Terms of service

SOCIAL VOUCHER TERMS OF SERVICE

LAST UPDATED: NOVEMBER 2016

IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS OR RELATING TO SOCIAL VOUCHER SERVICES GENERALLY MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS ONLY. 

Please read these Terms of Service and our Privacy Policy carefully before using any of the SOCIAL VOUCHER Services. These terms represent a legal agreement between you and Social Voucher.com, Inc., a Florida corporation. Whenever you use the Services, you agree to be bound by all of the terms and conditions of these Terms of Service and our Privacy Policy. If you don’t agree to all the terms and conditions, or any future updated version of them, you must not use our Services.

References to “SOCIAL VOUCHER,” “Our,” “Us,” or “We,” means SOCIAL VOUCHER.COM, INC. located at 1499 West Palmetto Park Road, Suite 418, Boca Raton, Florida 33486. In addition, in all cases, “SOCIAL VOUCHER,” “Us,” or “We” includes agents, consultants, employees, officers, directors and affiliates.

In addition to the Terms set forth hereunder, you shall also be subject to the following additional policies: Privacy Policy, Sales Terms, Community Rules and Feature Terms as enacted by Social Voucher and Affiliated Vendors from time to time.

1. DEFINITIONS

Account” means an account you create when you access the Services.

Affiliated Vendor¨ means a vendor that offers Authorized Products for sale through the services. Solely for clarification purposes, Social Voucher is not an Affiliated Vendor.

Authorized Product” means any product that: (i) is pre-cleared and made available by SOCIAL VOUCHER to Merchants on STOCKET; and (ii) may be featured in a Merchant’s Virtual Store; and, in addition, (iii) may be purchased by Users through the Services.

Feature Terms” means any other rules, which may be found within the Services, or rules related to specific services like platforms and APIs, applications for mobile devices, forums, contests, subscriptions or loyalty programs that We may publish, which apply to your use of those specific services and state they are part of these Terms.

Merchant” means any User that establishes a Virtual Store on STOCKET. Solely for clarification purposes, a User may be both a Merchant and Player.

Player” refers to any User who engages the various Services provisioned by SOCIAL VOUCHER via STOCKET, including without limitation, the ability to visit and purchase Authorized Products in any of the Virtual Stores situated on STOCKET.

Offers” means special programs, including offers, which SOCIAL VOUCHER may offer from time to time to certain eligible Users.

Sales Terms” means rules relating to purchases in these Terms or any other rules related to the purchase of Authorized Products, including rules imposed by Affiliated Vendors.

Services” means all tools, features, products, games, services, content, selling/purchasing functionality that is offered by Us on the Social Voucher domain, in the game STOCKET, or on any of the other domains owned, supplied and/or managed by SOCIAL VOUCHER, whether on the mobile Web or the traditional Web, that is branded and featured as an extension of SOCIAL VOUCHER. The term Services shall include any part thereof.

STOCKET” means SOCIAL VOUCHER’s proprietary gaming/e-commerce platform and engine, including the Stocket domain, through which Users will access the Services contemplated hereunder.

Terms of Service” or “Terms” means these terms of service, as amended and updated from time to time.

User” means any authorized user of the Services.

User Content” means all the data that you, or other Users, upload or transmit to Us via the Services.

Virtual Items” means: (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Services; and (b) virtual in-game items.

Virtual Store” means a page(s) developed by a user on STOCKET that features one or more Authorized Products for viewing and purchase by Users via the Services.

2. CHANGES TO THESE TERMS

(a) We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms, Sales Terms, Community Rules (below), Feature Terms, and Privacy Policy at any time by posting the amended Terms, Sales Terms, Community Rules (below), Feature Terms, or Privacy Policy on our sites or within the Services, such as through in-game platform notices. We may provide additional notice, such as an e-mail message or messaging within the Services, of any material changes. Unless We state otherwise, changes are effective when posted. If you continue to use the Services after the changes are posted, you agree to the changes. New versions of the Terms and the Privacy Policy and any other policies, codes or rules will be accessible at www.SOCIAL VOUCHER.com or from within the Services.

