PamiTV Inc. – Consumer Terms of Service 

These Consumer Terms of Service (the “Terms”) is a binding agreement between you (”End User” or “you” or “Consumer”) and PamiTV Inc. (“PamiTV”). These Terms govern your use of PamiTV’s Consumer-facing website (the “Site”) and the marketing, advertising, and engagement services made available to Consumers through the Site related to the products, goods, or services, provided by or on behalf of PamiTV customers utilizing PamiTV engagement services through a separate agreement with PamiTV (each a “Brand”) (together with the Site, the “Services”). The Services are licensed, not sold, to you. 

BY CLICKING THE BOX TO INDICATE ACCEPTANCE, BY USING THE SITE, OR OTHERWISE USING THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS AND THE PAMITV PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE AND CEASE USE OF THE SERVICES. 

• • 1. License Grant. Subject to these Terms, PamiTV grants you a limited, non-exclusive, and nontransferable license to use the Services for your personal, non-commercial use on devices owned or otherwise controlled by you and to use the Services strictly in accordance with these Terms.
    2. Services. In addition to providing Services to you, PamiTV provides advertising- and marketing- related services to its Brands to promote the Brand’s products, goods or services (collectively “Products”). As a user of our Services, you are engaging with PamiTV and subject to these Terms when you click a link, scan a QR Code, or otherwise engage with an ad or other marketing materials PamiTV makes available to you about Products on behalf of a particular PamiTV Brand customer (each an “Engagement”). Any Engagement is specific to Products for a particular Brand running a campaign for one or more of its Products (each a “Campaign”). Engagement’s may take you to our Site or application or the website or mobile application of one of our Brand customers. Any website or mobile application of one of our Brand customers are considered Third-Party Materials (defined herein), are subject to their own terms and conditions, and we are not responsible for your use thereof or activity thereon such sites or applications.When an Engagement takes you to our Site, you may be granted access to certain promotional materials related to the Products specific to the applicable Campaign, which may include but are not limited to discount codes, coupons, subscription opportunities, Product information, and the like (each a “Product Benefit”). Product Benefits may have additional terms and conditions set by PamiTV or the applicable Brand. Further, Product Benefits may have a limitation on use. For example, a promo code Product Benefit may be limited to one use per Campaign, or may have a specific expiration date. Any additional terms and conditions related to a Product Benefit will be provided to you via the Services or by the Brand themselves. Product Benefits depend entirely upon the Brand PamiTV works with and vary depending on the particular Campaign. Brands are entirely responsible for honoring Product Benefits. Further, Product Benefits may be subject to additional terms and conditions set by the Brand. In the event a Product Benefit is not honored, you must contact the Brand about the Product Benefit. PamiTV shall not responsible nor liable for honoring or enforcing (or lack thereof) any Product Benefit made available to you through any given Engagement. PamiTV simply offers engagement services for your convenience so that the you, the Consumer, may access Product Benefits directly from an Engagement about a Product during a Brand Campaign.
    3. Modification to these Terms and the Services. PamiTV may, at its sole discretion, change these Terms, including the PamiTV Privacy Policy, from time to time. If changes occur, we will notify you by prompting you to agree to the new terms the next time you login to your Account. Updated versions will never apply retroactively and will give the date they go into effect. We recommend that you check the Terms and Privacy Policy periodically for changes. Your continued use of the Services following the posting of any changes to the Terms means you accept those new terms.Additionally, PamiTV reserves the right to modify, suspend, or discontinue the Services (including, but not limited to, denying your access to Product Benefits), whether temporarily or permanently at any time for any reason, including but not limited to if directed to do so by a particular Brand. You agree that PamiTV shall not be liable to you for any modification, suspension, or discontinuation of the Services. Some modifications may require updates to Site in order to continue to use the Services. PamiTV may also impose limits on certain features and services, restrict your access to parts or all of the Services, and suspend or terminate users without notice or liability.
    4. Communications
       You consent to accept and receive communications from us, including e-mail. You may opt-out of receiving marketing communications about our Services by following the unsubscribe options we provide to you but some transactional messages are deemed to be part of the Services. Through any Engagement, PamiTV may provide you with communications about Campaigns, Brands, or their Products. You may opt out of those communications we send you by utilizing the unsubscribe options we provide you. Through use of our Services, information about you will be shared to the Brand associated with the Campaign you utilize an Engagement for. PamiTV shall not be responsible for marketing communications, ads, promotional materials, or any other communications you receive from a PamiTV Brand customer, and to opt-out of any such communications shall be subject to terms and conditions of the applicable Brand, not PamiTV. Information we collect, use, store or share is subject to our Privacy Policy.
    5. PamiTV Account. As as a condition of using the Services, you are required to create a PamiTV account (an “Account”). You may utilize your Account to access Engagements associated with different Campaigns. You are solely responsible for maintaining the confidentiality of your Account and password and for restricting access to your devices, and you hereby agree to accept responsibility for all activities, charges, and damages that occur under your Account. If you discover any unauthorized use of your Account, or other known account-related security breach, you must report it to PamiTV immediately. You agree that you are responsible for anything that happens through your Account until you close your Account or prove that your Account security was compromised due to no fault of your own. PamiTV cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
    6. Payment and Purchases.
       While we offer the Services for free to Consumers, you may be able to purchase Products of a Brand via the Services, in each case dependent upon the particular Campaign (each a “Purchase”). All Purchases made via our Services are final and non-refundable unless otherwise approved by the particular Brand in writing. PamiTV, Any request for a refund, discount, or credit, product warranty claim, or anything else related to the Purchase of any Brand Product made via the Services, must be submitted to the Brand.In the event you Purchase a Product via our Services, PamiTV will charge, and you authorize PamiTV to charge, the payment method you specify at the time of purchase. If you pay any amounts with a credit card, PamiTV, or any of its third-party payment processors, may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase.
       
