GiveMeSomething.com Terms of Service
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Acceptance
of Terms
GiveMeSomething.com is a website owned and
operated by SureSeen LLC.
For the purposes of this TOS GiveMeSomething.com and
SureSeen LLC. are interchangeable.
GiveMeSomething.com and SureSeen LLC. provide
the GiveMeSomething.com website to you subject to the
following Terms of Service ("TOS"), which may be
updated by us from time to time without notice to you. You can
review the most current version of the TOS at any time at: http://www.GiveMeSomething.com/termsofuse.html.
By accessing and using the GiveMeSomething.com Services, you
accept and agree to be bound by the terms and provision of the
TOS. In addition, when using particular SureSeen LLC. owned or
operated services, you shall be subject to any posted
guidelines or rules applicable to such services, which may be
posted and modified from time to time. All such guidelines or
rules (including but not limited to our Anti-Spam
Policy) are hereby incorporated by reference into the TOS.
We may also offer other services that are governed by
different Terms of Service.
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Description
of GiveMeSomething.com Services
GiveMeSomething.com provides members with access to a set of
tools that allow them to select who they receive special
promotions and offers from.
Members are in control and may unsubscribe from
receiving offers at any time they wish.
You also understand and agree that the SureSeen LLC. may
include advertisements and that these advertisements are
necessary for us to provide our Services. You also understand
and agree that the our Services may include certain
communications from us, such as service announcements, and
administrative messages, and that these communications are
considered part of your membership and you will not be able to
opt out of receiving them. Unless explicitly stated otherwise,
any new features that augment or enhance the current Services,
including the release of new properties, shall be subject to
the TOS. You understand and agree that the Services are
provided "AS-IS" and that SureSeen LLC. assumes no
responsibility for the timeliness, deletion, mis-delivery or
failure to store any member communications or personalization
settings. You are responsible for obtaining access to the
Services, and that access may involve third-party fees (such
as Internet service provider, airtime charges, or text message
charges). You are responsible for those fees, including those
fees associated with the display or delivery of
advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the
GiveMeSomething.com Services.
You understand that the technical processing and transmission
of the Services, 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.
Please be aware that SureSeen LLC. has created certain areas
on the our Services that may contain adult or mature content.
You must be at least 18 years of age to access and view such
areas.
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Privacy
Policy Acknowledgement
We take your privacy very seriously, as such we
have created a privacy policy for your review at http://www.GiveMeSomething.com/privacypolicy.html.
You understand that through your use of our Services
you consent to the collection and use (as set forth in the 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 SureSeen LLC. and its
affiliates.
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Your
Registration Obligations
In consideration of your use of the
GiveMeSomething.com Services, you represent that you are of
legal age to form a binding contract and are not a person
barred from receiving the our 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 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 we have reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete,
SureSeen LLC. has the right to suspend or terminate your
account and refuse any and all current or future use of the
Services (or any portion thereof). SureSeen LLC. is concerned
about the safety and privacy of all its users, particularly
children. Please remember that the GiveMeSomething.com
Services is designed to appeal to a broad audience.
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Member
Conduct
You understand that all information, data,
text, software, music, sound, photographs, graphics, video,
messages, tags, or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole
responsibility of the person from whom such Content
originated. This means that you, and not SureSeen LLC., are
entirely responsible for all Content that you upload, post,
email, transmit or otherwise make available via our Services.
SureSeen LLC. does not control the Content posted and
tansmitted via the GiveMESomethig.com Services and, as such,
does not guarantee the accuracy, integrity or quality of such
Content. You understand that by using theese Services, you may
be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will SureSeen LLC. be
liable in any way for any Content, including, but not limited
to, any errors or omissions in any Content, or any loss or
damage of any kind incurred as a result of the use of any
Content posted, emailed, transmitted or otherwise made
available via our Services.
You agree to not use the GiveMeSomething.com
Services to:
a.
upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
b.
harm minors in any way;
c.
impersonate any person or entity, including, but not limited to,
a SureSeen LLC. official, forum leader, guide or host, or
falsely state or otherwise misrepresent your affiliation with
a person or entity;
d.
forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the
Service;
e.
upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under
any law or under contractual or fiduciary relationships (such
as inside information, proprietary and confidential
information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
f.
upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of
any party;
g.
upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any
other form of solicitation, except in those areas (such as
shopping) that are designated for such purpose (please read
our complete Anti-Spam
policy);
h.
upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware
or telecommunications equipment;
i.
disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of these Services
are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
j.
interfere with or disrupt the Services or servers or networks
connected to the SureSeen LLC. Services, or disobey any
requirements, procedures, policies or regulations of networks
connected to the our Services, including using any device,
software or routine to bypass our robot exclusion headers;
k.
intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not
limited to, regulations promulgated by the U.S. Securities and
Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the
NASDAQ, and any regulations having the force of law;
l.
provide material support or resources (or to conceal or disguise
the nature, location, source, or ownership of material support
or resources) to any organization(s) designated by the United
States government as a foreign terrorist organization pursuant
to section 219 of the Immigration and Nationality Act;
m.
