CONDITIONAL USE OF THE SITE AND VOUCHERS
Your permission to use Deals Magazine is conditioned upon your agreement that you:
are 13 years of age or older;
are 18 years of age or older if you purchase any Voucher;
will comply with these Terms of Service;
will not copy or distribute any part of Deals Magazine in any medium without Deals Magazine’s prior written authorization;
will provide accurate information when creating an account or registering for the Vouchers; and
are solely responsible for your User ID and the activity that occurs while signed in to or while using Deals Magazine.
Your Account and Deals Magazine Profile
You will need to register by creating an account with Deals Magazine in order to obtain access to the Vouchers. If you choose to create an account, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “User ID”). Access to the site and Vouchers 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 site or use the Vouchers have previously been terminated by Deals Magazine may not register for an account, nor may you designate any of those individuals to use your account on your behalf.
Deals Magazine relies on User IDs to know whether users accessing the site and using the Vouchers are authorized to do so. If someone accesses the site or Vouchers 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 site or use of the Vouchers by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.
Non-Confidentiality, Security and Privacy
Information that you submit to us, such as credit card information provided in connection with the purchase of a Voucher, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with the purchase of a Voucher, other than your credit card information, may be disclosed by us to the vendor for their commercial purposes including to redeem the Voucher.
Any communications between you and Deals Magazine, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying the Vouchers will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.
Multiple or Duplicate Accounts
If duplicate accounts are located, Deals Magazine will close all but one account. You will be notified by email. You must respond to that email in order to select which account you’d like to keep open. If you fail to respond, Deals Magazine will select what it deems as the primary account. Unredeemed purchases completed on the additional accounts with the intent to purchase more than the allowed maximum stated by the vendor will be reimbursed to the credit card on file at the time the account(s) is closed. If continued violation of terms occurs after the first warning, Deals Magazine will close all accounts associated and purchases will no longer be allowed on Deals Magazine.
General Rules of User Conduct
It is our goal to make the use of the site and Vouchers a good experience for all of our users, so you agree not to do any of the following:
conduct or promote any illegal activities while using the site or Vouchers;
attempt to reverse engineer or jeopardize the correct functioning of the site or Vouchers, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the site;
attempt to gain access to secured portions of the site to which you do not possess access rights;
upload or transmit any form of virus, worm, Trojan horse or other malicious code;
use the site to generate unsolicited email advertisements or spam;
use any automatic or manual process to search or harvest information from the site, or to interfere in any way with the proper functioning of the site and Vouchers; or
impersonate another user.
Links to Third Party Websites
We do not have control over websites that Deals Magazine may link to. Deals Magazine may contain links to third party websites that are not owned, operated, or controlled by Deals Magazine. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party website. By using Deals Magazine you expressly relieve us from any and all liability arising from your use of any third party website.
Deals Magazine provides consumers with opportunities to purchase products and services from third party vendors with a time limited promotion (a “Voucher”). Vendors are willing to offer attractive promotions in order to reach the Deals Magazine community.
1. How it Works
You are required to create an account in order to purchase any Voucher. An account is required so we can collect information to allow you to pay for your Vouchers and provide you with easy access to print your Vouchers, view your past purchases and modify your preferences. By placing an order for a given Voucher, you make an offer to purchase the Voucher you have selected on the terms, restrictions and conditions associated with the Voucher. Once you have placed your order, you will received a confirmation of the Voucher and your credit card will be charged for the amount of the Voucher. We will notify you by email when the Voucher is ready to be used.
2. The Voucher
Each Voucher combines two separate portions that make up the Voucher: (i) a paid portion equal to the amount your credit card is charged and similar to a paid gift certificate; and (ii) at no additional charge to you, a promotional portion for the balance of the value of the Voucher if used by the expiration date on the Voucher. In the event you redeem your Voucher for less than the full amount stated on the Voucher, you will not be entitled to receive any credit or cash for the difference between the face value and the amount you redeemed.
