation, (i) changes to the terms of your Reserve Account, (ii) increases to your applicable Fees, (iii) delays in your Payout Schedule, or (iv) possible suspension or termination of your PayDrake account and the Service. The payment systems may also place additional controls or restrictions as part of their own monitoring programs for merchants with excessive Chargebacks.

 

PayDrake Fees

You agree to pay the Fees (“Fees”) assessed by us to you for providing the payment services described in this Agreement.

 

Our Collection Rights

To the extent permitted by law, we may collect any obligations you owe us under this Agreement by deducting the corresponding amounts from your Deposit Account. Fees will be assessed at the time a transaction is processed and will be first deducted from the funds received for such transactions. Your failure to fully pay amounts that you owe us on demand will be a breach of this Agreement. You will be liable for our costs associated with collection in addition to the amount owed, including without limitation attorneys’ fees and expenses, costs of any arbitration or court proceeding, collection agency fees, and any applicable interest.

Additionally, we may require a personal guaranty from a principal of a business for funds owed under this Agreement. If we require a personal guarantee we will specifically inform you in advance.

 

Representations and Warranties

Without limiting any other representation, warranty or covenant herein, each party hereby represents and warrants to the other party that: (a) it has the full right, power and authority to enter into this Agreement; (b) this Agreement is a valid and binding obligation of such party; and (c) it has obtained and shall maintain throughout the term of this Agreement all necessary licenses, authorizations, approvals and consents to enter into and perform its obligations hereunder in compliance with all applicable laws, rules and regulations.

 

Indemnification

Each party agrees to indemnify and hold the other party and its affiliates harmless from and against any losses, costs, liabilities and expenses, including attorneys' fees, arising out of any third party claims resulting from the breach of the representations, warranties and covenants made by such party herein. The indemnifying party reserves the right, at the indemnifying party's expense', to assume the exclusive defense and control of any matter for which the indemnifying party is required to indemnify the indemnified party and the indemnified party agrees to cooperate with the indemnifying party's defense of such claims.

 

Disclaimers

No Warranties. EXCEPT AS EXPRESSLY SET FORTH IN SECTION “REPRESENTATIONS AND WARRENTIES:, PayDrake MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. PayDrake DOES NOT WARRANT THE RESULTS OF USE OF THE PayDrake SERVICE, INCLUDING, WITHOUT LIMITATION, THAT YOU WILL EARN ANY PARTICULAR AMOUNTS (OR ANY AMOUNTS) HEREUNDER.

 

Limitation of Liability and Damages

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL PayDrake OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THIS AGREEMENT, EVEN IF PayDrake OR AN PayDrake AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT IN THE CASES OF BREACHES OF SECTION 15, IN NO EVENT WILL PayDrake'S OR ITS AFFILIATES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID OR PAYABLE TO YOU FOR ADVERTISEMENTS ACTUALLY DELIVERED BY YOU PURSUANT TO THE INSERTION ORDER TO WHICH THE CLAIM RELATES.

 

Ownership

You acknowledge that PayDrake will provide payment options and third-party Advertisements using its PayDrake Service for display on the Site pursuant to this Agreement, and You will use commercially reasonable efforts to assist PayDrake in implementing such technology. You agree that it will use any data (including any usage data and compilations thereof), information or software provided by PayDrake to You only for the purpose of providing Advertisements for PayDrake on the Site as set forth in this Agreement. PayDrake will own and retain all rights, title, and interest in and to the PayDrake Service (except for any licensed content and third-party Advertisements included therein), including all data (including any usage data and compilations thereof), information and software related thereto. You acknowledge that the software, information and data related to the PayDrake Service (including, without limitation, any usage data or compilations thereof) are protected by PayDrake copyrights and may contain trade secrets or other intellectual property owned by PayDrake. You agree not to copy, alter, modify, or create derivative works of any such data, information or software or the PayDrake Service or otherwise use the PayDrake Service or any such data, information or software in any way that violates the use restrictions contained in this Agreement.

PayDrake does not grant You any license, express or implied, to the intellectual property of PayDrake or its licensors.