"stalk" or otherwise harass another; and/or
n.
collect or store personal data about other members in connection
with the prohibited conduct and activities set forth in
paragraphs a through m above.
You acknowledge that SureSeen LLC. may or may
not pre-screen Content, but that SureSeen LLC. and its
designees shall have the right (but not the obligation) in
their sole discretion to pre-screen, refuse, or remove any
Content that is available via the Services. Without limiting
the foregoing, SureSeen LLC. and its designees shall have the
right to remove any Content that violates the TOS or is
otherwise objectionable. You 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 SureSeen LLC
or submitted to GiveMeSomething.com, including without
limitation information in Message Boards and in all other
parts of the Services.
You acknowledge, consent and agree that
SureSeen LLC. 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: (i) comply with legal process;
(ii) enforce the TOS; (iii) respond to claims that any Content
violates the rights of third parties; (iv) respond to your
requests for customer service; or (v) protect the rights,
property or personal safety of SureSeen LLC, its users and the
public.
You understand that the SureSeen LLC. Services
and software embodied within the GiveMeSomething.com Services
may include security components that permit digital materials
to be protected, and that use of these materials is subject to
usage rules set by SureSeen LLC. and/or content providers who
provide content to the Services. You may not attempt to
override or circumvent any of the usage rules embedded into
the Services. Any unauthorized reproduction, publication,
further distribution or public exhibition of the materials
provided on the Services, in whole or in part, is strictly
prohibited.
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Member
Password, Account, & Security
You will receive a password and account
designation upon completing the GiveMeSomething.com 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 SureSeen LLC.
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. SureSeen LLC. cannot
and will not be liable for any loss or damage arising from
your failure to comply with this Section.
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Interstate
Communications Acknowledgement
When you register with GiveMeSomething.com, you
acknowledge that in using the Services to send electronic
communications, you will be causing communications to be sent
through SureSeen LLC.’s computer networks, portions of which
are located in California, Florida, and other locations in the
United States and portions of which may located abroad. As a
result, and also as a result of our network architecture and
business practices and the nature of electronic
communications, even communications that seem to be intrastate
in nature can result in the transmission of interstate
communications regardless of where you are physically located
at the time of transmission. Accordingly, by agreeing to this
TOS, you acknowledge that use of the service results in
interstate data transmissions.
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International
Special Admonitions for use of Import & Export
Compliance
Recognizing the global nature of the Internet,
you agree to comply with all local rules regarding online
conduct and acceptable Content. Use of the Services and
transfer, posting and uploading of software, technology, and
other technical data via the SureSeen LLC. Services may be
subject to the export and import laws of the United States and
other countries. You agree to comply with all applicable
export and import laws and regulations. In particular, you:
(a) represent that you are not a party identified on any
government export exclusion list, including but not limited to
the U.S. Denied Persons, Entity, and Specially Designated
Nationals Lists, nor will you transfer software, technology,
and other technical data via the SureSeen LLC. Services to
parties identified on such lists; (b) agree not to use the
SureSeen LLC. Services for military, nuclear, missile,
chemical or biological weaponry end uses in violation of U.S.
export laws; (c) agree not to transfer, upload, or post via
the SureSeen LLC. Services any software, technology or other
technical data in violation of U.S. or other applicable export
or import laws.
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Contributions
to GiveMeSomething.com
By submitting ideas, suggestions, documents,
and/or proposals ("Contributions") to SureSeen LLC.
through its suggestion or feedback webpages, you acknowledge
and agree that: (a) your Contributions do not contain
confidential or proprietary information; (b) SureSeen LLC. is
not under any obligation of confidentiality, express or
implied, with respect to the Contributions; (c) SureSeen LLC.
shall be entitled to use or disclose (or choose not to use or
disclose) such Contributions for any purpose, in any way, in
any media worldwide; (d) SureSeen LLC. may have something
similar to the Contributions already under consideration or in
development; (e) your Contributions automatically become the
property of SureSeen LLC. without any obligation of SureSeen
LLC. to you; and (f) you are not entitled to any compensation
or reimbursement of any kind from SureSeen LLC. under any
circumstances.