(b) If you have a dispute with SOCIAL VOUCHER, the version of the Terms and the Privacy Policy in effect at the time SOCIAL VOUCHER received actual notice of the dispute will apply to such dispute. However, if you keep using the Service after the changes are posted, you are agreeing that the changes apply to your continued use of the Services.

(c) You can’t make changes to the Terms, Community Rules, Sales Terms, Feature Terms or Privacy Policy unless both you and SOCIAL VOUCHER sign a written amendment.

(d) If the Terms or the Privacy Policy have provisions that conflict with other SOCIAL VOUCHER terms or policies, the provisions in these Terms and the Privacy Policy supersede and control.

3. ACCOUNT INFORMATION AND SECURITY

(a) In order to use our Services, We may ask you to create an Account and select a password and/or provide Us with certain personal information, which may include your name, birth date, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with SOCIAL VOUCHER’s Privacy Policy.

(b) You agree to supply SOCIAL VOUCHER with accurate, complete, and updated information, including your email address.

(c) You are responsible for maintaining the security of your Account. Don’t share your Account details with others or allow others to access or use your Account. You are solely responsible for any activity in your Account whether or not authorized by you, including purchases made using any payment instrument, for example, credit card, PayPal or social network or platform virtual currency. Tell Us immediately of any actual or suspected loss, theft, fraud, or unauthorized use of your Account or Account password.

(d) If you fail to maintain the security of your Account, or if you share your Account security information with someone else, whether intentionally or unintentionally, you accept full responsibility for the consequences and agree to fully compensate Us for any losses or harm that may result.

4. PRIVACY

SOCIAL VOUCHER’s Privacy Policy tells you how We collect and use information about you and your computer or mobile device, and how you can use the Services to share such information with others. You understand that through your use of Our Services you acknowledge the collection, use and sharing of this information as described in SOCIAL VOUCHER’s Privacy Policy. If you don’t agree with the Privacy Policy, then you must stop using our Services. We encourage you to read the SOCIAL VOUCHER Privacy Policy carefully and use it to make informed decisions.

5. USING OUR SERVICES

(a) Who can use our Services:  There are some limits on who can use our Services.

You may not use our Services if:

  • You cannot enter into a binding contract with SOCIAL VOUCHER;

  • You are under 16 years of age, in which case you must not: create an Account, use any part of the Services, or submit personal information through the Services to SOCIAL VOUCHER, for example, name, address, telephone number, email address;

  • You are not allowed to receive products, including services or software, from the United States, for example if you are located in a country embargoed by the United States, or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders.;

  • You have previously been banned from using STOCKET and/or any other SOCIAL VOUCHER property or Services in any manner.

(b) Additional Important Rules and Terms: If you use our Services, you must follow these Terms as well as the SOCIAL VOUCHER Community Rules (below), Sales Terms and all other Feature Terms that may apply. Please read them. If you access the Services from a social network or download the Services from another platform, such as Apple or Google, you must also comply with its/their terms of service/use as well as these Terms. You must comply with the laws that apply to you in the location from which you access our Services.

(c) Accessing our Services:

To access Social Voucher or create an Account with Us, you may need an account with a social network, like Facebook, and, if you are using our mobile Service, an account with the company that provides your mobile applications, like an iTunes account. You may need to update third party software from time to time to receive the Services and use all of the tools, features and functionality made available by SOCIAL VOUCHER. We provide the Services. You provide the equipment (computer, phone, tablet, etc.) and pay any fees to connect to the Internet and app stores, or for data or cellular usage to download and use the Services.

