privacy & Terms

This policy was last updated on May 16, 2018.

Terms & Conditions

Please read these Terms and Conditions carefully before using our website or mobile application.Welcome to the CrayPay website and mobile application operated by Cray Pay, Inc. and its wholly owned company Cray Pay, LLC (“craypay.com”, “CrayPay”, “we”, “our”, or “us”) that allows you to earn valuable rewards (“CrayPay Rewards”) which may be used while purchasing gift cards offered by Cray Pay (“Gift Cards”). By agreeing to the terms of our Cray Pay Website (“Site”) and/or Cray Pay Mobile Application (“App”) you (“user”, “consumer”, “member”, “guest”, or “your”) will have access to a unique provider of gift cards. CrayPay allows you to purchase gift cards and use them immediately, at the point of sale, with any of our CrayPay Merchants (“Merchants”).These Terms and Conditions, along with the Privacy Policy and Terms of Sale, govern your access to and use of the Site and App and any related interactive and informational services made available to consumers (“Additional Services”) and constitute a binding legal agreement between you, as a User and Cray Pay. Together the Site, Apps, Services and any Additional Services are referred to as the Program (“Program”).Your access to and use of the Program requires your compliance with the Terms and Conditions. By downloading the Application, or accessing and/or using any portion of the Program, you agree to be bound by this Agreement.

Eligibility, Registration & Account

In order to access certain features of the Program, you must create a user account with us (“User Account”). You may only create and hold one User Account for your personal use and must register using a valid credit card or debit card. You are responsible for updating and correcting information you have submitted to create or maintain your User Account. As part of your account settings, you have the option to save, edit or delete your personal information, including, without limitation, payment data. You understand and agree that Cray Pay shall have no responsibility for any incident arising out of, or related to, your User Account settings. You must safeguard your password and supervise the use of your User Account. You are solely responsible for maintaining the security of your User Account and maintaining settings that reflect your preferences. We will assume that anyone using the Program or transacting through your User Account is you. You agree that you are solely responsible for any activity that occurs under your User Account.

When you register, you will obtain unique log-in credentials (a “User ID” and a User PIN).  Access to the Cray Pay Program is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Program have previously been terminated by Cray Pay may not register for a User Account, nor may you designate any of those individuals to use your User Account on your behalf.

Cray Pay relies on User IDs to know whether users accessing and using the Program. If someone accesses or uses our Program using a User ID that we have issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Program by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.

Your account is non-transferrable.

Registration and establishing a User Account is completely free. As a condition of Cray Pay and your use of the Program, you agree that:

You are at least 16 years of age; You possess the authority to create a binding legal obligation. You may be asked to provide any or all of the following information at the time you register a User Account and/or at point of sale:

  • First Name
  • Last Name
  • Email Address
  • User Name
  • User Pin
  • Address
  • Phone Number
  • A Valid Credit Card Number & Related Information

You agree and acknowledge that all information provided to us shall be true, accurate, current, and complete in all material ways. Cray Pay reserves the right, but has no obligation, to verify your information through whatever means it may deem reasonable. Once a User Account has been opened and registered, you agree to update any information periodically so that your User Account is accurate and current at all times. Furthermore, once a User Account has been opened and registered, in full satisfaction of all the requirements for registration, we grant you permission to access and use our Site, App. and services as set forth in this Agreement, provided your use is consistent with the intended features of the services we provide.
When you register, you will obtain unique log-in credentials (a “User ID” and a User PIN).  Access to the Cray Pay Program is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Program have previously been terminated by Cray Pay may not register for a User Account, nor may you designate any of those individuals to use your User Account on your behalf.

For security purposes, it is recommended that you memorize your PIN and not write it down. You are responsible for keeping your password and other account information confidential.You must be logged into Cray Pay and enter your PIN to change your account information and payment preferences. You may check your account status and recent earning history at any time via on the Site or App.

You must be logged into Cray Pay and enter your PIN to change your account information and payment preferences. You may check your account status and recent earning history at any time via on the Site or App.

