Dealspoon, Inc. provides its services subject to the Terms of Service which may be updated at any time without notice. Terms or Service can be found at http://asset.dealspoon.com/terms/.
All trademarks, names and logos used on this site or delivered via Dealspoon services are owned by Dealspoon (unless otherwise stated). Your use of these services and site does not allow you to infringe those rights or the rights of the third parties which may exist in material contained in this site. No license is expressly impliedly granted within or as a result of your use of Dealspoon services or this site. Without Dealspoon's prior permission, you agree not to display or use in any manner, the Dealspoon trademarks, names and logo.
The Dealspoon service currently only includes features without charges from Dealspoon. Dealspoon may elect to add premium features at a later date. However, your mobile phone carrier may charge you for usage of text messaging (SMS). The customer is liable for any mobile phone charges incurred (usage, subscription, etc) as a result of using any of Dealspoon services. Please consult your mobile service carrier's pricing plan to determine the charges for sending and receiving text messages.
Some of the information displayed at Dealspoon.com may be user generated content. Dealspoon may or may not pre-screen content, but Dealspoon shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any content that is available via the service. User generated content may contain content that people find objectionable, inappropriate, or offensive. Dealspoon does not assume responsibility for the content presented on Dealspoon.com.
Dealspoon encourages your comments and suggestions regarding the web site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent by you to Dealspoon shall be and remain the exclusive property of Dealspoon. Your submission of any such Comments shall constitute an assignment to Dealspoon of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments. Dealspoon will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You agree not to submit any Comments that may be submitted in violation of law or any agreement or obligation to keep the content of such Comments confidential. Dealspoon expressly disclaims any interest in any Comments that you are not authorized to submit. Of course, any information you submit which personally identifies you will be subject to our Privacy Policy.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Dealspoon has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dealspoon has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://asset.dealspoon.com/privacy/. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Dealspoon and its affiliates.
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Dealspoon of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Dealspoon cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 9.
You acknowledge, consent and agree that Dealspoon may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Dealspoon, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Dealspoon and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
You agree that Dealspoon may, under certain circumstances and without prior notice, immediately terminate your Dealspoon account, any associated created content, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Dealspoon account includes (a) removal of access to all offerings within the Service, including but not limited to Dealspoon.com and dealspoon text messaging services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Dealspoon's sole discretion and that Dealspoon shall not be liable to you or any third party for any termination of your account, any associated messages and Dealspoon, or access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Dealspoon has no control over such sites and resources, you acknowledge and agree that Dealspoon is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. We try to ensure that any information and content on this website that has not been supplied by a third party is accurate, but we make no representation and give no warranty that any information or content is accurate, up to date or complete. You further acknowledge and agree that Dealspoon shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that Dealspoon.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Dealspoon.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Dealspoon.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
You understand and agree that sending unsolicited email advertisements to Dealspoon.com email addresses or through Dealspoon.com computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in Texas. Any unauthorized use of Dealspoon.com computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. ? 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
Dealspoon disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Dealspoon Services results. Dealspoon disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Dealspoon disclaims any responsibility for any harm resulting from information or material through the Dealspoon Services.
THE DEALSPOON SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE DEALSPOON SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. DEALSPOON AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW (i) ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS (ii) ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE DEALSPOON SERVICES (iii) ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE DEALSPOON SERVICES (iv) ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE DEALSPOON SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED BY THE DEALSPOON SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE DEALSPOON SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE DEALSPOON SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR TO YOUR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL DEALSPOON OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE DEALSPOON SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF DEALSPOON OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE DEALSPOON SERVICES, FROM INABILITY TO USE THE DEALSPOON SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE DEALSPOON SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE DEALSPOON SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE DEALSPOON SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE DEALSPOON SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE DEALSPOON SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE DEALSPOON SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE DEALSPOON SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Dealspoon or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Effective Date: 6/23/2009