(d) Service Changes and Limitations:

The Services are evolving and We may require that you accept updates to the Services as well as to the Terms, Feature TermsCommunity Rules, and the SOCIAL VOUCHER Privacy Policy. From time to time we may make you update your software to continue to use Our Services. We may perform these updates remotely, including to SOCIAL VOUCHER software residing on your computer or mobile device, without notifying you. SOCIAL VOUCHER reserves the right to stop offering and/or supporting the Services at any time either permanently or temporarily, at which point your license to use the Services or any part of it will be automatically terminated or suspended. If that happens, SOCIAL VOUCHER is not required to provide refunds, benefits or other compensation to players in connection with discontinued elements of the Services or for Virtual Items previously earned or purchased. SOCIAL VOUCHER MAY, FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU, IN ITS SOLE DISCRETION LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICES OR ANY PORTION THEREOF, AND PROHIBIT ACCESS TO OUR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE CONTENT, AND SOCIAL VOUCHER IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

(e) Deleting your Account:

You may stop using the Services at any time. Unless the local law where you are located requires otherwise, We are not required to provide refunds, benefits or other compensation if you request the deletion of your Account. If you delete your Account, or if we delete your Account, you may lose access to any data previously associated with your Account.

(f) Displaying your Personal Information in STOCKET:

By accessing our Services, you agree to your display name, scores, and other related details being displayed in STOCKET and being available to other Players. You understand and agree that other Users may find you by searching for you.

6. OWNERSHIP; LIMITED LICENSE

(a) The Services are comprised of works owned by SOCIAL VOUCHER, and they are protected by copyright, trademark, trade dress, patent and other US and non-US intellectual property and other applicable laws, rules or regulations. SOCIAL VOUCHER owns, has licensed, or otherwise has rights to use all of the content that appears in the Services. These Terms do not grant you or any other User any right, title or interest in the Services or any content in the Services.

(b) So long as you abide by these Terms and any other rules referenced herein, SOCIAL VOUCHER grants you a non-exclusive, non-transferable, revocable limited license, subject to the limitations in these Terms, to access and use the Services using a SOCIAL VOUCHER supported web browser or mobile device solely for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.

(c) If you violate these Terms, or any of Our other terms that apply to you, We may take action against you, up to and including permanently suspending your Account. In addition, you may be breaking the law, including violations of SOCIAL VOUCHER’s intellectual property rights. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF STOCKET IS A VIOLATION OF SOCIAL VOUCHER’S POLICIES AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

(d) Notwithstanding anything herein (and/or in any of our other terms) to the contrary, you do not own the Account that you create and your Account is not your property. This also applies to other materials, items and credits, Virtual Items and Authorized Products, regardless of whether you “earned” any of those Virtual Items by using the Services or “purchased” them. Your Account and any related items are owned by SOCIAL VOUCHER. SOCIAL VOUCHER gives you a limited license to use your Account and the related items while We offer the Services.

(e) WE RESERVE THE RIGHT TO DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS. IN ADDITION, IF YOU WANT US TO DELETE YOUR ACCOUNT, YOU CAN CONTACT US AT  http://stocket.com/contact MAKE THAT REQUEST.

(f) You are not allowed to transfer Virtual Items outside of the Services (i.e., in the “real world”), for example by selling, gifting, or trading them. We won’t recognize those transfers as legitimate. You are not allowed to sublicense, trade, sell or attempt to sell Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of the game platform. Any such transfer or attempted transfer is prohibited and void, and We may terminate your Account because of it.

(g) If you transmit or upload User Content via the Services, you agree that it will be:

  1. accurate;

  2. not confidential;

  3. not in violation of law;

  4. not in violation of contractual restrictions or other parties’ rights, and that you have permission from any other party whose personal or other information or intellectual property is contained within the User Content;

  5. free of viruses, adware, spyware, worms or other malicious code;

  6. in compliance with the SOCIAL VOUCHER Community Rules (below).