You may terminate your User Account at any time and for any reason by deleting your account via the Application or by requesting Cray Pay to cancel your User Account and membership in the Program by emailing said request to support@CrayPay.com. By canceling your Cray Pay membership, the User Account registered to you will be terminated and may no longer be accessible and all and other awards immediately forfeited. Any termination request will be handled within 30 days of receipt of such a request by Cray Pay. Any suspension, termination or cancellation will not affect your obligations to Cray Pay under the Terms and Conditions (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

Privacy Policy

In order to make the Program as useful and rewarding as possible, we need to collect and process information from you when you use the Program. We will collect certain personally identifiable information from you as set forth in more detail in our Privacy Policy, www.craypay.com/legal/privacy-policy, which is part of the Terms and Conditions. When you use the Program, Cray Pay has access to, and in many cases will monitor, your usage of the Program as you send and receive Content (defined below).

By accessing and using the Program, you agree that we may collect, use and disclose, as set forth in the Privacy Policy, certain information you provide during your access to or use of the Program, and in some cases information that is provided to the Program by other parties. As part of providing you the Program, we may need to provide you with certain infrequent service communications, such as service announcements and administrative messages (“Program Communications”). These Program Communications, which will not include advertisements, are considered part of the Program and your Account, which you may not be able to opt-out from receiving.

Cray Pay is not designed nor intended to be attractive to use by children under the age of 16 (“Minors”). We do not knowingly collect PII from Minors, but we may collect information about Minors from their parents or legal guardians. If you are under the age of 16, please do not submit any information to us.

Your Information

Cray Pay does not sell or rent your information to third parties. As detailed in Cray Pay’s Privacy Policy, Cray Pay does not disclose your information to third parties except as necessary as provided below.

  • Investigating any disputed charges.
  • Fulfilling your purchase.
  • Providing you with a business or technical support function.
  • Verifying and/or processing credit card orders.
  • Hosting, developing, and maintaining our service, our database, and enhancing our network information.Pin
  • Creating and publishing reports on trend and patterns for business-related practices.
  • If we believe that there has been a violation of the Terms and Conditions, Terms of Sale, our rights, or the rights of any of our affiliates or third parties.
  • If necessary, to identify, investigate, prevent or take action regarding illegal activities or suspected fraud or other abuses of our services.
  • Complying with applicable laws.
  • Responding to a judicial request, court order, law enforcement agency request, or requests in connection with an investigation concerning matters of public safety.
  • The transfer of our assets in the event of sale, merger, acquisition by another company, or the sale of all or a portion of our assets. We may disclose or sell such information as an asset of the company in conjunction with the sale to a third party of our company or portion of our assets.

Additional Terms

When you use the Cray Pay Services, our Terms of Sale will apply. These Terms of Sale are subject to change at any time and in our sole discretion, so you should review the Terms of Sale each time you make a purchase.

CrayPay Rewards

CrayPay Reward Levels are determined by the number of CrayPay Points (“CrayPay Points”) accumulated by you frequency of Program usage, and such other criteria as CrayPay may determine in its sole discretion. One CrayPay Point is given for every dollar saved on purchases made using CrayPay. All CrayPay Points earned will be posted to your User Account and used to determine your CrayPay Reward Level. The CrayPay Reward Level will be used to determine the final price which you will pay for a purchase using CrayPay.

Your CrayPay Reward Level will be utilized for all purchase made subsequent to achieving said level and can be used as soon as the CrayPay Points are reflected in your User Account subject to expiration or forfeiture, reduction of level for failure to sufficient CrayPay Point levels or termination of the Program. CrayPay Points and CrayPay Reward Levels have no cash value and may only be used in connection with a purchase using CrayPay. CrayPay Points and CrayPay Reward Levels earned are not your property and cannot be sold, transferred, or assigned. CrayPay Points and CrayPay Reward Levels may be revoked at any time by CrayPay. Merchants participating in CrayPay are subject to change at any time. You are responsible for the payment of any applicable taxes that may result from usage of CrayPay Points and CrayPay Reward Levels received as part of the Program.