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Ownership
of Content Submitted or Made Available for Inclusion
SureSeen LLC. does not claim ownership of
Content you submit or make available for inclusion on the
Services. However, with respect to Content you submit or make
available for inclusion on publicly accessible areas of the
Services, you grant SureSeen LLC. the following worldwide,
royalty-free and non-exclusive license(s), as applicable:
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With respect
to Content you submit or make available for inclusion on
publicly accessible areas, the license to use,
distribute, reproduce, modify, adapt, publicly perform
and publicly display such Content on the
GiveMeSomething.com Services solely for the purposes of
providing and promoting the specific area to which such
Content was submitted or made available. This license
exists only for as long as you elect to continue to
include such Content on the Services and will terminate
at the time you remove or SureSeen LLC. removes such
Content from the Services.
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With respect
to photos, graphics, audio or video you submit or make
available for inclusion on publicly accessible areas of
the GiveMeSomething.com Services the license to use,
distribute, reproduce, modify, adapt, publicly perform
and publicly display such Content on the Services solely
for the purpose for which such Content was submitted or
made available. This license exists only for as long as
you elect to continue to include such Content on the
Services and will terminate at the time you remove or
SureSeen LLC. removes such Content from the Services.
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With respect
to Content other than photos, graphics, audio or video
you submit or make available for inclusion on publicly
accessible areas of the GiveMeSomething.com Services,
the perpetual, irrevocable and fully sublicensable
license to use, distribute, reproduce, modify, adapt,
publish, translate, publicly perform and publicly
display such Content (in whole or in part) and to
incorporate such Content into other works in any format
or medium now known or later developed
"Publicly accessible" areas of the
GiveMeSomething.com Services are those areas of the network of
properties that are intended by SureSeen LLC. to be available
to the general public. By way of example, publicly accessible
areas of the Services would include Message Boards and other
areas that are open to both members and visitors. However,
publicly accessible areas of the Services would not include
services intended for private communication such as Mail, or
areas off of the network of properties such as portions of
World Wide Web sites that are accessible via hypertext or
other links but are not hosted or served by SureSeen.com.
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No
Commercial Reuse of GiveMeSomething.com
You agree not to reproduce, duplicate, copy,
sell, trade, resell or exploit for any commercial purposes,
any portion or use of, or access to, the GiveMeSomething.com
Services (including Content, advertisements, Software and your
member ID).
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Indemnity
You agree to indemnify and hold SureSeen LLC.
and its subsidiaries, affiliates, officers, agents, employees,
partners and licensors harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party
due to or arising out of Content you submit, post, transmit,
modify or otherwise make available through the
GiveMeSomething.com Services, your use of the Services, your
connection to the Services, your violation of the TOS, or your
violation of any rights of another.
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General
Practice Regarding Use and Storage
You acknowledge that SureSeen LLC. may
establish general practices and limits concerning use of the
GiveMeSomething.com Services, including without limitation the
maximum number of days that email messages, message board
postings or other uploaded Content will be retained by the
GiveMeSomething.com Services, the maximum number of email
messages that may be sent from or received by an account on
the GiveMeSomething.com Services, the maximum size of any
email message that may be sent from or received by an account
on the Services, the maximum disk space that will be allotted
on servers on your behalf, and the maximum number of times
(and the maximum duration for which) you may access the
Services in a given period of time. You agree that SureSeen
LLC. has no responsibility or liability for the deletion or
failure to store any messages and other communications or
other Content maintained or transmitted by the
GiveMeSomething.com Services. You acknowledge that SureSeen
LLC. reserves the right to log off accounts that are inactive
for an extended period of time. You further acknowledge that
SureSeen LLC. reserves the right to modify these general
practices and limits from time to time.
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Modifications
to GiveMeSomething.com Services
SureSeen LLC. reserves the right at any time
and from time to time to modify or discontinue, temporarily or
permanently, the GiveMeSomething.com Services (or any part
thereof) with or without notice. You agree that SureSeen LLC.
shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the
GiveMeSomething.com Services (or any part thereof).
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Dealings
with Advertisers
Your correspondence or business dealings with,
or participation in promotions of, advertisers found on or
through the GiveMeSomething.com Services, including payment
and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated
with such dealings, are solely between you and such
advertiser. You agree that SureSeen LLC. shall not be
responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result
of the presence of such advertisers on the GiveMeSomething.com
Services.
