Terms Of Service
Come into effect 12th Nov 2021 Thank you for using Pasttxt.com! We're happy you're here. Please read this Terms of Service agreement carefully before accessing or using this Website. Because it is such an important contract between us and our users, we have tried to make it as clear as possible. For your convenience, we have presented each major section of these terms with a short non-binding summary followed by the full legal terms.
Notice Regarding Dispute Resolution: These Terms contain provisions governing how any claims that may arise between you and Pasttxt will be resolved (see Legal Disputes and Arbitration Section below), including an obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit any claims you might have against us to binding arbitration, unless you opt-out in accordance with the Legal Disputes and Arbitration Section below.
Links to Specific Topics:
A. DefinitionsB. Account TermsC. Acceptable UseD. User Generated ContentE. Private PastesF. Copyright Infringement and DMCA PolicyG. Developer APIH. PaymentI. Cancellation and TerminationJ. Disclaimer of WarrantiesK. Limitation of LiabilityL. Release and IndemnificationM. Changes to These TermsN. Legal Disputes and Arbitration AgreementO. Miscellaneous
Short version: We use these basic terms throughout the Agreement, and they have specific meanings. You should know what we mean when we use each of the terms. There's not going to be a test on it, but it's still useful information.1. The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules, policies (including the Pasttxt Privacy Statement) and procedures that we may publish from time to time on the Website. 2. The “Service” or the “Pastbin Service” refers to the applications, software, products, and services provided by Pasttxt, specifically excluding any User-Generated Content. 3. The “Website” refers to Pasttxt’s website located at Pasttxt.com, and all content, services, and products provided by Pasttxt at or through the Website. It also refers to Pasttxt-owned subdomains of Pasttxt.com 4. “The User,” “you,” and “your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of your account; or that directs the use of your account in the performance of its functions. A User must be at least 13 years of age. 5. “Pasttxt,” “We,” and “Us” refer to Pasttxt.com, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees. 6. “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes the Service. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create, upload or own. For avoidance of doubt, “User-Generated Content” and “Your Content” are included in the definition of “Content.”
B. Account Terms
Short version: A human must create your account; you must be 13 or over to create an account; you must provide a valid email address; and you may not have more than one free account. You alone are responsible for your account and anything that happens while your account is being used. You are responsible for keeping your account secure and for any use of your account when it is accessed via your login credentials.1. Required Information You must provide a valid email address, password & user name in order to complete the signup process. Any other information requested is optional, unless you are accepting these terms on behalf of a legal entity or other organization (in which case we need more information about the legal entity or organization) or if you opt for a paid account, in which case additional information will be necessary for billing purposes. 2. Account Requirements We have a few simple rules for accounts on the Pasttxt Service. ▶ You must be a human to create an account. Accounts registered by "bots" or other automated methods are not permitted. We do permit machine accounts. ▶ A machine account is an account set up by an individual human who accepts the Terms on behalf of the account, provides a valid email address, and is responsible for its actions. A machine account is used exclusively for performing automated tasks. Multiple users may direct the actions of a machine account, but the owner of the account is ultimately responsible for the machine's actions. You may maintain no more than one free machine account in addition to your free personal account. ▶ One person or legal entity or organization may maintain no more than one free account (if you choose to control a machine account as well, that's fine, but it can only be used for running a machine). ▶ You must be age 13 or older. Pasttxt does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User’s account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws. 3. User Account Security You are responsible for keeping your account secure. ▶ You are responsible for all Content posted and activity that occurs under your account. ▶ You are responsible for maintaining the security of your account and password. Pasttxt cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. ▶ You will promptly notify Pasttxt if you become aware of any unauthorized use of, or access to, our Service through your account, including any unauthorized use of your password or account.