CrayPay reserves the right to change, suspend or terminate the CrayPay Rewards program and the methods by which you can earn and redeem CrayPay Rewards for any reason and without notice to you, in its sole discretion and at any time. Upon termination of the program, Points earned but not used by you will automatically expire.

We reserve the right to suspend or terminate your participation in the CrayPay Points program, and your access to the Points in your account, if you violate these Terms. We may also suspend, cancel or otherwise limit your access to Points if we suspect fraudulent, abusive or unlawful activity associated with your account. If we determine you fraudulently obtained Points or used fraudulently-obtained Points, we may revoke those Points and suspend or terminate your account.

Intellectual Property and Limited License

Unless otherwise indicated by Cray Pay, the Services and all content and other materials therein, including, without limitation, the Cray Pay logo, the Terms of Sale and all other designs, text, graphics, pictures, information, data, software, sound files, other files made available within the Services and the selection and arrangement thereof, and any documentation or other ancillary material provided to you by or behalf of Cray Pay (collectively, “Cray Pay Content”) are the proprietary property of Cray Pay or our licensors or users and are protected by U.S. and international intellectual property laws.

Cray Pay hereby grants you a limited, nonexclusive, non-sub licensable license to access and use the Services and Cray Pay Content solely for the purpose of purchasing, sending or managing gift cards or receiving other services under these Terms; however, such license is subject to these Terms and you are not permitted to (a) sell, rent, lease, lend, redistribute, sublicense or make commercial use of the Services or the Cray Pay Content; (b) copy, reverse engineer, decompile, disassemble or attempt to discover the source code of our Services or Cray Pay Content; (c) modify, alter or otherwise make any derivative uses of the Services or the Cray Pay Content, or any portion thereof; (d) remove, alter or obscure any copyright, trademark or other proprietary rights notice included in the Services or Cray Pay Content; (e) use any data mining, robots or similar data gathering or extraction methods; (f) download (other than the page caching) any portion of the Services or the Cray Pay Content, except as expressly permitted via the Services; and (g) use the Services or the Cray Pay Content other than for their intended purposes. Any use of the Services or the Cray Pay Content other than as specifically authorized herein, without the prior written permission of Cray Pay, is strictly prohibited and will terminate the license granted in this Section 5. Such unauthorized use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by Cray Pay, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

CrayPay Trademarks

“CrayPay” and the CrayPay logo and any other CrayPay product or service names, logos or slogans are CrayPay’s trademarks in the United States and in other countries, and may not be copied, imitated or used, in whole or in part, without the prior written permission of CrayPay. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners and may not be used without permission of the applicable trademark holder. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by CrayPay.

Copyright

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Cray Pay has adopted a policy of terminating, in appropriate circumstances and at Cray Pay’s sole discretion, users who are deemed to be repeat infringers. Cray Pay may also, in our sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below: Attn: Michael Greenwald, 2509 S Power Road, Suite 101, Mesa, AZ 85209 or email to support@craypay.com.

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Third-Party Services and Materials

Cray Pay may provide links to third-party websites, apps, mobile services or other third-party services (“Third-Party Services”) and may also display, link to or otherwise make available third-party content, data, information, events, apps or materials (“Third-Party Materials”) on the Services. Cray Pay does not endorse or control, and makes no representations or warranties of any kind, regarding any Third-Party Services or Third-Party Materials including, but not limited to, the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality or any other aspect thereof.

Your use of Third-Party Services and Third-Party Materials is at your own risk. Cray Pay is not responsible for any issues, legal or otherwise, that may result from your use of the Third-Party Services or Third-Party Materials, including any loss, damage or harm of any sort incurred as a result of your use of Third-Party Services or Third-Party Materials. If you access or use any Third-Party Services or Third-Party Materials, Cray Pay’s terms and policies, including these Terms, no longer govern. You should review the applicable terms and policies including, but not limited to, privacy and data gathering practices, of any Third-Party Service to which you navigate from the Services. For the avoidance of doubt the terms and policies for Third-Party Services are solely between you and the Third-Party Services provider and not Cray Pay.