3. Expiration Dates
The expiration date is as printed on the Voucher. If you do not redeem the Voucher prior to the expiration date, Deals Magazine will refund the paid portion of your Voucher in the form of a credit for future Vouchers. In order to receive the credit, you must provide the following information in writing to email@example.com: (a) identification of the Voucher and the associated vendor, and (b) a statement, under penalty of perjury, that the Voucher has never been redeemed with the vendor.
4. Voucher Specific Terms
Each Voucher has specific terms associated with it, which will be presented to you at the time you commit to purchase the particular Voucher. Voucher specific terms supersede any inconsistent terms in this agreement, except to the extent such terms are prohibited by applicable law.
5. Global Terms
Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers:
no cash value for any Voucher;
no cash back or credit will be issued for partial redemption of the Voucher, except as required by law;
use of a Voucher for alcoholic beverages is at the sole discretion of the vendor (which may be limited by applicable state or provincial law), unless otherwise noted on the Voucher;
Vouchers cannot be combined with any other coupons or promotions unless otherwise noted in the Voucher;
Vouchers cannot be used for taxes, tips, prior balances, shipping or handling, as applicable;
neither Deals Magazine nor the vendor is responsible for lost or stolen Vouchers or Voucher reference numbers;
duplicate use, sale or trade of a Voucher is prohibited, except as required by law; and
unless otherwise stated at the time a Voucher is purchased, the Voucher price does not include sales, value added or use taxes, which may be charged to you separately by the vendor at the time you redeem the Voucher.
Voucher Expiration: Voucher expires according to the terms above. However, even if the promotional offer stated on your Voucher has expired, if you have gone to Vendor and Vendor has refused to redeem your expired Voucher, upon request, Deals Magazine will credit your account with the purchase price of the Voucher per the Terms of Sale. Such credit may used to purchase future vouchers from Deals Magazine.
No Partial Redemptions: If you redeem this Voucher for less than the face value, you will not be entitled to receive any credit or cash for the difference between the face value and the amount you redeemed.
Voucher Redemption: This Voucher can only be used for making purchases of goods or services at Vendor, subject to the customer’s compliance with the express terms and provision of the Voucher. Vendor is solely responsible for Voucher redemption and the goods or services supplied. Vouchers cannot be redeemed for cash or applied as payment to any account.
6. Vendor Responsibility
The vendor shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the vendor or its products and services. By purchasing a Voucher, a customer acquires the right to print a Voucher issued by the participating vendor and to use the Voucher according to its terms and the terms of this agreement. Whether you choose to print and/or redeem the Voucher is within your sole control and at your sole discretion.
7. Promotions of the Voucher Program
From time to time we may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase Vouchers or to encourage you to get others to do so. The applicable rules will be posted on the site in or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.
8. Products Available for Sale
Deals Magazine will provide a refund of the purchase price paid by you for any Voucher within five days after the purchase of a Voucher, provided that the Voucher has not yet been redeemed. After five days, we do not provide refunds except that we will provide a refund if you are unable to redeem a Voucher before the applicable expiration date because the associated vendor has gone out of business.
Deals Magazine will credit your Deals Magazine account in the amount of the purchase price paid by you for any Voucher provided that the Voucher has not yet been redeemed by you or any third party, or as required by applicable law.
10. Voucher Limitations
Some of the Vouchers are provided for a limited number of purchasers or a limited number of purchases, as specified in the particular Voucher. Any attempt to obtain more than the permitted number of Vouchers by using multiple or different identities, credit cards, forms, registrations, addresses or any other method will void that person’s purchases. Deals Magazine will be the arbiter, in its discretion, as to whether purchase characteristics indicate a violation of these rules.
11. Rights to Service
Deals Magazine reserves the right to refuse service to customers who abuse the Deals Magazine program or fail to adhere to the spirit of this agreement. An example includes but is not limited to customers who purchase vouchers and resell or trade those vouchers or attempt to resell or trade vouchers in a secondary market.
