Chirp Exclusive Content - Access Terms

Thanks for your interest in exclusive content on Chirp, which is content created by a Chirp bio-link Creator that is not freely available on the Chirp Website (“Exclusive Content”). Exclusive Content allows Chirp users to support their favorite Chirp Creators. By accessing, viewing, or purchasing Exclusive Content, you acknowledge you have read and agree to these Exclusive Content Access Terms, which form a binding legal contract between you and Get Chirp, LLC (“Chirp,”“we,”“ours,”or“us”).

Capitalized words not defined in these Exclusive Content Terms are defined in our Terms of Service (“TOS”) . Our TOS, along with our Community Guidelines, Payout Terms, and any other Chirp terms or policies set forth on our Website, apply equally to Exclusive Content. Any personal information we process in relation to Exclusive Content will be in accordance with our Privacy Policy .

If you do not agree with these Exclusive Content Terms, or any of our other terms and policies, do not access Exclusive Content.

Requirements for Accessing Exclusive Content

1. You are 18 years of age or older.
2. You are purchasing Exclusive Content only for your personal use, and you will not attempt to resell or transfer any Exclusive Content.
3. You are not a person with whom we are prohibited from dealing with pursuant to economic sanctions, including, without limitation, sanctions administered by the United States Department of the Treasury's Office of Foreign Assets Control or any other applicable sanctions authority. This includes, without limitation, persons located in, or ordinarily resident in, the following countries and regions: Cuba, Iran, the Ukraine regions of Crimea, North Korea and Syria.

If you breach these Terms, or any of our other terms and policies linked at www.Chirp.me, including our Community Guidelines, we may terminate or suspect your right to access Exclusive Content.

Chirp Makes No Guarantee about Exclusive Content

Exclusive Content is created by Chirp Creators and is not controlled by Chirp. We make no guarantee as to the nature, quality, or value of Exclusive Content, or the availability or supply of it.

How to Pay for Exclusive Content

You can access Exclusive Content by paying the price displayed by a Chirp Creator. We will estimate for you the total price for Exclusive Content before you complete your purchase, but the total may change depending on assessment of applicable taxes and other fees, including the fees charged by third-party payment service processors (“PSP’s”).

We use PSP’s to complete payments and do not process payments directly. You further agree that Chirp: (a) is not an agent of any PSP, and we do not provide or offer payment services on behalf of a PSP; (b) is not, nor should anything in these Terms be construed to imply that Chirp is, acting in any way under a mandate conferred by the PSP; and (c) is not an escrow service, money aggregator, money remitter or money transmitter. Any payments are subject to the terms and conditions of the PSP’s, which may charge their own fees for their services according to their own terms and conditions.

If your payment method is declined, your order may be cancelled and you may lose access to the Exclusive Content. Chirp is not responsible for any issues between you and your card issuer, bank or other payment service provider. You are solely responsible for complying with any requirements of a PSP, and we are not liable to you for any losses suffered as a result of your interactions with, breach, default, or other conduct relating to a PSP.

Cancellations and Refunds

Except if otherwise prohibited by law, we do not allow refunds unless the Exclusive Content is taken down due to a violation of our Terms or Community Guidelines, or any other applicable terms linked atwww.Chirp.me. If you live in the EEA or the UK, you have 14 days to withdraw from the date of your purchase to request a refund, starting from the day after you purchased the Exclusive Content (the “Withdrawal Period”).

Changes to Exclusive Content and Terms

Changes to these Exclusive Content Access Terms will be posted here, and the current version of these terms will be identified by the effective date listed on the website. For legal, regulatory or business reasons, we may decide to stop making Exclusive Content available to certain categories of users, or in certain countries or regions, to make changes to Exclusive Content, or to stop offering Exclusive Content entirely. If we do so, and that decision affects you, we will give you reasonable advance notice.

Assumption of Risk Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR ACCESS TO AND USE OF EXCLUSIVE CONTENT IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT EXCLUSIVE CONTENT IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. CHIRP DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CHIRP MAKES NO WARRANTY OR REPRESENTATION AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY (INCLUDING FROM VIRUSES OR OTHER HARMFUL COMPONENTS), OR RELIABILITY OF EXCLUSIVE CONTENT; AND (II) WHETHER THE EXCLUSIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

Limitation of Liability

WE ARE NOT LIABLE TO YOU (OR ANY THIRD PARTY) FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO: THESE TERMS; THE USE OR INABILITY TO USE THE WEBSITE, SERVICES, OR CONTENT; ANY BREACH OF SECURITY; ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM CHIRP OR OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONTENT; THE UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR TRANSMISSIONS; ANY LOSS OF REVENUE OR PROFITS, LOSS OF USE, LOSS OF DATA, OR BUSINESS INTERRUPTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHER LEGAL THEORY, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM OUR NEGLIGENCE OR GROSS NEGLIGENCE.

OUR AGGREGATE LIABILITY ARISING OUT OR IN ANY WAY OUT OF YOUR ACCESS TO OR PURCHASE OF EXCLUSIVE CONTENT ON CHIRP WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. ANY ADDITIONAL DISCLAIMERS CONTAINED WITHIN OTHER CHIRP TERMS ON THE CHIRP.ME WEBSITE ARE INCORPORATED INTO THESE TERMS BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON USE OF THE CHIRP SERVICES OR THE MATERIAL CONTAINED IN THEM, THE GREATER RESTRICTIONS WILL APPLY.

SOME JURISDICTIONS RESTRICT OR DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS. IN THOSE PLACES, THIS SECTION MAY NOT APPLY. IN PLACES WHERE LIMITATIONS OF LIABILITY APPLY, OUR LIABILITY will BE LIMITED TO THE FULLEST EXTENT LEGALLY PERMITTED.

Questions

If you have any questions or feedback relating to Exclusive Content, you can reach out to us at [email protected].