User Content

You are solely responsible for all content you post, upload to, transmit, distribute, store, create or otherwise publish through the Services (“User Content”). The User Content you provide must comply with the rules set forth below. These rules do not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
-User Content that is libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, invasive of privacy or publicity rights, fraudulent, deceptive or otherwise objectionable;

-User Content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law;

-User Content that may infringe or violate any patent, trademark, trade secret, copyright, or other intellectual or other right of any party;User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;

-User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Private information of any third-party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers or credit card numbers;

-Unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages;

-User Content designed to deceive or trick the user of the Services;

-Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Services; or

-User Content that, in the sole judgment of Cray Pay, is objectionable.

Although Cray Pay does not control and has no obligation to screen, edit or monitor any of the User Content posted, stored or uploaded on (or otherwise made available via) the Services, Cray Pay reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted, stored or uploaded on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post, store or upload on (or otherwise make available via) the Services at your sole cost and expense.  Cray Pay takes no responsibility and assumes no liability for any User Content posted, stored or uploaded on (or otherwise made available via) the Services.Except for any Feedback you provide with respect to the Services, you retain ownership of the User Content you post, store or upload on (or otherwise make available via) the Services.

You hereby grant Cray Pay and our affiliates a non-exclusive, royalty-free, perpetual, and irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any manner or media, on or off the Services. You represent and warrant that: (i) you own and control all of the rights to the User Content that you post, store or upload on (or otherwise make available via) the Services or you otherwise have the right to make available such User Content via the Services and grant the rights granted in these Terms; (ii) the User Content that you post, store or upload on (or otherwise make available via) the Services is accurate and not misleading; and (iii) Cray Pay’s use of the User Content you supply does not violate these Terms and will not violate any rights of, or cause injury to, any person or entity.

  • Investigating any disputed charges.
  • Fulfilling your purchase.
  • Providing you with a business or technical support function.
  • Verifying and/or processing credit card orders.
  • Hosting, developing, and maintaining our service, our database, and enhancing our network information.Pin
  • Creating and publishing reports on trend and patterns for business-related practices.
  • If we believe that there has been a violation of the Terms and Conditions, Terms of Sale, our rights, or the rights of any of our affiliates or third parties.
  • If necessary, to identify, investigate, prevent or take action regarding illegal activities or suspected fraud or other abuses of our services.
  • Complying with applicable laws.
  • Responding to a judicial request, court order, law enforcement agency request, or requests in connection with an investigation concerning matters of public safety.
  • The transfer of our assets in the event of sale, merger, acquisition by another company, or the sale of all or a portion of our assets. We may disclose or sell such information as an asset of the company in conjunction with the sale to a third party of our company or portion of our assets.

User Conduct

The Program may be used and accessed for lawful purposes only. You agree not to, and to not encourage or conspire with anyone else to, engage in any conduct that is inconsistent with the purposes, intent and spirit of the Program. You also agree to abide by all applicable local, state, national and foreign laws and regulations in connection with your use of the Program. In addition, you agree you are solely responsible for your conduct and the conduct of anyone who uses your account with respect to the Services not, and will not permit anyone using your account to do any of the following:

You are solely responsible for your conduct and the conduct of anyone who uses your account with respect to the Services, and you agree that you will not and will not permit anyone using your account to do any of the following in connection with the Services:

-Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functionality of the Services in any manner or in any way inconsistent with any documentation provided to or made available to you by Cray Pay concerning the Services;

-Flag content or report abuse for improper purposes or without good reason;

-Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms or any other rules or polices established from time to time by Cray Pay;

-Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose;

-Create an account or post, store or upload (or otherwise make available) any User Content if you are not over 16 years of age;

-Use or attempt to use another user’s account without authorization from such user and Cray Pay;

-Modify, adapt, hack or emulate the Services;

-Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;

-Develop any third-party applications that interact with User Content or the Services without our prior consent;

-Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Services or third-parties; and

-Infringe upon or violate the rights of Cray Pay, our users or any third-party.

If your account is disabled, you, or anyone acting under your discretion, is/are strictly prohibited from creating another account with Cray Pay.

Cray Pay takes no responsibility and assumes no liability for any user conduct, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter while using the Services. Your use of the Services is at your own risk. Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services.

