Effective Date: September, 2011
We reserve the right to deny access to the Service to anyone who violates this Visitor Agreement or who, in our judgment, interferes with the ability of others to enjoy this Service or who infringes the rights of others.
We invite you to send in your questions or comments about this Service, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss, to legal@APdailydeals.com
We respect the privacy of the users of our Service. Please take a moment to review our Privacy Statement.
RIGHTS AND LIMITATIONS ON USE OF CONTENT ON THIS SITE
Our Limited License to You. The materials available through this Service are the property of us and our affiliates, licensors, and advertisers, and are protected by copyright, trademark and other intellectual property laws. You are free to access the Service for non-commercial purposes, and to display and print for your personal, non-commercial use the content you receive through this Service, provided that you reprint any copyright and other rights notices included in such content. You may not otherwise reproduce any of the materials on this Service, or distribute copies of materials found on this Service in any form(including by email or other electronic means), without prior written permission from the owner. Of course, you’re free to encourage others to access the information themselves from our Service and to tell them how to find it.
Links. We welcome links to our Service. You are free to establish a hypertext link to this Service so long as the link does not state or imply any sponsorship of your site by us.
No Framing. Without our prior written permission, you may not frame, or in-line link, any of the content of this Service, or incorporate into another website or other service any of our intellectual property.
Trademarks. We don’t want anyone to be confused as to which materials and services are provided by us and which aren’t. You may not use any trademark or service mark appearing on this Service without the prior written consent of the owner of the mark. APdailydeals is a trademark of Ad Pages Magazine, Inc..
Notice of Copyright Infringement. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this Service, please notify us by sending an email to copyright@APdailydeals.com or by sending a notice by U.S. Mail to APdailydeals, c/o Ad Pages Magazine, Inc., 1705 Ave. K, Plano, TX 75013. Attn: Bill Squiric. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on the Service the allegedly infringing material appears that will allow us to locate the material; (4) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (6) a statement by you that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
Your License to Us. The Service may include features that allow you to submit comments and other feedback or materials to us. By submitting material to us (including any text, photos, or other content), you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. By submitting material to any public posting areas of this Service, such as message boards, forums, or community publishing areas, you agree that such material is provided to us and our partners, agents, service providers (collectively, our “Service Providers” ) and our affiliates (which include, without limitation, all newspapers, television stations, and radio stations, and their respective websites, owned and/or operated by our parent company(ies) and its/their subsidiaries) on a perpetual, irrevocable, royalty-free, unlimited, worldwide, transferable, non-exclusive basis, and that we and our Service Providers and affiliates may use, reproduce, modify, archive, publish, sell, exploit, display, create derivative works from, publicly perform, and otherwise distribute such material as we see fit in any medium now known or hereafter developed, in any manner we see fit (for example, online or offline derivative works) and for any purpose. The foregoing grant includes the right to exploit any proprietary rights in materials you submit to this Service, including, but not limited to, rights under copyright, trademark or patent laws that exist throughout the world. Without limiting the generality of the previous sentence, you agree that we may distribute, share or otherwise provide such material under any terms we see fit to any user(s) of this Service or any users of any of our Service Providers’ and our affiliates’ sites or services, without the requirement of providing you any form of compensation. You also agree that we, our Service Providers and our affiliates may identify you as the author of any of your postings by name, email address or screen name, as we or they see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we or they consider unacceptable or inappropriate, whether for legal or other reasons. For more information about these limitations and our rights to disclose materials you submit to this Service, please see “Use of Communications Services”, below.
Materials Submitted by Other Users. We cannot and do not review every posting made in any chat rooms, forums, and other areas available for public postings on or through this Service, postings made through any social media tools available through this Service, or postings made on third-party social networking sites that may link to this Service. You may well read any given posting before anyone on our staff does. Take what you find with a grain of salt. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or “expert” guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.
THIS SITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THIS SITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE, OR OUR AFFILIATES SERVICE PROVIDERS OR OUR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THIS SITE OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS AND USE THE SERVICE. THE AMOUNT YOU PAY FOR ANY VOUCHER PURCHASED THROUGH THE SERVICE SHALL NOT BE CONSTRUED AS AN AMOUNT PAID BY YOU TO ACCESS AND/OR USE THE SERVICE LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED IN ACCORDANCE WITH THE PRECEDING SENTENCE EVEN IF ANY REMEDY PROVIDED FOR IN THIS VISITOR AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.
USE OF COMMUNICATIONS SERVICES
We may provide a variety of services on this Service through which you can directly interact with others, such as chat rooms, communications tools, forums, and other public posting areas (“Communications Services”). We want to encourage an open exchange of information and ideas, but at the same time we want everyone to be able to enjoy these Communications Services.