Your User Content will be processed by SOCIAL VOUCHER in accordance with SOCIAL VOUCHER’s Privacy Policy. You own your User Content, but you give SOCIAL VOUCHER a perpetual and irrevocable, other than as provided below, worldwide, fully paid-up and royalty free, non-exclusive, license to use your User Content and any modified and derivative works thereof in connection with the Services, including in marketing and promotions. To the extent allowed by applicable laws, you waive any moral rights you may have in any User Content, for example, the right to be identified as the author of the User Content or the right to object to a certain use of that User Content. SOCIAL VOUCHER’s license to your User Content ends when you request deletion of your User Content by submitting a request at  http://stocket.com/contact stating that you no longer want SOCIAL VOUCHER to use your User Content, with the following exceptions:

  1. User Content submitted in response to SOCIAL VOUCHER promotions, which will be subject to the terms of the promotion;

  2. User Content either shared with others which they have not deleted or already used publicly as allowed under these Terms; and

  3. User Content subject to a separate license with SOCIAL VOUCHER, which will be subject to the terms of such license.

If you request deletion of your User Content, We will take reasonable steps to remove your User Content from active use, which may include suppression of your User Content in our systems. However, User Content may persist in our systems, including back-up copies. We may also retain copies of User Content if we are legally required to do so.

(h) When you post your observations and comments on the Services such as in forums, blogs and chat features, We cannot guarantee that other Users will not use the ideas and information that you share. If you have an idea or information that you would like to keep confidential and/or don’t want others to use, don’t post it. SOCIAL VOUCHER IS NOT RESPONSIBLE FOR ANY OTHER PERSON’S USE OR APPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS. We do not control User Content posted on our Services by others, and therefore, we are not responsible for it. We will not be liable to you for any User Content from any source.

(i) You, not Social Voucher, are entirely responsible for all User Content that you may upload, communicate, transmit or otherwise make available via Social Voucher’s Services.

7. MONITORING USE OF SERVICE AND USER CONTENT

(a) We have no obligation to monitor User Content and We are not responsible for monitoring the Services for inappropriate or illegal User Content or conduct by other Users. That said, We have the right, in our sole discretion, to edit, refuse to post, or remove any User Content.

(b) We may also, at our discretion, choose to monitor and/or record your interaction with the Services or your communications with SOCIAL VOUCHER or other Users (including without limitation chat text and voice communications) when you are using the Services.

(c) We are not responsible for information, materials, products or services provided by other Users, for instance, in their profiles or in their Virtual Stores. However, if someone is violating these Terms or misusing the Services, please let Us know by emailing us at  http://stocket.com/contact.

8. YOUR DEALINGS WITH OTHER USERS

(a) You are responsible for your interactions with other Users. If you have a problem with another User including, without limitation, in the case of a disputes with a Merchant or a dispute with an Affiliated Vendor, We are not required to get involved.

(b) If you have a dispute with another User, you release SOCIAL VOUCHER and its officers, directors, agents, subsidiaries, joint ventures, and employees, and all SOCIAL VOUCHER Affiliates from responsibility, claims, demands and/or damages, actual or consequential, of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes damages for loss of profits, goodwill, use or data.

(c) If you live in California, you waive California Civil Code §1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”

9. PURCHASES; BILLING SUPPORT

(a) Among the Services We provide, Users have the ability to make purchases of Authorized Products. You will be required to use “real world” money to make purchases of Authorized Products.

(b) The terms and conditions that govern a User’s purchases of Authorized Products, including return, exchange and shipping policies, are set forth in these Terms and by Affiliated Vendors.

(c) The Sales Terms for Authorized Products may include terms and conditions outside Social Voucher’s control. These terms may include how you can pay for the Authorized Products, or how or whether, refunds may be issued to you.

(d) You may obtain a limited license to use Virtual Items by complying with the requirements set forth in the Terms. You may use Social Voucher virtual currency or “real world” money, as set forth in the Terms, to acquire the rights to use Virtual Items. Once acquired, Virtual Items have no monetary value. You may purchase Virtual Items only from Us through our Services.

(e) You agree to pay all fees and applicable taxes incurred by you, or anyone else, using an Account registered to you. All sales by Us to you of Virtual Items are final and We will make no refund relating to such a transaction. We reserve the right to control, regulate, change or remove any Virtual Items without any liability to you.