C. Acceptable Use
Short version: While using the Service, you must follow this Acceptable Use Policy, which includes some restrictions on Content you may post, conduct while using the Website or Service, and other limitations. In short, be excellent to each other.1. Compliance with Laws and Regulations Your use of the Website and the Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations. 2. Content Restrictions
You agree that you will not under any circumstances upload, post, host, or transmit any content that: ▶ is unlawful or promotes unlawful activities; ▶ is or contains sexually obscene content; ▶ is libelous, defamatory, or fraudulent; ▶ is discriminatory or abusive toward any individual or group; ▶ contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or ▶ infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.We reserve the right to reject or remove any Content we deem inappropriate, in our discretion, whether similar of dissimilar to the specific examples of unacceptable Content listed above. 3. Conduct Restrictions While using the Website or the Service, you agree that you will not under any circumstances: ▶ harass, abuse, threaten, or incite violence towards any individual or group, including Pasttxt employees, officers, and agents, or other Pasttxt Users; ▶ use our servers for any form of excessive or automated bulk activity (for example, spamming), or relay any form of unsolicited advertising or solicitation through our servers, including but not limited to get-rich-quick schemes or other spam-like material; ▶ attempt to disrupt or tamper with Pasttxt's servers in ways that could harm our Website or Service, to place undue burden on Pasttxt's servers through automated means, or to access Pasttxt's Service in ways that exceed your authorization (other than those authorized by the Pasttxt Bug Bounty program, which you can learn about by contacting us at bugbounty@Pasttxt.com); ▶ impersonate any person or entity, including any of our employees or representatives, including through false association with Pasttxt, or by fraudulently misrepresenting your identity or site's purpose; ▶ violate the privacy of any third party, such as by posting another person's personal information without consent; or ▶ violate any other provision of these Terms of Service or the Agreement, including redistributing or using Content for any purpose other than your own personal uses or internal business operations, specifically excluding any creation of products or services to make available to others without our express prior written permission. For avoidance of doubt, any permission we may grant will in all cases exclude the ability to publish, redistribute, or otherwise make any Content available to third parties (as distinguished from a cybersecurity, anti-counterfeiting, other similar product or tool you may develop using Content but that does not itself result in redistribution of the Content) unless you have permission to do so directly from the User who posted the Content. 4. Services Usage Limits You agree not to reproduce, duplicate or copy any portion of the Website or the Service, and not to sell, resell or exploit use of or access to the Website or the Service, without Pasttxt's express prior written permission. Nor will you use any Content (other than Your Content) for any purpose other than your own personal or internal business, specifically excluding any creation of products or services to make available to others without our express prior written permission. For avoidance of doubt, any permission we may grant will in all cases exclude the ability to publish, redistribute, or otherwise make any Content available to third parties (as distinguished from a cybersecurity, anti-counterfeiting, other similar product or tool you may develop using Content but that does not itself result in redistribution of the Content) unless you have written permission to do so directly from the User who posted the Content. 5. Display and Transfers You acknowledge that all use of the Website and Service is for your own personal or internal business purposes, specifically excluding any sharing, selling, or providing of Content, products or services to others without express written permission from us or the owner of the User Generated Content you wish to use. Without limiting the foregoing, without express written permission from the Owner of the Content, you may not (a) display to third parties and agree not to transfer or sell any Content (other than Your Content) to third parties, or (b) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, sublicense, transfer, assign, rent, sell or otherwise convey any Content obtained from the Website or Service. If you wish to acquire commercial usage rights of Content or the Pasttxt Service, please contact sales@Pasttxt.com for an Enterprise API subscription (“Enterprise API Subscription”). For avoidance of doubt, any permission or rights we may grant will in all cases exclude the ability to publish, redistribute, or otherwise make any Content available to third parties (as distinguished from a cybersecurity, anti-counterfeiting, other similar product or tool you may develop using Content but that does not itself result in redistribution of the Content) unless you have written permission to do so directly from the User who posted the Content. 