Termination

You may terminate your User Account at any time and for any reason by deleting your account via the Application or by requesting Cray Pay to cancel your User Account and membership in the Program by emailing said request to help@CrayPay.com. By canceling your Cray Pay membership, the User Account registered to you will be terminated and may no longer be accessible and all and other awards immediately forfeited. Any termination request will be handled within 30 days of receipt of such a request by Cray Pay. Any suspension, termination or cancellation will not affect your obligations to Cray Pay under the Terms and Conditions (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

Upon termination, all licenses and other rights granted to you under the Terms and Conditions will immediately cease, and you will forfeit all rewards and other awards accrued. We will not be liable to you or any other person for termination of your User Account or suspension of your access to the Program.

Account Inactivity

CRAY PAY MAY DEEM YOUR ACCOUNT INACTIVE IF YOU HAVE NOT ACTIVELY USED THE PROGRAM APPLICATION FOR 180 DAYS OR MORE. ONCE YOUR ACCOUNT IS DEEMED INACTIVE, ANY OR ALL REWARDS OTHER AWARDS WITHIN YOUR ACCOUNT MAY BE FORFEITED AT ANY TIME, WITHOUT NOTICE AND AT CRAY PAY’S SOLE DISCRETION, AND CRAY PAY MAY TERMINATE THE ACCOUNT.

Feedback

You can submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or materials about Cray Pay and the Services (collectively, “Feedback”). Feedback, whether submitted through the Services or otherwise, is non-confidential and shall become the sole property of Cray Pay. Cray Pay shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES AND CRAY PAY CONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CRAY PAY CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CRAY PAY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES AND THE CRAY PAY CONTENT CONTAINED THEREIN, INCLUDING ANY AND ALL: (I) IMPLIED WARRANTIES OF MERCHANTABILITY; (II) IMPLIED WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT CRAY PAY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE.

CRAY PAY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY CRAY PAY OR OUR AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION 13 MAY NOT APPLY TO YOU.

Indemnification

You agree, at your sole expense, to defend, indemnify and hold us, our service providers and consultants, and our and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your use of the Services or Cray Pay Content; (ii) your violation of these Terms or the rights of any third-party; or (iii) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Services.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL CRAY PAY BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE SERVICES AND THE CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO, THE GIFT CARDS, GIFT PROMOTIONS, RELATED PRODUCTS AND SERVICES (INCLUDING, BUT NOT LIMITED TO, THE REDEEMABILITY OF GIFT CARDS OR GIFT PROMOTIONS), USER CONTENT, CRAY PAY CONTENT, THIRD-PARTY SERVICES AND/OR THIRD-PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF CRAY PAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL CRAY PAY’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED FIFTY DOLLARS ($50.00) (AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE, THE COST TO PURCHASE AND OPERATE YOUR DEVICE, THE COST OF ANY GIFT CARDS OR THE COST OF ANY PRODUCTS OR SERVICES PURCHASED WITH A GIFT CARD).

Applicable Law

Cray Pay is based in the United States and our Services are subject to U.S. law. We make no representations or warranties that the Services are appropriate or available for use in other locations.  If you choose to access or use the Services from locations outside the United States, you do so at your own risk and are responsible for compliance with all applicable laws, rules and regulations. The laws of the State of New York, excluding its conflicts of law rules, govern your use of the Services. Your use of the Services may also be subject to other local, state, national, or international laws.

You agree that any action at law or in equity arising out of or relating to the Services or the Terms will be filed only in the state and federal courts located in Maricopa County, Arizona, and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of the Services (including, but not limited to, your use of the Services).

Modification or Termination of Services

Cray Pay reserves the right to change, suspend, remove, discontinue or disable access to the Services at any time and without notice. In no event will Cray Pay be liable for the removal of or disabling of access to any portion or feature of the Services.

Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Waiver

Enforcement of the Terms is solely in our discretion and our failure to enforce a provision in some instances does not constitute a waiver of our right to enforce such provision in other instances.