Without limiting the terms of our Privacy Statement, we will not, in the ordinary course of business, review private electronic messages that are not addressed to us and that are sent through the Communications Services. However, we maintain the right to do so and to use any other forms of information available to us by virtue of your use of our Service (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce this Visitor Agreement, or to protect the rights, property or safety of visitors to our Service, our customers, the public or APdailydeals and its employees, Service Providers, Merchants, parent company(ies) and its and their affiliates.
We reserve the right to deny access to any Communications Service to anyone who violates this Visitor Agreement or who, in our judgment, interferes with the ability of others to enjoy our Service or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.
Specific Prohibited Uses. Without limiting the foregoing, we may immediately terminate your use of any Communications Service if you engage in any of the following prohibited activities:
- Uploading, posting, emailing, transmitting or otherwise making available any content that is unlawful, harmful, threatening, abusive, libelous, or obscene;
- Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- Forging headers or otherwise manipulating identifiers in a manner that disguises the origin of any content you transmit through any Communications Service;
- Uploading, posting, emailing, transmitting or otherwise making available any content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Uploading, posting, emailing, transmitting or otherwise making available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
- Uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without our express written approval;
- Gathering for the purpose of “spamming” any email addresses that users post in our chat rooms, forums and other public posting areas;
- Registering multiple accounts under the same name (even if using different email addresses), for the purpose of earning referral credits or abusing promotional codes;
- Uploading, posting, emailing, transmitting or otherwise making available any content or material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or other equipment, or to cause a security breach of such software, hardware or telecommunications or other equipment;
- Uploading or posting any off-topic or irrelevant material to any chat room or forum;
- Interfering with or disrupting any servers or networks used to provide the Communications Services, or disobeying any requirements, procedures, policies or regulations of the networks we use to provide the Communications Services;
- Violating any applicable local, state, national or international law, including, but not limited to (1) all applicab le laws regarding the transmission of technical data exported from the United States or the country in which you reside, (2) regulations promulgated by the U.S. Securities and Exchange Commission, and (3) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
- “Stalking” or otherwise harassing another;
- Instigating or encouraging others to commit illegal activities or cause injury or property damage to any person;
- Collecting or storing personal data about other users;
- Gaining unauthorized access to our website, or any account, computer system, or network connected to this website, by means such as hacking, password mining or other illicit means; or
- Obtaining or attempting to obtain any materials or information through any means not intentionally made available through this website.
Spam. We will immediately terminate any account which we believe is being used to transmit, or is otherwise connected with, any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay us liquidated damages of $2 for each item of spam or unsolicited bulk email transmitted from, or otherwise connected with, your account. Otherwise you agree to pay our actual damages, to the extent such actual damages can be reasonably calculated.
Viruses. Because of the volume of email messages sent by us, we cannot and do not always monitor such email messages and attachments. You acknowledge and agree that such email messages may contain viruses, worms or other harmful components. You also acknowledge and agree that you are solely responsible for screening the email messages and attachments for viruses, worms and other harmful components.
You agree to indemnify and hold us and our affiliates, Service Providers, Merchants and our licensors, and all of their respective officers, directors, employees and agents harmless from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the Service, your use of any Voucher, violation of this Visitor Agreement by you or any other person using your account, or your violation of any rights of another. We reserve the right to control defense of any action for which we are entitled to indemnification hereunder. In such event, you agree to cooperate with us, at our expense, as we may reasonably request in connection with our defense of the applicable claim.
Registration. As further described in the Terms of Sale, below, to purchase a Voucher (as defined below) through our Service, you must register with us. Children under the age of 13 may not register for the Service. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to reject or terminate any user name that, in our judgment, we deem offensive. You will be responsible for preserving the confidentiality of your password and will notify us of any known or suspected unauthorized use of your account.
Jurisdiction. This Visitor Agreement has been made in and shall be construed in accordance with the laws of the State of Texas, without regard to its conflicts of laws rules. By using this Service, you consent to the exclusive jurisdiction of the state and federal courts in Collin County, Texas in all disputes arising out of or relating to this agreement or this Service.
II. TERMS OF SALE
ABOUT THE APDAILYDEALS SERVICE
Please note that, although APdailydeals is advertising Vouchers offered and provided by third-party Merchants, not by APdailydeals, when you purchase a Voucher, the charge on your credit card statement for your purchase of the Voucher will identify APdailydeals (or Ad Pages, Ad Pages Online, Ad Pages Magazine, or BillMyr Enterprises, Inc), as the merchant of record. Once you have purchased a Voucher, You agree to not dispute or otherwise seek a “chargeback” from the company whose credit card you used.
VOUCHER REDEMPTION AND EXPIRATION
Each Voucher will state both the amount you paid for the Voucher (your “Payment”) and the total dollar value for which you can redeem the Voucher for the applicable Merchant’s products and/or services (the “Value”). The difference between the Payment and the Value is referred to as the “Promotional Value”. For example, if you pay $10 for a Voucher that entitles you to receive up to $30 worth of goods from a Merchant, then the Payment for that Voucher would be $10, the Value of the Voucher would be $30, and the Promotional Value of that Voucher would be $20 (in other words, the difference between the $30 Value and the $10 Payment).