6. Scraping Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler. It does not refer to the collection of information through Pasttxt's authorized scraping API, which is available on a paid basis with a Pasttxt PRO account. Scraping is strictly prohibited except in the following limited circumstances: ▶ Bona fide academic and other researchers may scrape public, non-personal information from the Website for research purposes, only if any publications resulting from that research are open access. ▶ Archivists may scrape the Website for public data for archival purposes. ▶ With the Pasttxt scraping API and/or Enterprise API Subscription, subject to payment of the applicable fee(s) for obtaining access to those tools or services and compliance with the license terms and limitations applicable to using such tools or services. Without limiting the foregoing, you may not scrape Pasttxt for spamming purposes, including for the purposes of selling Pasttxt users' personal information, such as to recruiters, headhunters, and job boards. If you scrape our site too aggressively, even for permissible purposes, we may block your IP. To help prevent this from happening, we have created a scraping API tool (“Scraping API”). We require a Pasttxt PRO account to access the scraping API. Even with a Pasttxt PRO account, some limits may continue to exist per the term of the Pasttxt PRO Account program. For unlimited access to “public” Content on the Website (i.e., excluding Content the posting User has marked as private, unlisted or otherwise restricted, or which is expired), an Enterprise API Subscription is required. If you are interested in getting a PRO account or Enterprise API Subscription, contact us at sales@Pasttxt.com. All use of Pasttxt data gathered through scraping must comply with these Terms, the Pasttxt Privacy Statement, and the terms of your Enterprise API License, if any. 7. Privacy Misuse of User Personal Information (as defined in the Pasttxt Privacy Statement) is prohibited. Any person, entity, or service collecting data from Pasttxt must comply with the Pasttxt Privacy Statement, particularly in regard to the collection of our User Personal Information. If you collect any User Personal Information from the Website or the Service, you agree that you will only use such User Personal Information you gather for the purpose for which our User has authorized it. You agree that you will reasonably secure any User Personal Information you have gathered from the Website or the Service, and you will respond promptly to complaints, removal requests, and "do not contact" requests from Pasttxt or Pasttxt Users. 8. Excessive Bandwidth Use If we determine your bandwidth usage to be significantly excessive in relation to other Pasttxt customers, we reserve the right to suspend your account or throttle your file hosting until you reduce your bandwidth consumption. 9. User Protection You agree not to engage in activity that significantly harms our Users. We will resolve disputes in favor of protecting our Users as a whole.
D. User-Generated Content
Short version: You own Content you create, but you allow us certain rights to it, so that we can display and share the Content you post. You still have control over Your Content, and responsibility for it, and the rights you grant us are limited to those set forth in these Terms. We have the right to remove Content or close accounts if we need to, in our discretion.1. Responsibility for User-Generated Content You may create or upload User-Generated Content while using the Service. You are solely responsible for the Content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Website or Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content. 2. Pasttxt May Remove Content We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any Pasttxt terms or policies or that we otherwise deem inappropriate in our discretion. 3. Ownership of Content, Right to Post, and License Grants You retain ownership of and responsibility for Content you create, upload or own ("Your Content"). If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post. 4. License Grant to Us We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to make the Website available and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users per these Terms, including to allow others to create private or commercial cyber-security, anti-counterfeiting and other products and services pursuant to these Terms (but not to redistribute or republish Your Content without your separate permission); and perform it, in case Your Content is something like music or video. 5. License Grant to Other Users Any User-Generated Content you post publicly may be viewed by others. By setting your pastes to be viewed publicly, you agree that you are allowing and authorizing other Users to not only to view your pastes, but you also are granting each User of the Website and the Service (as well as Pasttxt itself) a nonexclusive, worldwide license to (a) use, display, and perform Your Content through the Website and the Service and to reproduce Your Content on the Website or through the Service as permitted or enabled through the Website’s or the Services functionality (for example, through cloning, embedding, or other similar tools offered on the Website), and (b) use such Content in studying and/or creating products and services of their own, but not to otherwise redistribute or republish Your Content outside of the Website or Service without your separate permission. 6. Moral Rights You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Sections D.4 and D.5, but not otherwise. To the extent this Agreement is not enforceable by applicable law, you grant Pasttxt the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service consistent with these Terms of Service.