(f) We may revise, in our sole discretion, the pricing for Virtual Items offered through the Services at any time. We may limit the total amount of Virtual Items that may be purchased at any time, and/or limit the total amount of Virtual Items that may be held in your Account. If We suspend or terminate your Account in accordance with these Terms, you will lose any Virtual Items that you may have, and We will not compensate you for this loss.

(g) If We are not able to identify your personal information from the device with which you access our Services, We may not be able to restore any purchases of Virtual Items connected to your Account.

(h) Although the Services may be accessed from countries other than the United States, the Services may contain products or references to products that are not available outside the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use the Services outside the United States, you are responsible for complying with your local laws and regulations.

(i) For billing support or other customer assistance, please go to http://stocket.com/contact/.

10. PROMOTIONS AND OFFERS

From time to time, We may offer limited time promotions.  Please review the official rules, if any, associated with the promotion. They will apply in addition to these Terms.

In addition, from time to time, We may promote Offers.  We are not required to give, and players are not required to accept, any Offer. Offers are not transferable, redeemable or exchangeable for other things of value, except at our sole discretion.  If you accept any Offer, you may have to sign a declaration of eligibility and liability release, or sign other paperwork in order to get the Offer.  Some Offers will be subject to taxes and other charges, travel, or activities outside of the virtual world, all of which will be disclosed before You accept the offer.  If you accept an Offer you also assume all liability associated with the Offer.

11. THIRD PARTY ADVERTISING

Our Services may feature advertisements from Us or other companies.  Our Privacy Policy explains what information We share with advertisers. Please read it. Sometimes We provide links on STOCKET to other companies’ websites or to companies who invite you to participate in a promotional offer and offer you some feature of the Services or upgrade, such as in-game platform Virtual Items, in exchange. Any charges or obligations you take on in dealing with these other companies are your responsibility. We make no representation or promises about any content, goods or services these other companies provide, even if linked to or from Our Services. Also, just because We allow a link to be included in the Services does not mean We endorse that linked site. We are not liable for any claim relating to any content, goods and/or services of third parties.

Please also note that the linked sites are not under our control and may collect data or ask you to provide them with your personal or other information, or they may automatically collect information from you. When you use other companies’ services like these, the other company’s service may, or may not, ask you for permission to access your information and content. We are not responsible for these other companies’ content, business practices or privacy policies, or for how they collect, use or share the information they get from you. Your relationship with that other company will control how it can use, store, and share your information.

12. COPYRIGHT NOTICES/COMPLAINTS

(a) We respect the intellectual property rights of others and ask that you do as well. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”) and similar or equivalent local laws that may apply. We reserve the right to terminate any User’s access to the Services if We determine that the User is a “repeat infringer.” We do not have to notify the User before We do this. We also accommodate, and do not interfere with, standard technical measures copyright owners use to protect their materials.

(b) The Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet If you believe that your copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without your authorization and is available on the Services in a way that may constitute copyright infringement, you may provide notice of your claim to Social Voucher’s Designated Agent listed below. For your notice to be effective, it must include the following information:

  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. A description of the copyrighted work that you claim has been infringed upon;

  3. A description of where the material that you claim is infringing is located;

  4. Information reasonably sufficient to permit Social Voucher to contact you, such as an address, telephone number, and, if available, an e-mail address at which you may be contacted;

  5. A statement by you that you have a good-faith belief that the disputed use 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.

Social Voucher’s Designated Agent is: Gerald C. Parker, Chief Executive Officer

1499 West Palmetto Park Road

Suite 418

Boca Raton, Florida 33486

Phone: (561) 826-4102

Email: legal@socialvoucher.com

If your User Content or other information has been affected by reason of a notification under the DMCA, you may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. You will be liable for damages, including costs and attorneys’ fees, if you materially misrepresent that your User Content or your activity is not infringing the copyrights of others. When we receive a counter-notification, we may reinstate the material in question.