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Termination
You may terminate your GiveMeSomething.com
account, any associated email address and access to the
Services by submitting such termination request to SureSeen
LLC.
You agree that SureSeen LLC. may, without
prior notice, immediately terminate, limit your access to
or suspend your GiveMeSomething.com account, any associated
email address, and access to the GiveMeSomething.com Services.
Cause for such termination, limitation of access or suspension
shall include, but not be limited to, (a) breaches or
violations of the TOS or other incorporated agreements or
guidelines, (b)requests by law enforcement or other government
agencies, (c) discontinuance or material modification to the
GiveMeSomething.com Services (or any part thereof), (d)
unexpected technical or security issues or problems, (e)
extended periods of inactivity, (f) engagement by you in
fraudulent or illegal activities, and/or (g) nonpayment of any
fees owed by you in connection with the GiveMeSomething.com
Services. Further, you agree that all terminations,
limitations of access and suspensions for cause shall be made
in SureSeen LLC.’s sole discretion and that SureSeen LLC.
shall not be liable to you or any third party for any
termination of your account, any associated email address, or
access to the Services.
Termination of your GiveMeSomething.com account
includes any or all of the following: (a) removal of access to
all or part of the offerings within the 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 all or part of the
Services.
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Links
The GiveMeSomething.com Services may provide,
or third parties may provide, links to other World Wide Web
sites or resources. You acknowledge and agree that SureSeen
LLC. 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. You further acknowledge and agree that SureSeen LLC.
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.
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Proprietary
Rights of GiveMeSomething.com
You acknowledge and agree that the
GiveMeSomething.com Services and any necessary software used
in connection with the Services ("Software") contain
proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in advertisements
or information presented to you through the Services or by
advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as
expressly permitted by applicable law or as authorized by
SureSeen LLC . or the applicable licensor (such as an
advertiser), you agree not to modify, rent, lease, loan, sell,
distribute, transmit, broadcast, publicly perform or create
derivative works based on the Services, such Content or the
Software, in whole or in part.
SureSeen LLC. grants you a personal,
non-transferable and non-exclusive right and license to use
the object code of its Software on a single computer; provided
that you do not (and do not allow any third party to) copy,
modify, create a derivative work from, reverse engineer,
reverse assemble or otherwise attempt to discover any source
code, sell, assign, sublicense, grant a security interest in
or otherwise transfer any right in the Software. You agree not
to modify the Software in any manner or form, nor to use
modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access
to the Services. You agree not to access the Services by any
means other than through the interface that is provided by
SureSeen LLC. for use in accessing the Services.
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Disclaimer
of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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YOUR USE OF
THE GIVEMESOMETHING.COM SERVICES AND SOFTWARE ARE AT
YOUR SOLE RISK. THE SERVICES AND SOFTWARE ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE"
BASIS. SURESEEN LLC. AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
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SURESEEN
LLC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO
WARRANTY THAT (i) THE GIVEMESOMETHING.COM SERVICES OR
SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE
GIVEMESOMETHING.COM SERVICES OR SOFTWARE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
GIVEMESOMETHING.COM SERVICES OR SOFTWARE WILL BE
ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE GIVEMESOMETHING.COM SERVICES
OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
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ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE GIVEMESOMETHING.COM SERVICES OR SOFTWARE IS
ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL
BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL
CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE
TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR
DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
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NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM SURESEEEN.COM OR THROUGH OR FROM THE
GIVEMESOMETHING.COM SERVICES OR SOFTWARE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
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A
SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC
SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE
GIVEMESOMETHING.COM SERVICE. CERTAIN CONDITIONS MAY
INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN
USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY.
IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC
CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE
GIVEMESOMETHING.COM SERVICE. IMMEDIATELY DISCONTINUE USE
OF THE SERVICES AND CONSULT YOUR PHYSICIAN IF YOU
EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE
GIVEMESOMETHING.COM SERVICE: DIZZINESS, ALTERED VISION,
EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR
CONVULSIONS.
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Limitations
of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
SURESEEN LLC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE
TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF SURESEEN LLC. HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE
OR THE INABILITY TO USE THE GIVEMESOMETHING.COM SERVICE; (b)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
GIVEMESOMETHING.COM SERVICE; OR (e) ANY OTHER MATTER RELATING
TO THE GIVEMESOMETHING.COM SERVICE.