E. Private Pastes
Short version: You may have access to private pastes. We treat the content of private pastes as confidential, and we only access it for support reasons, with your consent, or if required to for security, antifraud, legal compliance, or other similar reasons.1. Control of Private pastes. Some accounts, such as paid accounts, may have private pastes, which allow the User to control access to Content. 2. Confidentiality of Private pastes. Pasttxt considers the contents of private pastes to be confidential to you. Pasttxt will protect the contents of private pastes from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care. Please understand, however, that no security can guaranty against possible unauthorized disclosure or access, and no guarantee is made that private pastes may not become accessible to unauthorized third parties. 3. Access. Pasttxt employees may only access the content of your private pastes in the following situations: ▶ With your consent and knowledge, for support reasons. If Pasttxt accesses a private paste for support reasons, we will only do so with the owner’s consent and knowledge. ▶ When access is required for security, antifraud, legal compliance, or other similar reasons. You may choose to enable additional access to your private pastes. For example: ▶ You may enable various Website services or features that require additional rights to Your Content in private pastes. These rights may vary depending on the service or feature, but Pasttxt will continue to treat your private paste Content as confidential. If those services or features require rights in addition to those, we need to provide the Pasttxt Service, we will provide an explanation of those rights. ▶ You may also grant a third-party application authorization to use, access, and disclose the contents of your private pastes. Your use of third-party applications is at your sole risk; Pasttxt is not liable for disclosures to third parties that you authorize to access a private paste. 4. Exclusions. If we have reason to believe the contents of a private paste are in violation of the law or of these Terms, we have the right to access, review, and remove them. Additionally, we may be compelled by law to disclose the contents of your private pastes.
F. Copyright Infringement and DMCA Policy
If you believe that content on our Website violates your copyright, please contact us in accordance with our Digital Millennium Copyright Act Policy. If you are a copyright owner and you believe that content on the Website violates your rights, please contact us via our convenient DMCA form or by emailing admin@Pasttxt.com. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses. We will terminate the accounts of repeat infringers of this policy.
G. Developer API Terms
Pasttxt’s Developer API (“Developer API”) is a tool allowing Users to enhance management of their own posts and Content on the Website. See details at Pasttxt.com/api. Abuse or excessively frequent requests to Pasttxt via the Developer API may result in the temporary or permanent suspension of your account's access to the Developer API. Pasttxt, in our sole discretion, will determine abuse or excessive usage of the Developer API. We will make a reasonable attempt to warn you via email prior to suspension using the contact information associated with your account. You are responsible for keeping that contact information current so that we can reach you. We are not responsible for any failed or delayed notifications due to outdated or incorrect contact information you have provided to us. You may not share Developer API tokens to exceed Pasttxt's rate limitations. You may not use the Developer API to download data or Content from the Website or the Service for spamming purposes, including for the purposes of selling Pasttxt users' personal information, such as to recruiters, headhunters, and job boards. All use of the Pasttxt Developer API is subject to these Terms of Service and the Pasttxt Privacy Statement, and is solely for the User who purchases a subscription to the Developer API. Resale, distribution or sharing of Developer API access is strictly prohibited and may result in termporary or permanent suspension of your access to the Developer API or to the Website and Service entirely. Pasttxt may offer subscription-based access to our Developer API for those Users who require high-throughput access or access that would result in resale of Pasttxt's Service.
Short version: You are responsible for any fees associated with your use of the Website or the Service. We are responsible for communicating those fees to you clearly and accurately.1. Pricing Our pricing and payment terms are available at Pasttxt.com/pro. If you agree to a subscription price, that will remain your price for the duration of the term for the subscription you select; however, prices are subject to change thereafter or for new subscriptions at any time. 2. Upgrades, Downgrades, and Changes ▶ We will immediately bill you when you upgrade from the free plan to any paying plan. ▶ If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately. ▶ If you choose to downgrade your account, you may lose access to Content, features, or capacity of your account. Please see our section on Cancellation and Termination for information on getting a copy of that Content. 3. Billing Schedule; No Refunds ▶ For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of Service, downgrade refunds, or refunds for months unused with an open account; however, the Service will remain active for the length of the paid billing period. ▶ The benefits a paid account offers are described on Pasttxt.com/pro. We offer no refunds if you change your mind after payment. ALL SALES ARE FINAL. ▶ In order to treat everyone equally, no exceptions will be made. 4. Authorization By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for Pasttxt. 5. Responsibility for Payment You are responsible for all fees, including taxes, associated with your use of the Website or the Service. By using the Website or the Service, you agree to pay Pasttxt any charge incurred in connection with your use of the Service. If you dispute the matter, contact Pasttxt Support. You are responsible for providing us with a valid means of payment for paid accounts. Holders of free accounts are not required to provide payment information.
