Terms & Conditions:
1. ACCEPTANCE OF TERMS
DealMapper provides a collection of online resources, including Daily Deal
ads, forums, coupons, and various email services, (referred to hereafter as "the Service") subject to the following Terms and Conditions Use ("T&C"). By using the Service in any way, you are agreeing to comply with the T&C. In addition, when using particular DealMapper services, you agree to abide by any applicable posted guidelines for all DealMapper services, which may change from time to time.
Should you object to any term or condition of the T&C, any guidelines,
or any subsequent changes thereto or become dissatisfied with DealMapper in any way, your only recourse is to immediately cease use of DealMapper. DealMapper has the right, but is not obligated, to strictly enforce the T&C through self-help, community moderation, active investigation, litigation and prosecution, or any other means it sees fit to pursue.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise
alter these terms and conditions at any time without notice. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the T&C at:
http://www.DealMapper.com/termsandconditions.html
3. THIRD PARTY CONTENT, SITES, AND SERVICES
The DealMapper site and Content available through the Service may contain
features and functionalities that may link you or provide you with access
to third party content which is completely independent of DealMapper,
including web sites, directories, servers, networks, systems, information
and databases, applications, software, programs, products or services,
and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through
the Service, including payment and delivery of goods or services, and any
other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such organizations and/or individuals.
You should make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of these
third parties.
You agree that DealMapper shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings. If there is
a dispute between participants on this site, or between users and any third
party, you understand and agree that DealMapper is under no obligation to
become involved. In the event that you have a dispute with one or more other
users, you hereby release DealMapper, its officers, employees, agents and
successors in rights from claims, demands and damages (actual and
consequential) of every kind or nature, known or unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way related
to such disputes and / or our service. If you are a California resident, you
waive California Civil Code Section 1542, which says: "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."
4. CONTENT
You understand that all postings, messages, text, files, images, photos,
video, sounds, or other materials ("Content") posted on, transmitted
through, or linked from the Service, are the sole responsibility of the
person from whom such Content originated. More specifically, you are
entirely responsible for each individual item ("Item") of Content that you
post, email or otherwise make available via the Service. You understand that
DealMapper does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the DealMapper site and Content available through the Service may contain links to other websites, which are completely independent of DealMapper. DealMapper makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk.
You agree that you must evaluate, and bear all risks associated with, the
use of any Content, that you may not rely on said Content, and that under no
circumstances will DealMapper be liable in any way for any Content or for
any loss or damage of any kind incurred as a result of the use of any Content
posted, emailed or otherwise made available via the Service. You acknowledge
that DealMapper does not pre-screen or approve all Content, but that DealMapper shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the T&C or for any other reason.
5. NOTIFICATION OF INFRINGEMENT
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 notify DealMapper's agent for notice of claims of
copyright or other intellectual property infringement ("Agent"), at
admin@DealMapper.com
or:
DealMapper
200 Connie Cres, Unit #1
Vaughan, Ontario, Canada
L4K1M1
Please provide us with the following Notice:
a) Identify the material on the DealMapper site that you claim is
infringing, with enough detail so that we may locate it on the website;
b) 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;
c) A statement by you declaring under penalty of perjury that (1) the above
information in your Notice is accurate, and (2) that you are the owner of
the copyright interest involved or that you are authorized to act on behalf
of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
Once verified, DealMapper will remove the infringing posting(s).
6. PRIVACY AND INFORMATION DISCLOSURE
DealMapper has established a Privacy Policy to explain to users how their
information is collected and used, which is located at the following web
address:
http://www.DealMapper.com/privacy
Your use of the DealMapper website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that DealMapper may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the T&C; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment;
protect the rights, property, or personal safety of DealMapper, its users or
the general public.
7. PAID POSTINGS
We may charge a fee to post Content in some areas of the Service. The fee
is an access fee permitting Content to be posted in a designated area.
Each party posting Content to the Service is responsible for said Content
and compliance with the T&C. All fees paid will be non-refundable in the
event that Content is removed from the Service for violating the T&C.
8. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory,
libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in any form of sexual conduct whatsoever.
c) that impersonates any person or entity, including, but not limited to, a
DealMapper employee, or falsely states or otherwise misrepresents your
affiliation with a person or entity (this provision does not apply to Content
that constitutes lawful non-deceptive parody of public figures.);
d) that includes personal or identifying information about another person
without that person's explicit consent;
e) that is false, deceptive, misleading, deceitful, misinformative, or
constitutes "bait and switch";
f) that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a right to
make available under any law or under contractual or fiduciary relationships;
g) that constitutes or contains "affiliate marketing," "link referral code,"
"junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited
commercial advertisement;
h) that constitutes or contains any form of advertising or solicitation if:
posted in areas of the DealMapper sites which are not designated for such
purposes; or emailed to DealMapper users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
i) that includes links to commercial services or web sites, except as allowed
in "services";
j) that advertises any illegal service or the sale of any items the sale of
which is prohibited or restricted by any applicable law.
k) 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;
l) that disrupts the normal flow of dialogue with an excessive amount of
Content (flooding attack) to the Service, or that otherwise negatively
affects other users' ability to use the Service; or
m) that employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content
transmitted through the Service.