       In most cases, you will not be able to Purchase Products through our Services. For example, you may be directed to purchase Products through the Brand’s site, Brand’s mobile application, in person at a Brand store location, or otherwise. All such purchases are subject to their own terms and conditions set by the Brand. PamiTV is not responsible and shall not be liable to the Consumer for any purchases of Products whether made through the Services via a Purchase, or otherwise.
       
       PamiTV reserves the right to establish, remove, and/or revise prices, fees, taxes, and/or surcharges for any or all services or goods obtained through the use of the Services at any time. Regardless of the cause, reserves the right to charge the final price after checkout, including without limitation all applicable transaction taxes.
    7. License Restrictions. You shall not:
       • use the Services in any way to monitor or evaluate the availability, performance or functionality of the Services for any competitive purpose, or perform or assist any other party to perform any benchmarking on the Services;
       • use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
       • copy any portion of the Services, except as expressly permitted by this license;
       • modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services;
       • reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof;
       • remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof;
       • rent, lease, lend, sell, sublicense otherwise make available the Services, or any features or functionality of the Services, to any third party for any commercial reason, including by making the Site available on a network where it is capable of being accessed by more than one device at any time;
       • remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services;
       • directly or indirectly take any action that imposes or may impose (as determined by PamiTV in its sole discretion) an unreasonable or disproportionately large load on PamiTV or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; run Mail list, Listserv, or any form of auto-responder or “spam” on the Services; or use manual or automated software, devices, or other processes to scrape any page of the Services; or
       • create a false identity on the Services, misrepresent your identity, impersonate any person, create a profile for anyone other than you, or use or attempt to use another account.

If for any reason, PamiTV determines that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Services by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.