To file a counter-notification with us, you must provide us with a written communication sent to Social Voucher’s Designated Agent identified above that sets forth the following items:

  1. An identification of the URLs or other unique identifying information of material that Social Voucher has removed or to which Social Voucher has disabled access;

  2. Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or Palm Beach County, Florida if your address is outside of the United States, and that you will accept service of process from the person who provided notification under the DMCA or an agent of such person;

  3. A statement, under penalty of perjury, that you have a good faith belief that content at issue was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

  4. Your physical or electronic signature.

13. WARRANTY DISCLAIMER; SERVICES AVAILABLE ON AN “AS IS” BASIS

(a) Neither SOCIAL VOUCHER nor any SOCIAL VOUCHER affiliate makes any promise or guarantee that the Service will be uninterrupted or error-free.

(b) USE OF STOCKET AND THE SERVICES IS AT YOUR SOLE RISK. IT IS PROVIDED ON AN “AS IS” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SOCIAL VOUCHER AND ANY SOCIAL VOUCHER AFFILIATE MAKE NO WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. SOCIAL VOUCHER AND ANY SOCIAL VOUCHER AFFILIATE DISCLAIM ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT OR FITNESS FOR A PARTICULAR PURPOSE.

(c) If your state or country does not allow these disclaimers, they do not apply to you. If your state or country requires a certain period for which a warranty applies, it will be either the shorter of 30 days from your first use of the Services or the shortest period required by law.

14. LIMITATIONS; WAIVERS OF LIABILITY

(a) YOU ACKNOWLEDGE THAT THE WE AND SOCIAL VOUCHER AFFILIATES ARE NOT LIABLE: (1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES; OR (2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES.

(b) THE RISK OF USING STOCKET, THE SERVICES AND ANY EXTERNAL SITES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICES AND EXTERNAL SITES.

(c) TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT, INCLUDING NEGLIGENCE.

(d) TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF SOCIAL VOUCHER AND/OR THE SOCIAL VOUCHER AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID SOCIAL VOUCHER AND/OR THE SOCIAL VOUCHER AFFILIATE IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. IF YOU HAVE NOT PAID SOCIAL VOUCHER OR ANY SOCIAL VOUCHER AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SOCIAL VOUCHER AND/OR ANY SOCIAL VOUCHER AFFILIATE IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.

15. INDEMNITY

If you use or misuse the Services, or if you violate these Terms or any other applicable rules, and that results in loss or damage or in a claim or liability against SOCIAL VOUCHER or any SOCIAL VOUCHER Affiliate, you agree to indemnify, defend and hold harmless SOCIAL VOUCHER and/or the SOCIAL VOUCHER Affiliate. That means you agree to compensate SOCIAL VOUCHER and/or the SOCIAL VOUCHER Affiliate on a “dollar for dollar” basis for that loss, damage, claim or liability, including compensating SOCIAL VOUCHER and/or the applicable SOCIAL VOUCHER Affiliate for our legal fees or expenses. If SOCIAL VOUCHER or the SOCIAL VOUCHER Affiliate choses to, We are allowed to take exclusive charge of the defense of any case on which you are required to compensate or reimburse Us, and it will be at your expense. You also have to cooperate in SOCIAL VOUCHER’s and/or the SOCIAL VOUCHER Affiliate’s defense of these cases. SOCIAL VOUCHER and/or the SOCIAL VOUCHER Affiliate will use reasonable efforts to let you know if they learn of any claim on which you have to compensate or reimburse them. This will apply even if you stop using the Services or your Account is deleted.

16. AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER

(a) Before bringing a formal legal case, please try contacting our Customer Support team at  http://stocket.com/contact. Most disputes can be resolved that way.

(b) If We can’t resolve our dispute through Our Customer Support, you and SOCIAL VOUCHER agree to resolve any claims relating to the Terms, the Privacy Policy and all other policies contained/referenced herein through final and binding arbitrationThis applies to all kinds of claims under any legal theory. It also applies even after you stopped using your SOCIAL VOUCHER Account or deleted it.

(c) An arbitration proceeding shall be brought before a neutral arbitrator instead of a judge and jury, so you and We are giving up our right to a trial before a judge and jury. If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, you and We agree that the arbitrator will decide that, too.