In order to redeem your Voucher, you must log in to your account, print out your Voucher, and present the printed Voucher to the Merchant prior to the expiration date stated on the Voucher (if any). In the event we offer the ability to access Vouchers on mobile devices, you may, as an alternative, present your Voucher to the Merchant on your supported device. When you purchase goods or services from the Merchant and present your Voucher for redemption, the Merchant will apply your redemption purchase against your Payment first, and then against any Promotional Value that may remain.
If an expiration date is stated on the Voucher, then the Promotional Value will expire on the expiration date. In addition, the Payment will expire on the expiration date except to the extent that applicable state law requires the Merchant to honor and redeem the Payment for a period of time beyond the stated expiration date.
APdailydeals offers a “30-Day Money-Back Guarantee” (Guaranteed Period). This guarantee covers the amount you paid for a Voucher (Payment) for a 30 day period following the date of your original purchase, provided the Voucher expiration date has not lapsed. Specific terms regarding the guarantee can be found at http://APdailydeals.com.
After the Guaranteed Period, except as expressly provided below, no refunds, cash back, or credit will be issued for your Payment or for the Promotional Value of any Voucher, unless required by applicable state law. No refunds, cash back, or credit will be issued at any time for the Payment or Promotional Value of any partially used Voucher, unless otherwise required by applicable state law.
Notwithstanding the above, we will refund your Payment for an unused Voucher in the event that (i) the Merchant ceases doing business prior to the expiration date (if any) stated on the Voucher; or (ii) the Merchant does not honor the Voucher prior to the expiration date (if any) stated on the Voucher. In order to request a refund under one of the circumstances outlined above, after the Guaranteed Period, please complete the form found at http://APdailydeals.com. If we determine that you qualify for a refund as set forth above, we will refund your Payment to the credit card you used to purchase the Voucher, assuming your credit card is still valid, and the time period between purchase and refund has not exceeded 120 days (maximum amount of time allowable by Authorize.net). If a refund to the credit card is not an option, then we will extend equivalent APdailydeals credit to your user account.
The Deals offered through this Service are provided by third-party merchants. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of products and services provided by a third party, and we make no warranties regarding any such products or services. When you purchase a Voucher on or through the Service, the Voucher itself may be subject to additional terms and conditions. Any such terms that apply to your purchase of the Voucher through the Service will be presented as part of your transaction. For more information regarding a Merchant that is offering a Voucher for purchase through the Service, visit that Merchant’s website and click on its information links or contact the Merchant directly. YOU RELEASE US, OUR PARENT COMPANY(IES) AND OUR AND THEIR AFFILIATES FROM ANY DAMAGES THAT YOU MAY INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST US OR ANY OF OUR PARENT COMPANY(IES) AND OUR AND THEIR AFFILIATES, ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES USING VOUCHERS PURCHASED THROUGH THIS SERVICE.
GENERAL TERMS AND CONDITIONS
Each Merchant may impose its own terms and conditions on the use or redemption of a Voucher. Except as otherwise stated on a Voucher or required by law, the following terms and conditions apply to all Vouchers:
- Each Voucher is issued by the Merchant for promotional purposes only and has no cash value;
- Vouchers cannot be combined with any other coupons, discounts, or promotions;
- Each Voucher may be redeemed only one time. If you redeem the Voucher for less than its face value, you will not be entitled to a credit, cash or a new Voucher equal to the difference between the face value and the amount you redeemed, unless otherwise required by law.
- Vouchers may not be copied or duplicated. Any such copies or duplicates are null and void.
- End user of Voucher is responsible for paying all taxes, tips, prior balances, or shipping and handling charges, unless otherwise specified.
- The redemption of Vouchers for alcoholic beverages will be at the discretion of the Merchant and is subject to applicable law.
- Neither APdailydeals, nor the Merchant will be responsible for lost or stolen Vouchers, or for Vouchers that are printed in an unreadable or illegible manner.
- The Merchant has the right to substitute goods or services of equal or greater value.
- The Merchant is the issuer of the Voucher and is the seller of the goods and services for which the Voucher may be redeemed. Accordingly, the Merchant is solely responsible for: (i) complying with the terms of the Voucher and redeeming the Voucher; (ii) any and all injuries, damages, costs, liabilities and claims arising out of, or relating to, the Merchant or its goods or services; and (iii) any unclaimed property liability arising out of Vouchers that are unredeemed or are only partially redeemed; and (iv) collecting any additional taxes or fees associated with the transaction.
If a Voucher contains terms or conditions that conflict with the above terms and conditions, then the terms or conditions stated on the Voucher will control for that Voucher only.