• 1. Reservation of Rights. You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. PamiTV, and its licensors and service providers, reserve and shall retain their entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
  2. Content and User Content 
     Through the Services, or via other users, PamiTV may make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, names, logos, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works of users, Brands, PamiTV, or otherwise (collectively, “Content”). You have no rights in or to the Content other than as permitted herein to use or access the Services. 
  3. Collection and Use of Your Information. You acknowledge that when you use the Services, PamiTV uses automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use of the Services. You also may be required to provide certain information about yourself as a condition to use the Services or certain features or functionalities. All information we collect through or in connection with these Terms is subject to the PamiTV Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the PamiTV Privacy Policy. 
  4. Geographic Restrictions. The Content and Services are based in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws. 
  5. Updates. PamiTV may from time to time in its sole discretion develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features for the Site (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that PamiTV has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of these Terms. 
  6. Third-Party Materials. The Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that PamiTV is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. PamiTV does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. 
     
  7. Term and Termination. The term of these Terms commences when you acknowledge your acceptance and will continue in effect until terminated by you or PamiTV as set forth in this section. You may cancel your Account at any time through your Account settings. We may suspend or cancel your Account without notice to you for any reason or no reason at all, including but not limited to if you violate these Terms, you create risk or possible legal exposure for us, your Account should be removed due to unlawful conduct, or our provision of the Services to you is no longer commercially viable. PamiTV reserves the right to remove your Account information along with any Account settings from our servers with NO liability or further notice to you. Upon termination of your Account. your license to use the PamiTV’s Services terminates. 
  8. Disclaimer of Warranties. THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PAMITV, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, PAMITV PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR
     -FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
     SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. 
  9. Limitation of Liability. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, IN NO EVENT SHALL PAMITV, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF THE TOTAL AMOUNT PAID FOR SERVICES BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($50.00), WHICHEVER IS LESS. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, PAMITV’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 
  10. Indemnification. You agree to indemnify, defend, and hold harmless PamiTV and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Services or your breach of these Terms, including but not limited to if you violate any applicable laws or breach any term or condition under these Terms. 
  11. Severability. If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect. 
  12. US Government Rights. The Services are a “commercial product” as that term is defined at 48 C.F.R. § 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. § 12.212. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Services as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors. 
  13. Governing Law; Disputes. These Terms are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms and our Privacy Policy shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida located in Clearwater, Florida, each case located within Pinellas County, Florida. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. In any action or proceeding arising out of or in connection with these Terms, the prevailing party will be entitled to recover all reasonable costs and attorney’s fees, with or without suit and on appeal. 
  14. Entire Agreement. These Terms, our Privacy Policy, and any statements or rules on the Services on your date of access constitute the entire agreement between you and PamiTV with respect to the Site and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the
      Site.
  15. Assignment. Consumer shall not assign, transfer, delegate or subcontract any of its rights or delegate any of its obligations under these Terms without the prior written consent of PamiTV. Any purported assignment or delegation in violation of this Section 22 shall be null and void. No assignment or delegation shall relieve the Consumer of any of its obligations under these Terms. These Terms are binding on and inures to the benefit of the parties to these Terms and their respective permitted successors and permitted assigns. 
      
  16. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other agreement, these Terms shall govern. 
  17. Waiver of Class Action. The parties further agree that any dispute arising out of or related to these Terms shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. EACH PARTY AGREES THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 
  18. WAIVER OF JURY TRIAL. EACH PARTY ACKNOWLEDGES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THESE TERMS, INCLUDING EXHIBITS, SCHEDULES, ATTACHMENTS, AND APPENDICES ATTACHED HERETO OR INCORPORATED HEREIN, IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THESE TERMS, INCLUDING ANY EXHIBITS, SCHEDULES, ATTACHMENTS OR APPENDICES ATTACHED HERETO OR INCORPORATED HEREIN, OR THE TRANSACTIONS CONTEMPLATED HEREBY. SOME STATES DO NOT PERMIT SUCH WAIVERS, SO THE ABOVE WAIVER MAY NOT APPLY TO COMPANY. 
  19. Contact. If you have any questions regarding these Terms, please contact us at getinfo@pamitv.com. 

Last Update: August 1, 2024