Assignment

Cray Pay may assign these Terms and its rights or delegate its obligations under without your consent. All provisions contained in these Terms shall extend to and be binding upon you and Cray Pay’s successors and assigns. You may not assign these Terms to another person or entity.

Contact Us

If you have any questions or concerns regarding these Terms or our Services, please contact please contact Michael Greenwald at 2509 S. Power Road, Suite 101, Mesa, AZ 85209 or by email at michael@craypay.com.

Privacy

Cray Pay, Inc., a Delaware corporation and its wholly owned company Cray Pay, LLC, is referred to in this privacy policy (“Policy”) as “Cray Pay”, “we”, “our”, or “us”. This Policy explains how personally identifiable information is collected, used and disclosed by Cray Pay with respect to your access and use of our mobile application (“App”), the Cray Pay website located at http://www.craypay.com. (collectively, the “Site”) and Cray Pay’s online products and services provided therein (collectively with the App and Site, the “Service”), so that you can make an informed decision about using the Service. For the avoidance of doubt, the collection, use and disclosure of information by merchants that issue and redeem gift cards using the Service are governed by the privacy policies of those merchants.

We reserve the right to change the provisions of this Policy at any time. We will alert you that changes have been made by indicating on this Policy the date it was last updated and, in some cases, we may provide you with additional notice (such as by adding a statement to the homepage of our App and/or Sites or by sending you an email notification). We encourage you to review this Policy from time-to-time to make sure that you understand how any personally identifiable information you provide to us or collected about you will be used.

What is Personally Identifiable Information (PII)?

As used in this Policy, the term “personally identifiable information” means information that specifically identifies an individual (such as a name, user name or email address), or information about that individual that is directly linked to information that specifically identifies an individual. Personally identifiable information does not include “aggregate” information, which is data we collect about the aggregate use of the Service or about a group or category of services or users, or data that has been reasonably de-identified and from which individual identities or other personally identifiable information has reasonably been removed. This Policy in no way restricts or limits our collection and use of aggregate or de-identified information.

Cray Pay is not designed nor intended to be attractive to use by children under the age of 16 (“Minors”). We do not knowingly collect PII from Minors, but we may collect information about Minors from their parents or legal guardians. If you are under the age of 16, please do not submit any information to us.

What information is collected?

Active Collection: We collect information from you in various ways when you use the Service. For example, we collect information that you voluntarily provide to us (such as when you send us an email or create a Cray Pay account). Such information may include personally identifiable information, such as your name, email address, social network data, other account data, and financial information. Personal and demographic information may also be collected if you provide such information in connection with posting data, providing access to your online groups and other activities in connection with the Service.

Automatically Collected When You Use our Service: When you use the Service, some information is also automatically collected. For example, we may automatically collect certain information such as your Internet Protocol (IP) address (which we may use to estimate your approximate location), unique device identifiers, your mobile number, your device model and name, your operating system, your browser type, your preferred language, and your activity on the Service. We may also automatically collect certain logistical information in server logs, including information about how you use various features of our Service and information about the number, frequency and length of each session. We treat this information as personally identifiable information if we combine it with or link it to any of the identifying information mentioned above. Otherwise, this information is used in aggregate or de-identified form only.

In connection with our App, we may collect information about the precise geolocation of your device with your consent. For information about how to disable this collection, please see “Your Choices” below. Please note that our collection of geolocation is in addition to our use of your IP address to estimate your approximate location.

We may also automatically collect certain information through the use of “cookies” when you use the Service. Cookies are small data files stored on your hard drive at the request of a website. Among other things, cookies help us to improve the Service and your experience. If we link cookies to any personally identifiable information, we will treat this information as personally identifiable information. If you wish to block, erase or be warned of cookies, please refer to your browser manufacturer to learn about these functions. However, if you choose to remove or reject cookies, this could affect certain features or services made available via the Service.

The use of cookies by our partners, affiliates, tracking utility company, or Service Providers (as defined below) is not covered by this Policy.

We may use Web beacons or similar technology on the Service. We may link the information gathered by clear gifs to your personally identifiable information. Web beacons are small, invisible graphic images that may be used on the Service or in emails relating to the Service to collect certain information and monitor user activity on the Service, such as to count visits, understand usage effectiveness and to tell if an email has been opened and acted upon.