(d) The provisions of Section 16(c) notwithstanding, you and We agree that we will go to court to resolve disputes relating to:

  1. Your and/Our intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights or patents); or

  2. your violation of the Community Rules (below).

(e) In addition, if you or SOCIAL VOUCHER brings a claim in court that should be arbitrated, or either you or We refuse to arbitrate a claim that should be arbitrated, the other can ask a court to force us to go to arbitration to resolve the claim, i.e., compel arbitration.

(f) We agree that each of you or We can only bring a claim against the other on an individual basis. Accordingly, neither you nor SOCIAL VOUCHER can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.

(g) The American Arbitration Association (“AAA”) will run the arbitration between you and SOCIAL VOUCHER, and AAA’s rules and procedures, including their Supplementary Procedures for Consumer-Related Disputes, if applicable, will be used. If something in these Terms is different than AAA’s rules and procedures, then you and We will follow these Terms instead. Unless both of us shall agree otherwise in writing, all arbitrations arising under this agreement shall exclusively take place in Palm Beach County, Florida.

17. APPLICABLE LAW

The Federal Arbitration Act, including its procedural provisions, is the law that will be applied to determine whether Section 16, i.e., Agreement to Arbitrate and Class Action Waiver, can be enforced and how it should be interpreted. Apart from that, these Terms and our relationship will be governed by Florida law, excluding its conflicts of laws principles, and venue shall lie solely in the Federal or State Courts of Palm Beach County, Florida.

18. SEVERABILITY

Except as described in Section 16, if any part of these Terms, Feature Terms, Sales Terms, Community Rules (below)or the Privacy Policy is not enforceable, the rest of these Terms, Feature Terms, Community Rules (below) and the Privacy Policy still applies and is binding, and any unenforceable term will be substituted reflecting our intent as closely as possible.

19. ASSIGNMENT

We may assign our rights and obligations hereunder and in our Privacy Policy to any person or entity at any time with or without your consent. You, however, may not assign your rights or obligations hereunder without first receiving SOCIAL VOUCHER’s written consent, and any attempt to do so without our consent is void.

20. ENTIRE AGREEMENT

These Terms, and any other policies or rules We reference in these Terms, make up the entire agreement between you and Us relating to the subject matter of these Terms, and supersede all prior understandings of the parties relating to the subject matter of these Terms, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Us.

21. LANGUAGE OF THE TERMS

If We provide a translated version of these Terms, Feature Terms, Sales Terms, the Community Rules (below), the Privacy Policy, or any other terms or policy, it is for informational purposes only. If the translated version means something different than the English version, then the English meaning will be the one that applies.

22. NO WAIVER

If We do not enforce a provision of these Terms or any others referenced hereunder, that does not waive our right to do so later. And, if We do expressly waive a provision of any of the foregoing, that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by both you and Us to be legally binding.

23. NOTICES

We may notify you by posting something on www.SOCIAL VOUCHER.com, and/or by sending you an e-mail or using other ways of communicating with you based on the contact information you provide to us.

24. EQUITABLE REMEDIES

You agree that given the unique and irreplaceable nature of the rights granted and obligations made under these Terms, if you breach these Terms or any other policies referenced hereunder, money damages alone will not be enough to repair the harm to SOCIAL VOUCHER. Therefore, for disputes that are not required to be resolved through arbitration as described in Section 16, SOCIAL VOUCHER may seek injunctive or other equitable relief, e.g., get a court order to make you stop doing whatever you’re doing that is causing harm, if you breach or intend to breach these Terms, Feature Terms, Sales Terms, Community Rules (below) or our Privacy Policy and SOCIAL VOUCHER does not have to post any bond or surety or submit proof of damages. You, however, agree to limit your claims to claims for money damages, as limited by Section 14 (Limitations; Waivers of Liability). And, you agree not to seek injunctive or equitable relief or otherwise seek to stop Us from operating any aspect of the Services.

