When you register as a member on PoshOnPennies.com® we will pay you to participate in our third-party advertiser promotions. Our advertisers know that savvy customers want to get paid for their time. It’s that simple! Membership is free and allows you to participate in various online activities, including, but not limited to, accessing our social network section, free interactive games, and a chance to earn cash for; (1) referring members, (2) taking surveys, (3) shopping, (4) entering contests, (4) receiving free samples, and (5) participating in various third- party promotions.
to Your failure to fully comply with any provision of their agreement(s), or any inaccurate, untimely, false or incomplete information provided to POP. If necessary, and in accordance with applicable law, POP will cooperate with local, state and/or federal authorities to protect the Website, any/ all of its visitors and/or members, and our Third-Party Promotional Providers, or to prevent unauthorized use of the Website.
Because this Agreement contains legal obligations, please read them carefully.
Please direct any legal questions to:
Managing Partner POSH ON PENNIES P.O. Box 390742 Mountain View CA 94039
BY USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE
READ AND UNDERSTOOD, AND AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.
3. Participation and Registration
You are required to select a user-name and a password for membership registration. You are solely responsible for securing and maintaining the confidentiality of Your password and all related membership account information. By registering as a Member, You agree to immediately notify POP of any unauthorized use of Your user-name, password, or other membership account information. You also agree to indemnify and hold POP harmless for any improper or illegal use of Your user-name, password, or related membership account information.
You are responsible to keep POP informed about any changes in Your membership or contact information. You may change, update or delete certain information in Your membership file by contacting us. If Your e-mail address is canceled, becomes inactive or inaccessible for an extended period of time, POP may cancel Your membership and delete all or part of Your membership profile. We also reserve the right to cancel Your POP membership, without notice,
Use of the POP Website is subject to compliance with this Agreement. You acknowledge and agree that POP may terminate Your access to the Website should you fail to comply with this Agreement. Any such termination shall be in our sole discretion and may occur without prior notice, or any notice. POP further reserves the right to terminate any Member’s access to the Website or to any of the Third-Party Promotional products and services for any conduct that we, in our sole discretion, believe is or may be directly or indirectly harmful to other users, to POP, or to other third- parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. POP further reserves the right to terminate any Member’s access to the Website or to any of the Third-Party Promotional products and services for any reason or for no reason at all, in POP’s sole discretion, without prior notice, or any notice.
The POP Website contains materials supplied by POP, Third-Party Promotional Providers (“Providers”), as well as other sources. The aforementioned materials are protected by trademarks, service marks, copyrights, and other intellectual property and/or proprietary rights and laws. Except as expressly authorized by POP in writing, You are strictly prohibited from modifying, copying, reproducing, uploading, posting, transmitting, distributing, selling, licensing, renting, publicly displaying, editing, adapting or creating any derivative work of, in any manner, any material (including user-generated material), or design elements obtained from the Website, including software code and software. Notwithstanding the above, You may print or download the aforementioned materials from the Website only for personal, non-commercial use, provided that You do not republish the materials or otherwise violate any intellectual property and/or proprietary rights or notices.
Any use of the Website content, for any purpose not expressly permitted in this Agreement is prohibited. To request such permission, please send a written request to POSH ON PENNIES® at P.O. Box 390742 Mountain View CA 94039; Attn: POP Team or email to: [email protected] PoshOnPennies retains sole discretion to grant or deny such permission.
5. Third-Party Websites
The POP Website may provide links to Third-Party Websites that advertise services which, primarily, promote and market the products and services of others that may be promoting cultural events, restaurants, shopping, and travel via print and electronic media. The Website also may promote the products and services of others by featuring coupons, rebates, price- comparison information, product reviews, and discount information.
POP maintains no control over Third-Party Websites. You acknowledge and agree that POP is not responsible or liable for any content, advertising, goods, services, or other materials on, available through, or provided by Third-Party Websites. Your business dealings with or participation in third-party promotions via Third-Party Websites that You link to through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such business dealings are solely
between You and such Third-Party Websites and/or related third-party promotions. You agree that POP shall not be responsible or liable for any loss or damage, of any kind, incurred as a result of any such business dealings, or as a result of the presence of links to such Third-Party Websites and/or related third-party promotions on the Website.