I. Cancellation and Termination
Short version: You may close your account at any time. If you do, we'll remove Your Content from the Website and will retain only such data we have on you as we may require for legal compliance, audit, and related purposes as described in our Privacy Statement.1. Account Cancellation It is your responsibility to properly cancel your account with Pasttxt. You can cancel your account at any time by going into your Settings in the navigation bar at the top of the screen. The Account screen provides a simple, no questions asked cancellation link. We are not able to cancel accounts in response to an email or phone request. 2. Upon Cancellation We will remove your information upon deletion of your account, and retain only such data we have on you as we may require for legal compliance, audit, and related purposes as described in our Privacy Statement. 3. Pasttxt May Terminate Pasttxt has the right to suspend or terminate your access to all or any part of the Website or the Service at any time, with or without cause, with or without notice, effective immediately. Pasttxt reserves the right to refuse service to anyone for any reason at any time. If we terminate your access for reasons other than your violation of these Terms or the Agreement (and other than termination of the entire Website or Service which we may do at any time), we will refund any prepaid amounts for any remaining portion of your subscription, if any, with any one-time fee for a PRO Account prorated over a twelve-month period with no refund available after that time. 4. Survival All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
J. Disclaimer of Warranties
Short version: We provide our Website and Service AS IS, and we make no promises or guarantees about either of them. Please read this section carefully; you should understand what to expect.Pasttxt provides the Website and the Service “AS IS” and “AS AVAILABLE,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service, including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Pasttxt does not warrant that the Website or the Service will meet your requirements; that the Website or the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Website or the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Website or the Service will be available at any particular time or location; or that the Website or the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Website or the Service.
K. Limitation of Liability
Short version: We will not be liable for damages or losses arising from your use or inability to use the Website or the Service or otherwise arising under this Agreement. Please read this section carefully; it limits our obligations to you.You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from ▶ the use, disclosure, or display of your User-Generated Content; ▶ your use or inability to use the Website or the Service; ▶ any modification, price change, suspension or discontinuance of the Website or the Service; ▶ the Website or the Service generally or the software or systems that make the the Website or the Service available; ▶ unauthorized access to or alterations of your transmissions or data; ▶ statements or conduct of any third party on the Website or the Service; ▶ any other user interactions that you input or receive through your use of the Website or the Service; or ▶ any other matter relating to the the Website or the Service. Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control. Some states do not allow exclusion of certain types of warranties or damages, so some of the above limitations may not apply to you. For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.
L. Release and Indemnification
Short version: You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.If you have a dispute with one or more Users, you agree to release Pasttxt from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Pasttxt (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Pasttxt of all liability); and (3) provides to you all reasonable assistance, at your expense.
M. Changes to These Terms
Short version: We want our users to be informed of important changes to our terms, but some changes aren't that important — for example, we don't want to bother you every time we fix a typo. So, while we may modify these Terms at any time, we will notify Users of changes that affect your rights and give you time to adjust to them.We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to these Terms , such as price changes or other changes affecting User rights, at least 30 days prior to the change taking effect by posting a notice on our Website and, in our discretion, via email using the contact information associated with any User account. You are responsible for keeping that contact information current so that we can reach you. We are not responsible for any failed or delayed notifications due to outdated or incorrect contact information you have provided to us. Your continued use of the Website or Service after the effective date of a change constitutes agreement to our revisions of these Terms of Service. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.