12. Duplicate Accounts
If duplicate accounts are located, we will close all but one account. You will be notified by email. You must respond to that email in order to select which account you’d like to keep open. If you fail to respond, we will select what we deem as the primary account. Unredeemed purchases completed on the additional accounts with the intent to purchase more than the allowed maximum stated by the vendor will be reimbursed to the credit card on file at the time the account(s) is closed. If continued fraud occurs after the first warning, we will close all accounts associated and purchases will no longer be allowed on Deals Magazine.
We may change or discontinue the site or any of the Vouchers at any time without prior notice. We reserve the right to terminate this agreement at our election and for any reason, without prior notice, and this agreement will automatically terminate in the event that you violate any of the terms and conditions set forth herein. In the event of any termination, you will immediately cease access to the site and Vouchers. Any Voucher issued prior to termination will be honored according to its terms and the terms of this agreement specifically applicable to such Voucher.
DISCLAIMERS OF WARRANTY
LIMITATIONS OF LIABILITY
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF DEALS MAGAZINE. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, OR VENDORS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND VOUCHERS EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC VOUCHER AT ISSUE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND VENDORS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND VOUCHERS. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND VENDORS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless Deals Magazine, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to Deals Magazine; (ii) your violation of any term of these Terms of Service; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of Deals Magazine.
RESERVATION OF RIGHTS AND RELEASE
Deals Magazine reserves the right, but has no obligation, to monitor, or take any action it deems appropriate regarding disputes that you may have with other customers of ours or any vendors. To the extent the law permits, you release us from any claims related to the conduct of any other customers of ours or any vendors. You hereby waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the site and Vouchers, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this agreement, except for the limited right to use the site and Vouchers in accordance with this agreement. “Deals Magazine” is our trademark. Other product and company names that are mentioned on the site or provided as part of the Vouchers may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this agreement.
The content on Deals Magazine, excluding all intellectual property of other websites obtained by way of API and linking, is owned by Deals Magazine. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”). The Marks are owned or licensed to Deals Magazine, subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and international conventions. Content provided by Deals Magazine is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the site and Vouchers.
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner’s agent and find content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our Copyright Agent with the following information (see 17 U.S.C. 512(c)(3) for further detail) in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be 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 the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Deals Magazine’s designated Copyright Agent to receive notifications of claimed infringement can be reached at firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
The communications between you and Deals Magazine use electronic means, whether you visit the site or send us emails, or whether Deals Magazine posts notices on the site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Deals Magazine in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Deals Magazine provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
ENTIRE AGREEMENT, CHANGES TO THIS AGREEMENT AND WAIVERS
CONTRACTING PARTY, CHOICE OF LAW, LOCATION FOR RESOLVING DISPUTES, CONTACT INFORMATION
This agreement is between you and Deals Magazine. Communications may be directed to the address below. The laws of the state of Illinois govern the interpretation of this agreement and any disputes arising in connection with it, regardless of conflict of laws principles. Any claim or dispute between you and Deals Magazine that arises out of or relates to this agreement shall be decided exclusively by a court of competent jurisdiction located in the state of Illinois.
You and Deals Magazine are independent parties, and nothing in this agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this agreement. You may not assign this agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this agreement will not be considered a waiver of the right to enforce such provision. Our rights under this agreement will survive any termination of this agreement.
YOU AND DEALS MAGAZINE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO DEALS MAGAZINE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You represent that you are legally able to accept these Terms of Service. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this agreement, and to abide by and comply with this agreement. And as stated above in the Conditional Use of the Site and Vouchers, you affirm that you are, in any case, 13 years of age or older. If you are not, you must cease use of Deals Magazine.
CONTACTING DEALS MAGAZINE
Deals Magazine contact information is published at http://www.dealsmagazine.com/contact/
Last Updated: March 14, 2012