POP does not sell, resell or license any of the Providers’ products or services available on Third- Party Websites, nor does POP act as an agent, in any respect. POP disclaims any responsibility for, or liability related to, any such products and services. Any questions, complaints or claims related to any product should be directed to the appropriate third-party merchant or seller.
POP does not warrant that product descriptions, pricing, editorial commentary or any other content displayed on Third-Party Websites is accurate, complete, reliable, current or error-free. All such content does not constitute an endorsement by POP of any product, merchant, seller, service, or any reviews or comments thereof regardless of the source of such review or comment. POP assumes no liability for inaccuracy or incompleteness with regard to Third-Party Websites, their editorial content, or other content within.
POP provides links to the sites of Third-Party Websites (third-party merchants and other parties). These links are provided solely as a convenience to You, and do not constitute an endorsement by POP of the content of such Third-Party Websites, nor of the business practices of such other businesses, entities or individuals. POP is not responsible for examining or evaluating, and does not warrant or claim responsibility in any way for, the products, services, offerings or business practices of any of these businesses, entities or individuals or the content of their websites. You should carefully review their privacy statements and other conditions of use.
POP has no control over the business practices of any Provider, nor does it control in any way the quality, safety or legality of any item listed on POP or any business transaction that occurs as a result of products listed on POP. IN THE EVENT OF A DISPUTE BETWEEN YOU AND A Provider (MERCHANT) AVAILABLE ON A THIRD-PARTY WEBSITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE POP, ITS SUBSIDIARIES, AFFILIATES, CO-BRAND PARTNERS OR OTHER THIRD PARTIES UNDER CONTRACT WITH POP, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
If You are a California resident, by using POP Third-Party Websites, you explicitly waive the rights granted to you under California Civil Code 1542, 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.”
7. Member Postings / Interactive Areas
As a general rule, POP does not pre-screen user or third-party content, including discussions, chats, postings, and/or transmissions on the Website bulletin board or chat room, although we reserve the right to do so. POP does not guarantee that any screening will be done to Your satisfaction or that any screening will be done at all. POP reserves the right to monitor some, all, or no areas of the Website for adherence to this Agreement. POP assumes no responsibility or liability arising from any third-party content, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Website. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. POP will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting or transmitting any such information or materials.
8. Prohibited Conduct
You agree that You will not use the POP Website to:
a. Upload, post, e-mail, otherwise transmit, or third-party content, or select any password, user-name, or e-mail address, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
b. Upload, post, e-mail, otherwise transmit, or post links to any content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
c. Upload, post, e-mail, otherwise transmit, or post links to any content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
d. Harm minors in any other way.
e. Make any sexual request on behalf of a minor or make any sexual request of a minor.
f. “Stalk” or otherwise harass another.
g. Collect or store personally identifying information about other users for commercial or unlawful purposes.
h. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
i. Employ misleading e-mail addresses or falsify information in the header, footer, return path, or any part of any communication, including e-mails, transmitted through the Website.
j. Upload, post, e-mail, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships.
k. Upload, post, e-mail, or otherwise transmit, or post links to any content that facilitates hacking.
l. Upload, post, e-mail, otherwise transmit, or post links to any content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any
individual or entity, contributing to inducing or facilitating such infringement.
m. Upload, post, e-mail, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
n. Upload, post, e-mail, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Website.
o. Use automated means, including additional computers, software and scripts, to enhance play in POP’s games and promotions.
p. Conduct Your own contests and promotions.
q. Disrupt the normal flow of dialogue in a chat room.
r. Intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law.
s. Disobey any POP employee or representative or interfere with any action by any POP employee or representative to redress any violation of this Agreement.
You acknowledge and agree that POP shall have the right (but not the obligation), in its sole discretion, to refuse to publish, remove, or block access to any content that is available via the Website at any time, for any reason, or for no reason at all, with or without notice. Without limitation, POP shall have the right (but not the obligation), in its sole discretion, to refuse to publish, remove, or block access to any content that violates this Agreement or is otherwise objectionable as determined by POP, in its sole discretion. POP may also terminate access to the Website, or POP membership, for violating this Agreement. You acknowledge and agree that You must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, You acknowledge that You may not rely on any content created by or obtained through the use of the Website, including without limitation, information posted on message boards.