N. Legal Disputes and Arbitration Agreement
Short version: You and we agree to resolve disputes on an individual basis via arbitration, with limited exceptions, unless you opt out as described below.1. Initial Dispute Resolution We are available by email at email@example.com to address any concerns you may have regarding your use of the Website or Service. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. 2. Terms of Service and Binding Arbitration Agreement If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the “Initial Dispute Resolution” paragraph above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Service or the Agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Website or Service shall be finally settled by binding arbitration administered by JAMS on a non-confidential basis in accordance with the provisions of its then-effective rules, including its streamlined procedures, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service or the Agreement, including, but not limited to any claim that all or any part of the Agreement or these Terms of Service is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act shall exclusively govern the interpretation and enforcement of this arbitration provision and the parties hereby reject, waive and disclaim the application of any state Arbitration Act, with all other issues determined under the internal laws of the State of Nevada applicable to contracts made and performed in that state wihtout regard to principles of conflicts of laws. The JAMS Rules governing the arbitration may be accessed at https://www.jamsadr.com/rules-streamlined-arbitration/, or by calling JAMS at 1.800.352.5267. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. A request for payment of fees should be submitted to JAMS along with your form for initiating the arbitration, and Pasttxt will make arrangements to pay all necessary fees directly to JAMS. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. 3. Class Action Waiver The parties further agree that any arbitration 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. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes. 4. Exception – Small Claims Court Claims Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. 5. Exception – Intellection Property, Confidenitiality and Privacy Protection Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in court per Section N.7 below to enjoin infringement or misuse of intellectual property, confidential information, or User Personal Information. 6. 30 Day Right to Opt Out You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the preceding three paragraphs by sending written notice of your decision to opt-out to the following address: firstname.lastname@example.org. The notice must be sent within thirty (30) days of creating an account to use the Website or Service, otherwise you shall be bound to arbitrate disputes as set forth herein. If you opt-out of these arbitration provisions, we also will not be bound by them. 7. Exclusive Venue for Litigation Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Las Vegas, Nevada (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Las Vegas, Nevada for any litigation other than small claims court actions. The parties irrevocably consent to personal jurisdiction in Las Vegas , Nevada for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction of Las Vegas , Nevada over any litigation arising in connection with, out of, or as a result of (a) these Terms of Service, the Agreement, the Website or the Service, and (b) any acts or omissions of Pasttxt, its officers, directors, shareholders, employees or agents in connection with these Terms of Service, the Agreement, the Website or the Service, or any action to enjoin infringement or misuse of intellectual property rights, confidential informaiton or User Personal Information. 8. Timing of Claims You must bring any claim you have against us relating to these Terms of Service, the Agreement, the Website or the Service within two years from the date of accrual of the applicable claim.
Short version: Our lawyers want us to include some additional standard terms as listed below.1. Links to Third-Party Sites The Website may contain hyperlinks to websites operated by others. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or your use of them. Inclusion of hyperlinks does not imply any endorsement of the material on any other websites or any association with their operators. 2. Severability; Waiver. If any court finds any part of these Terms unenforceable, the rest will remain unaffected. No waiver of any breach of any provision of these Terms is a waiver of any other breach of the same or any other provisions, and no waiver is effective unless in writing and signed by an authorized representative of Pasttxt. 3. U.S.A.-Based Website and Service. The Website and Service are offered by Pasttxt from the United States. We do not make any representations that the Service or any Content are available or appropriate for use in your location. Your use of or access to the Website or Service should not be construed as Pasttxt purposefully availing itself of the benefits or privileges of doing business in any jurisdiction. Without limiting the foregoing, use of the Service, Website or any Content is not allowed in any countries subject to any applicable export restriction or sanction from the United States, including but not limited to Cuba, Iran, North Korea, Sudan, Syria, and Crimea Region of Ukraine, as well as any jurisdictions subject to International Traffic in Arms Regulations (ITAR) from time to time. 4. Notice to California Users Under California Civil Code Section 1789.3, Users located in California are entitled to the following consumer rights notice: If a User has a question or complaint regarding the Website or Service, please send an email to email@example.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. 5. Independent Contractors Nothing in these Terms creates an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any User. 6. Contact Information If you have any questions about these Terms, the Service, or your account, please email us at .