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Exclusions
of Liability
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND
20 MAY NOT APPLY TO YOU.
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No
Third-Party Beneficiaries
You agree that, except as otherwise expressly
provided in this TOS, there shall be no third-party
beneficiaries to this agreement.
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Special
Admonition For Services Relating to Financial Matters
If you intend to create or join any service,
receive or request any news, messages, alerts or other
information from the GiveMeSomething.com Services concerning
companies, stock quotes, investments or securities, please
read the above Sections 19 and 20 again. They go doubly for
you. In addition, for this type of information particularly,
the phrase "Let the investor beware" is apt. The
GiveMeSomething.com Services is provided for informational
purposes only, and no Content included in the Services is
intended for trading or investing purposes. SureSeen LLC. and
its licensors shall not be responsible or liable for the
accuracy, usefulness or availability of any information
transmitted or made available via the GiveMeSomething.com
Services, and shall not be responsible or liable for any
trading or investment decisions based on such information.
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Trademark
Information
You agree that all of SureSeen LLC. trademarks,
trade names, service marks and other SureSeen LLC. logos and
brand features, and product and service names are trademarks
and the property of SuerSeen LLC. Without SureSeen LLC.’s
prior permission, you agree not to display or use in any
manner the SureSeen LLC. Marks.
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Notice
SureSeen LLC. may provide you with notices,
including those regarding changes to the TOS, including by but
not limited to email, regular mail, SMS, MMS, text message,
postings on the GiveMeSomething.com Services, or other
reasonable means now known or hereafter developed. Such
notices may not be received if you violate this TOS by
accessing the Services in an unauthorized manner. Your
agreement to this TOS constitutes your agreement that you are
deemed to have received any and all notices that would have
been delivered had you accessed the Services in an authorized
manner.
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Copyright/Intellectual
Property Infringement Procedures
SureSeen LLC. respects the intellectual
property of others, and we ask our users to do the same.
SureSeen LLC. may, in appropriate circumstances and at its
discretion, disable and/or terminate the accounts of members
who may be repeat infringers. If you believe that your work
has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been
otherwise violated, please provide SureeSeen’s Copyright
Agent the following information:
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an electronic
or physical signature of the person authorized to act on
behalf of the owner of the copyright or other
intellectual property interest;
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a description
of the copyrighted work or other intellectual property
that you claim has been infringed;
-
a description
of where the material that you claim is infringing is
located on the site;
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your address,
telephone number, and email address;
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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;
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a statement
by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are
the copyright or intellectual property owner or
authorized to act on the copyright or intellectual
property owner's behalf.
SureSeen’s
Agent for Notice of claims of copyright or other inteelectual
property infringement can be reached as follows:
By mail:
Copyright Agent
c/o SureSeen LLC.
P.O. Box 195787
Winter Springs, FL 32719
By emailing our compliance
department
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General
Information
Entire Agreement.
The TOS constitutes the entire agreement between you and
SureSeen LLC. and governs your use of the Services,
superseding any prior version of this TOS between you and
SureSeen LLC. with respect to the GiveMeSomething.com
Services. You also may be subject to additional terms and
conditions that may apply when you use or purchase certain
other SureSeen LLC. services, affiliate services, third-party
content or third-party software.
Choice of Law and Forum.
You and SureSeen LLC. each agree that the TOS and the
relationship between the parties shall be governed by the laws
of the State of Flroida without regard to its conflict of law
provisions and that any and all claims, causes of action or
disputes (regardless of theory) arising out of or relating to
the TOS, or the relationship between you and SureSeen LLC.,
shall be brought exclusively in the courts located in Seminole
County Florida. You and SureSeen LLC. agree to submit to the
personal jurisdiction of the courts located Seminole County
Florida, and agree to waive any and all objections to the
exercise of jurisdiction over the parties by such courts and
to venue in such courts.
Waiver and Severability of Terms.
The failure of SureSeen LLC. to exercise or enforce any right
or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by a
court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in full
force and effect.
No Right of Survivorship and
Non-Transferability. You agree that your GiveMeSomething.com account is
non-transferable and any rights to your Member ID or contents
within your account terminate upon your death. Upon receipt of
a copy of a death certificate, your account may be terminated
and all contents therein permanently deleted.
Statute of Limitations.
You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or
related to use of the GiveMeSomething.com Services or the TOS
must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
The section titles in the TOS are for
convenience only and have no legal or contractual effect.
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Reporting
Violations
Please report any violations of the TOS to our Customer
Service group.
Last Updated December 1, 2009
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