Personally identifiable information will be stored on secured servers, and we may store and process personally identifiable information in the United States and other countries.

Information We Collect From Other Sources: We may also obtain information from other sources and combine that with information we collect through our Service. For example, if you create or log into your account through a social media site, we will have access to certain information from that site, such as your name, account information, profile photo and friends lists, in accordance with the authorization procedures determined by such social media site.

How is Personally Identifiable Information we collect used?

We use personally identifiable information collected through the Service for the purposes described in this Policy or elsewhere on the Service. For example, we may use personally identifiable information we collect:

-to process and complete any transactions in connection with the Service;

-to request feedback and to otherwise contact you about your use of the Service, products and services of Cray Pay or other companies, and any other news and promotions we think will be of interest to you;

-to provide, improve and enhance products and services Cray Pay or its affiliated companies offer and to market those products and services;

-to respond to your emails, questions, comments, requests and complaints, and to provide customer service;

-to monitor and analyze Service usage and trends;

-to perform analytics for various purposes such as personalizing and improving the Service, and our users’ experiences with the Service (such as providing content or features that match interests), and to increase the Service’s functionality and user friendliness;

-investigate and prevent fraudulent transactions and other illegal activities;

-to notify you about important changes to the Service;

-for any other purpose for which the information was collected; and

-to send you confirmations, updates, security alerts, additional information about our products and services and support and administrative messages, and otherwise facilitates your use of, and our administration and operation of, the Service.

Is Personally Identifiable Information shared with third-parties?

We will not knowingly share the personally identifiable information we collect from you through the Service with third-parties, except as described in this Policy or on the Service. For example, we may share personally identifiable information as follows:

-with merchants, consultants, and other service providers (such as a credit card processing company to bill you for the Service and an email service provider to send out emails on our behalf) (“Service Providers”) who are engaged by or working with us in connection with the operation of the Service and who need access to such information to carry out their work for us;

-with fraud prevention companies that may use information about you to help us and their other clients prevent fraudulent or other illegal transactions;

-when you give us your consent to do so, including if we notify you on the Service that the information you provide will be shared in a particular manner and you provide such information;in an aggregated or de-identified form that does not reasonably identify you;

-when we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or legal processes or to respond to lawful requests or legal authorities including, but not limited to, responding to lawful subpoenas, warrants or court orders;

-when we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to protect the rights, property, or safety of Cray Pay, our users, our employees, copyright owners, third-parties or the public including, but not limited to, protecting Cray Pay or our users from fraudulent, abusive, inappropriate, or unlawful use of the Service;

-to enforce or apply this Policy, our terms or service, or our other policies or agreements; andin connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where personally identifiable information may be disclosed or transferred as one of the business assets of Cray Pay.

You understand that when you use the Service, information you provide via the Service, information you grant access to by using the Service, as well as any information you share with individuals through the Service, will be available to other users and in some cases may be made publicly available.

We are not responsible for the actions of Service Providers or other third-parties, nor are we responsible for any additional information you provide directly to any other users or third-parties, and we encourage you to become familiar with third-party privacy practices before disclosing information directly to any such third-parties. Nothing herein restricts the sharing of aggregated or anonymized information, which may be shared with third-parties without your consent.

Access to Personally Identifiable Information

f your personally identifiable information changes, or if you no longer desire the Service, you may correct, update or delete it by making the change via the settings link available via our Service or by emailing our customer support at support@craypay.com.

If you wish to request the deletion of an unauthorized account, you may contact us at support@craypay.com. We will retain your information for as long as your account is active or as needed to provide the Service. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

Tell-A-Friend

If you choose to use our referral service to tell a friend about the Service, we will ask you for your friend’s contact information. We may use telephone numbers, email addresses, Facebook and other social networks to invite friends to use the Service. Cray Pay stores the contact information of your friends for the sole purpose of inviting your friends to use the Service and tracking the success of our referral program.