Additionally, you agree not to:
n) contact anyone who has asked not to be contacted, or make unsolicited
contact with anyone for any commercial purpose;
o) Harass anyone
p) collect personal data about other users for commercial or unlawful
purposes;
q) use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Service - unless expressly
permitted by DealMapper;
r) attempt to gain unauthorized access to DealMapper's computer systems or
engage in any activity that disrupts, diminishes the quality of, interferes
with the performance of, or impairs the functionality of, the Service or
s) use any form of automated device or computer program that enables the
submission of postings on DealMapper without each posting being manually
entered by the author thereof (an "automated posting device"), including
without limitation, the use of any such automated posting device to submit
postings in bulk, or for automatic submission of postings at regular intervals.
t) use any form of automated device or computer program ("flagging tool")
that enables the use of DealMapper's "deal system" or other alteration systems without each flag being manually entered by the person
that initiates the flag (an "automated flagging device"), or use the
flagging tool to remove posts of competitors, or to remove posts without a
good faith belief that the post being flagged violates these T&C;
9. POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary
that offers to post Content to the Service on behalf of others. You may not use a Posting Agent to post Content to the Service without express permission or license from DealMapper. Moreover, Posting Agents are not
permitted to post Content on behalf of others, to cause Content to
be so posted, or otherwise access the Service to facilitate posting
Content on behalf of others, except with express permission or
license from DealMapper.
10. LIMITATIONS ON SERVICE
You acknowledge that DealMapper may establish limits concerning use of the
Service, including the maximum timeframe (number of days, etc.) that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that DealMapper has no responsibility or liability for the deletion, removal, or failure to store any Content maintained or transmitted by the Service. You acknowledge that DealMapper reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that DealMapper shall not be liable to you or to any third party for any modification, alteration, suspension or termination of the Service.
11. ACCESS TO THE SERVICE
DealMapper grants you a limited, revocable, nonexclusive license to access
the Service for your own personal or commercial use. This license does not include:
(a) access to the Service by Posting Agents; or (b) any collection,
aggregation, copying, duplication, display or alternative use of the Service
nor any use of data mining, robots, spiders, or similar data gathering and
extraction tools for any purpose unless expressly permitted by DealMapper.
A limited exception to (b) is provided to general purpose internet search
engines and non-commercial public archives that use such tools to gather
information for the sole purpose of displaying hyperlinks to the Service,
provided they each do so from a stable IP address or range of IP addresses
using an easily identifiable agent and comply with our protocols.
"General purpose internet search engine" does not include a website or
search engine or other service that specializes in classified listings
or in any subset of classifieds listings such as jobs, housing, personals,
services, or for sale, or which is in the business of providing classified
ad listing services, daily deal or coupon services.
DealMapper permits you to display on your website, or create a hyperlink
on your website to, individual postings on the Service provided it is approved by DealMapper.
Use of the Service beyond the scope of authorized access granted to you by
DealMapper immediately terminates said permission or license. In order to
collect, aggregate, copy, duplicate, display or make derivative use of the
the Service or any Content made available via the Service for other
purposes (including commercial purposes) not stated herein, you must first
obtain a license from DealMapper.
12. TERMINATION OF SERVICE
You agree that DealMapper, in its sole discretion, has the right (but not
the obligation) to delete or deactivate your account, block your email or IP
address, or otherwise terminate your access to or use of the Service (or any
part thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without limitation,
if DealMapper believes that you have acted inconsistently with the letter or
spirit of the T&C. Further, you agree that DealMapper shall not be liable whatsoever to you or any third-party for any termination of your access to the Service.
Further, you agree not to attempt to use the Service after said termination.
The terms of the T&C shall survive any termination.
13. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws
and international treaties. Content displayed on or through the Service is
protected by copyright as a collective work and/or compilation, pursuant to
copyrights laws, and international conventions. Any reproduction,
modification, creation of derivative works from or redistribution of the
site or the collective work, and/or copying or reproducing the sites
or any portion thereof to any other server or location for further
reproduction or redistribution is prohibited without the express
written consent of DealMapper. You further agree not to reproduce,
duplicate or copy Content from the Service without the express written
consent of DealMapper, and agree to abide by any and all copyright notices
displayed on the Service. You may not decompile or disassemble, reverse
engineer or otherwise attempt to decode and/or discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although DealMapper does not claim ownership of content that its users post,
by posting Content to any public area of the Service, you automatically
grant, and you represent and warrant that you have the right to grant, to
DealMapper an irrevocable, perpetual, non-exclusive, fully paid, worldwide
license to use, copy, perform, display, and distribute said Content and to
prepare derivative works of, or incorporate into other works, said Content,
and to grant and authorize sublicenses (through multiple tiers) of the
foregoing. Furthermore, by posting Content to any public area of the Service,
you automatically grant DealMapper all rights necessary to prohibit any
subsequent aggregation, display, copying, duplication, reproduction, or
exploitation of the Content on the Service by any party for any purpose.
14. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE DEALMAPPER SITE AND THE SERVICE IS ENTIRELY AT
YOUR OWN RISK. THE DEALMAPPER SITE AND THE SERVICE ARE PROVIDED ON AN "AS
IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL
EXPRESS AND IMPLIED 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,
DEALMAPPER DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE DEALMAPPER SITE AND THE
SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, DEALMAPPER DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
DEALMAPPER SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON
THE DEALMAPPER SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, DEALMAPPER
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE DEALMAPPER SITE OR THE SERVICE. Some jurisdictions do
not allow the disclaimer of implied warranties. In such jurisdictions, some
of the foregoing disclaimers may not apply to you insofar as they relate to
implied warranties.
15. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL DEALMAPPER OR ANY AFFILIATED COMPANIES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF DEALMAPPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE DEALMAPPER SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE DEALMAPPER SITE OR THE SERVICE, FROM INABILITY TO USE THE DEALMAPPER SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE DEALMAPPER SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE DEALMAPPER SITE OR THE SERVICE OR ANY LINKS ON THE DEALMAPPER SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE DEALMAPPER SITE OR THE SERVICE OR ANY LINKS ON THE DEALMAPPER SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions,
limitations of liability are not permitted. In such jurisdictions, some of
the foregoing limitation may not apply to you.
16. INDEMNITY
You agree to indemnify and hold DealMapper, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service
providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third party
due to or arising out of Content you submit, post or make available through
the Service, your use of the Service, your violation of the T&C, your
breach of any of the representations and warranties herein, or your
violation of any rights of another.
17. GENERAL INFORMATION
The T&C constitute the entire agreement between you and DealMapper and
govern your use of the Service, superceding any prior agreements between you
and DealMapper. The T&C and the relationship between you and DealMapper
shall be governed by the laws of the Province of Ontario without regard to
its conflict of law provisions. You and DealMapper agree to submit to the
personal and exclusive jurisdiction of the courts located within the Province of Ontario. The failure of DealMapper to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision. If any provision of the T&C 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 T&C remain in full force and effect. 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 Service or the T&C must be filed within one (1) year after such claim or cause of action arose or be forever barred.
18. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the T&C, by flagging the posting(s) for
review, or by emailing to:
admin@DealMapper.org
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for DealMapper to pursue legal action to enforce these Terms, you will be liable to pay DealMapper the following amounts as liquidated damages, which you accept as reasonable estimates of DealMappers' damages for the specified breaches of these Terms:
a. If you post a message that (1) impersonates any person or entity; (2)
falsely states or otherwise misrepresents your affiliation with a person or
entity; or (3) that includes personal or identifying information about
another person without that person's explicit consent, you agree to pay
DealMapper one hundred thousand dollars ($100,000) for each such message.
This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
b. If you post Content in violation of the T&C, other than as described
above, you agree to pay DealMapper one thousand dollars ($1000) for each
Item of Content posted. In its sole discretion, DealMapper may elect
to issue a warning before assessing damages.
c. If you are a Posting Agent that uses the Service in violation of the
T&C, in addition to any liquidated damages under clause (d), you agree to
pay DealMapper one thousand dollars ($1000) for each and every Item you post
in violation of the T&C. A Posting Agent will also be deemed an agent of
the party engaging the Posting Agent to access the Service (the
"Principal"), and the Principal (by engaging the Posting Agent in
violation of the T&C) agrees to pay DealMapper an additional one thousand
dollars ($1000) for each Item posted by the Posting Agent on behalf of
the Principal in violation of the T&C.
d. If you aggregate, display, copy, duplicate, reproduce, or otherwise
exploit for any purpose any Content (except for your own Content) in
violation of these Terms without DealMapper's express written permission,
you agree to pay DealMapper ten thousand dollars ($10,000) for each day
on which you engage in such conduct.
Otherwise, you agree to pay DealMapper's actual damages, to the extent such
actual damages can be reasonably calculated. Notwithstanding any other
provision of these Terms, DealMapper retains the right to seek the remedy
of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.