You expressly acknowledge and agree that POP may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of POP, its affiliated companies, principals, members, partners, Members, and the public. You acknowledge and agree that the technical processing and transmission of the Website, including Personal Information and/or content which You may provide, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by POP with regard to our Members may be
POP may suspend or terminate any Member account for any because of Member inactivity.
10. Disclaimer of Warranties
THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, POSH ON PENNIES® DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, POSH ON PENNIES® DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. POSH ON PENNIES® SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT POSH ON PENNIES® DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. POSH ON PENNIES® DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. POSH ON PENNIES® DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT
LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. POSH ON PENNIES® MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY POSH ON PENNIES®.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
11. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL POSH ON PENNIES® OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF POSH ON PENNIES® 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 PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-
PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO POSH ON PENNIES®. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT STORED THROUGHOUT THE POSH ON PENNIES® WEBSITE.
UNDER NO CIRCUMSTANCES SHALL POSH ON PENNIES® 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.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
12. No License — Intellectual Property of POP and Others
Except as expressly provided, nothing within the POP Website shall be construed as conferring any license under any of POP’s or any third-party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, You acknowledge and agree that all content available through and used to operate the Website is protected by copyright, trademark, patent, and/or other proprietary rights of POP and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, You agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by POP in connection with the Website. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by POP, any of POP’s affiliates, or any of POP’s service providers. You agree not to use any of the trademarks or service marks or other content accessible through the Website for any purpose other than the purpose for which
such content is made available to users by POP. You agree not to defame or disparage POP, the trademarks or service marks of POP, or any aspect of the Website. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Website or any software or programs used in connection therewith.
13. Indemnity and Release
By using the POP Website You agree to indemnify POP and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from Your use of the POP Website or the use of Third-Party Websites. By using the Website, using the products, services, or Third-Party Websites, or submitting any ideas and/or related materials to POP, You are hereby agreeing to release POP and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known, suspected or unsuspected, disclosed or undisclosed, that You may have against them arising out of or in any way related to such disputes and/or to the Website and related products and services, or to any disputes regarding use of ideas and/or related materials submitted to Posh On Pennies®. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, AND AS INDICATED PREVIOUSLY, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES
“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 IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
14. Limitation of Actions
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action You may have arising out of, or relating to, Your use of the Website must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
15. Copyright and Trademark Notices
Copyright © 2010 POSH ON PENNIES®
The following trademarks and service marks are owned by Posh On Pennies, and its related company: POSH ON PENNIES®. All other marks that appear throughout the products and services belong to POP, or the respective owners of such marks, and are protected by U.S. and international law. Any use of any of the marks appearing throughout POP’s Website and related products and services, without the express written consent of POP or the owner of the
mark, as appropriate, is strictly prohibited.
16. Claims of Copyright Infringement
If You believe in good faith that someone has wrongfully filed a notice of copyright infringement against You, the U.S. Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. Section 512, permits You to send POP a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA. Notices and counter-notices should be sent to:
Registered Copyright Agent
POSH ON PENNIES
P.O. Box 390742 Mountain View CA 94039
E-mail: [email protected]
17. Arbitration, Governing Law and Forum for Disputes
18. Changes in Products and Services
POP reserves the right to modify the Website and the related products and services from time-to- time, for any reason, and without notice, including the right to terminate the Website and related products and services.
20. Non-Waiver and Separability
21. Relationship of Parties
22. No Resale, Assignment, or Sublicensing
23. Successor and Assigns
24. Termination and Survival
25. Communications With Users
26. Submissions of Ideas
27. Security Measures
29. Health Disclaimer
Any statements on this Website regarding food, beverages, health, medical or physical conditions have not been evaluated by the Food and Drug Administration. The products and/or services offered on the Website are not intended to diagnose, treat, cure or prevent any disease. If you are pregnant, nursing, taking medication, or have any medical condition, we suggest consulting with a physician before using any of the products or services referenced or described herein.
© 2010 Copyright Posh On Pennies®