25. FORCE MAJEURE

We are not liable for any changes or problems out of our control, for example changes or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

COMMUNITY RULES

These policies and rules govern use of the Social Voucher Services and are incorporated into the Social Voucher Terms of Service. If there is any conflict between these rules and the Terms of Service, the Terms of Service will prevail. The terms that are capitalized in these Rules and defined in the Terms of Service, shall have the meaning provided in that document. If you violate these Rules, We may take action against You or your Account, including immediate termination of the Account.

1. Follow the Law, the Social Voucher Terms of Service, Feature Terms, Sales Terms, and these Rules.

You agree you will not, under any circumstances:

  1. Use the Services, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation; or

  2. Engage in any act that Social Voucher deems in its sole discretion to be in conflict with the spirit or intent of the Services.

2. Account Creation and Use. The following rules govern the creation and use of your Account:

  1. You must not have more than one Account on STOCKET, and must not create an Account using a false identity or information, or on behalf of someone other than yourself;

  2. You must not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account, or any Virtual Items associated with your Account, to anyone without Social Voucher’s written permission; any such transfer or attempted transfer is prohibited and void; and

  3. You must not access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Social Voucher’s permission.

3. Collection and Publication of Personal Information.

You agree that you will not, under any circumstances:

  1. Try to get login information or access an account belonging to other Users.

  2. Collect or harvest other Users’ Content or information

  3. Upload or transmit or attempt to upload or transmit, without Social Voucher’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices or technologies, sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”.

4. Offensive or Infringing Content.

You agree that you will not, under any circumstances:

  1. Post any content that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, otherwise objectionable or offensive; or violates any applicable law or regulation.

  2. Post any content that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;

  3. Harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including without limitation Social Voucher employees and customer service representatives; or

  4. Post content that infringes or violates some else’s rights or otherwise violates the law.

  5. Impersonate any other person, including without limitation, a Social Voucher employee.

5. Commercial Activity.

You agree that you will not, under any circumstances:

  1. Use the Service for any unauthorized commercial purpose, including but not limited to (1) communicating or facilitating any commercial advertisement or solicitation, such as chain letters, junk e-mail or repetitive messages (spim and spam), or (2) gathering or transferring Virtual Items and/or Authorized Products for sale;

6. Unauthorized Use of or Connection to the Service.

You agree that you will not, under any circumstances:

  1. Use or design cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party or other software designed to modify or interfere with the Services or any Social Voucher STOCKET experience;

  2. Institute (Execute), assist, encourage, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the service, or other attempts to disrupt the Services or any other person’s use or enjoyment of the Services;

  3. Try to gain unauthorized access to the Services by any means other than the user interface provided by Social Voucher, including but not limited to, by circumventing or modifying or causing to be modified, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, files, or software that is part of the Service;

  4. Use, facilitate, create, or maintain any unauthorized connection to the Services, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Services; or (2) any connection using programs, tools, or software not expressly approved by Social Voucher;

  5. Use any unauthorized third party or other software that accesses, intercepts, “mines”, or otherwise collects information from or through the Services;

  6. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server, or the Services, whether through the use of a network analyzer, packet sniffer or any other tools;

  7. Make any automated use of the Services, or take any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;

  8. Bypass any robot exclusion headers or other measures We employ to restrict access to the Service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;

  9. Interfere or try to interfere with the proper functioning of the Services, or connect to or use the Services in any way not expressly permitted by the Terms of Service or Feature Terms,  including disrupting, overburdening, or assisting in or encouraging the disruption or overburdening of (1)any Server; or (2) the enjoyment of the Services by any other person;

  10. Make improper use of Social Voucher’s support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel;

  11. Except where permitted by law or relevant open source licenses, modify, reverse engineer, decompile, disassemble, decipher or otherwise try to derive the source code from us, or to obtain any information from the Services using any method not expressly permitted by Social Voucher; or

  12. Copy, modify or distribute content from STOCKET, or Social Voucher’s copyrights or trademarks or use any method to copy or distribute the content of the Services except as specifically authorized by Social Voucher.