Other websites

The Service may contain links to other websites. Any personally identifiable information you provide on the linked pages is provided directly to that third-party and is subject to that third-party’s privacy policy. This Policy does not apply to such linked websites, and we are not responsible for the content or privacy and security practices and policies of these websites or any other websites that are linked to/from the Service. We encourage you to learn about their privacy and security practices and policies before providing them with personally identifiable information.

Security – What steps do we take to protect your information online?

We take reasonable measures to protect your personally identifiable information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can guarantee against any interception or any other type of misuse. Therefore, we cannot guarantee its absolute security.

To assist with the protection of personally identifiable information, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of the Service by any person using your password. Please advise us immediately if you believe your password has been misused. If you have any questions about security on our Service, you can contact us at support@craypay.com.

Advertising and Analytics Services

We may use third-party ad networks to display advertising within our Service and across the Internet, and we may use our own and third-party analytics services for various purposes including better understanding and enabling your use of our Service. These services may involve the use of Web beacons, cookies, and other tracking technologies to collect information about your activities on our Service and other websites and online services, including device identifiers, web browser, pages viewed, time spent on pages, links clicked and conversion information.

Further, your collected information and the analytics services may be used by Cray Pay and others to, for example, provide you with targeted advertising based upon your interests, analyze and track transaction-related and other collected data, and determine the popularity of certain content. Many of the ad networks on our Service participate in the Digital Advertising Alliance’s self-regulatory program, which allows you to opt out of having your browser information used for interest-based advertising. For more information, please visit www.aboutads.info/choices. Please note that opting out of interest-based advertising specifically does not opt you out of all advertising generally. You may continue to receive generic ads from ad networks on our Service.

Login via social networks

We may provide the ability to log in to the Service using sign-in services from your social network. Such social networks give you the option to post information and to share such information with others within your social network. If you stop using the social network from which you signed-in to use the Service, you agree that we will nevertheless retain the personally identifiable information from such social network to which you provided us access in accordance with this Policy.

Social media features and widgets

The Service may include social media features which may collect your IP address, and may set a cookie to enable the feature to function properly. Your interactions with these features are governed by the privacy policy of the company providing them.

Options

Promotional Communications. You may “opt-out” of receiving marketing or promotional communications from us by following the instructions in those messages or by emailing us at support@craypay.com. If you opt out, we may still send you non-promotional messages, such as messages about your account, previous transactions or our ongoing business relations.

If you initially consent to our collection of precise geolocation information via our App, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device. If you do so, certain features of our App will no longer function. You may also stop our collection of geolocation information by following the standard uninstall process to remove our App from your device. Please note that if you opt out of our collection of geolocation information, we may still use your IP address to estimate your approximate location.

Cookies. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Service.

Additional Questions?

If you have any questions about this Policy, please contact support@craypay.com.

Copyright Policy

Cray Pay, Inc. and its wholly owned company, Cray Pay, LLC  (“collectively Cray Pay”), respects the intellectual property rights of others and expects its users to do the same.

In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, and other applicable law, Cray Pay has adopted a policy of terminating, in appropriate circumstances and at Cray Pay’s sole discretion, account holders who are deemed to be repeat infringers. Cray Pay may also, at its sole discretion, limit access to its mobile application (“Application”) and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Cray Pay will respond to claims of copyright infringement committed using the Cray Pay website, the Application or any other Cray Pay platform (collectively, the “Cray Pay Site”) that are reported to Cray Pay’s Designated Copyright Agent, identified in the sample notice below.

If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorney’s fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Cray Pay Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Cray Pay’s Designated Copyright Agent. Upon receipt of the Notice as described below, Cray Pay will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Cray Pay Site.

DMCA Notice of Alleged Infringement (“Notice”):

-Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.

-Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Cray Pay Site where such material may be found.

-Provide your mailing address, telephone number, and, if available, email address.

-Include both of the following statements in the body of the Notice: (i) “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”; and (ii) “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

-Provide your full legal name and your electronic or physical signature.

-Deliver this Notice, with all items completed, to Cray Pay’s Designated Copyright Agent: Michael Greenwald, 2509 S. Power Road, Suite 101, Mesa, AZ 85209 or email to support@craypay.com.