https://points4that.com/terms
Points4That® Terms of Service
April 20, 2018
Points4That® is a product of Zappland Inc. (the “Company”). By using the Points4That.com website and Points4That® application (“Points4That®” or the “Points4That® Services”) you agree to be bound by the following terms and conditions of this Points4That® Terms of Service Agreement (“Agreement”).
| 1. | Basic Terms — Your Rights and Responsibilities | |
| 1.1 | You must be 13 years or older to use Points4That®. If you are under 13 years of age you are prohibited from using Points4That®. | |
| 1.2 | You are personally responsible for your comments, scores and any activity that occurs under your account. | |
| 1.3 | You are responsible for keeping your password secure. You are prohibited from posting your password, sharing it with a third party, or otherwise allowing a third party to know your password. | |
| 1.4 | You are prohibited from defaming, abusing, harassing, threatening, impersonating or intimidating other Points4That® users. | |
| 1.5 | You may not use the Points4That® Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. | |
| 1.6 | You are solely responsible for your conduct and any text, scores, submissions, comments, data, information, screen names, profiles, photos and links (“Content”) that you submit, post, provide and display (collectively, “post”) on the Points4That® Services. | |
| 1.7 | You are prohibited from attempting to adapt or hack Points4That® or modify another website so as to falsely imply that it is associated with Points4That®. | |
| 1.8 | You are prohibited from crawling, scraping, trolling or otherwise caching any content from Points4That® including but not limited to user profiles, scores and photos. | |
| 1.9 | You are prohibited from creating or submitting unwanted or unsolicited email or comments to any Points4That® members (i.e. spam). | |
| 1.10 | You are prohibited from using web URLs in your account name without prior written consent from the Company. | |
| 1.11 | You are prohibited from transmitting any worms or viruses or any code of a destructive nature. | |
| 1.12 | You are prohibited from using Points4That® in violation of any federal, state or local law, or other laws applicable to your jurisdiction. | |
| 1.13 | Violation of any of terms in this Agreement will result in the termination of your Points4That® account. While Points4That® prohibits such conduct and content on its site, you understand and agree that Points4That® cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Points4That® Services at your own risk. | |
| 2. | Conditions on Use of Points4That® Services | |
| 2.1 | We reserve the right to modify or terminate the Points4That® Services for any reason, without notice at any time. | |
| 2.2 | We reserve the right to update our Agreement and Privacy Policy at any time and without notice. However, if the alterations constitute a material change to this Agreement or the Privacy Policy, we will notify you via email or in-app notice. What constitutes a “material change” will be determined in our sole discretion, in good faith and using common sense and reasonable judgment. | |
| 2.3 | We reserve the right to refuse service to anyone for any reason at any time. | |
| 2.4 | We reserve the right to force forfeiture of any username that becomes inactive, violates a trademark, or may mislead other users. | |
| 2.5 | We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement. | |
| 2.6 | Some of the Points4That® Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that the Company may place such advertising and promotions on the Points4That® Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without notice. | |
| 2.7 | We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames. | |
| 3. | Content Rights | |
| 3.1 | User Copyright. The Company does NOT claim any ownership rights in the Content that you post on or through the Points4That® Services. Notwithstanding the foregoing, by posting any Content on or through the Points4That® Services, you hereby grant to the Company a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Content in any media formats through any media channels. This license allows the Company to perform technical functions necessary to offer the Points4That® Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Points4That® Services. The Points4That® Services contain Content of Users and other Company licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Points4That® Services. | |
| 3.2 | User Warrantees. You represent and warrant that: (1) you own the Content posted by you on or through the Points4That® Services or otherwise have the right to grant the license set forth in this section, (2) the posting and use of your Content on or through the Points4That® Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any other party, and (3) the posting of your Content on Points4That® does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through Points4That®. | |
| 3.3 | Copyright. Content provided by Points4That® (“Points4That® Content”). Points4That® is protected by federal and state copyright, trademark, trade secret and other laws, and the Company owns and retains all rights in the Points4That® Content and the Points4That® Services. The Company hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Points4That® Content (excluding any software code) solely for your personal use in connection with using the Points4That® Services. | |
| 4. | Warranties and Indemnification | |
| 4.1 | Warranty. Your access to and use of the Points4That® Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The Company makes no warranty and disclaims all responsibility and liability for: (1) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (2) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (3) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (4) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Company or through the Services, will create any warranty not expressly made herein. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. | |
| 4.2 | Indemnification. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (3) ANY CONTENT OBTAINED FROM THE SERVICES; OR (4) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY EXCEED THE GREATER OF (1) FIFTY DOLLARS ($50.00) OR (2) THE TOTAL AMOUNT YOU PAID THE COMPANY, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. | |
| 5. | Dispute Resolution | |
| 5.1 | Arbitration Procedures. Because the Service provided to you by the Company concerns interstate commerce, the Federal Arbitration Act (“FAA”), not state arbitration law, shall govern the arbitrability of all disputes. However, applicable federal law or the law of the state where you receive the service from the Company may apply to and govern the substance of any disputes. Any state statutes pertaining to arbitration shall not be applicable under this Arbitration Provision. | |
| 5.2 | Arbitration Conflict. If there is a conflict between this Dispute Resolution Provision and the rules of the arbitration organization chosen, this Dispute Resolution Provision shall govern. If the arbitration organization that you select will not enforce this Dispute Resolution Provision as written, it cannot serve as the arbitration organization to resolve your dispute with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Dispute Resolution Provision as written. If there is a conflict between this Dispute Resolution Provision and the rest of this Agreement, this Dispute Resolution Provision shall govern. | |
| 5.3 | Arbitration Awards. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement. If an award granted by the arbitrator exceeds $75,000, either party can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA. | |
| 5.4 | Location of Arbitration. The arbitration will take place in New York City, New York, USA. | |
| 5.5 | Payment of Arbitration Fees and Costs. THE COMPANY WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR’S COSTS AND EXPENSES UPON YOUR WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN THE COMPANY’S FAVOR, YOU SHALL REIMBURSE THE COMPANY FOR THE FEES AND COSTS ADVANCED TO YOU ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN YOUR FAVOR, YOU WILL NOT BE REQUIRED TO REIMBURSE THE COMPANY FOR ANY OF THE FEES AND COSTS ADVANCED BY THE COMPANY. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS’ FEES AND COSTS INCURRED IN THAT APPEAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, THE COMPANY WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY. | |
| 5.6 | Exclusions from Arbitration. YOU AND THE COMPANY AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION: (1) ANY CLAIM FILED BY YOU OR BY THE COMPANY THAT IS NOT AGGREGATED WITH THE CLAIM OF ANY OTHER SUBSCRIBER AND WHOSE AMOUNT IN CONTROVERSY IS PROPERLY WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS; (2) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS; AND (3) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE. | |
| 5.7 | Continuation of Arbitration. This Arbitration Provision shall survive the termination of your membership with the Company. | |
| 5.8 | Class Action Waiver. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS SIMILARLY SITUATED UNLESS THE STATUTE UNDER WHICH YOU ARE SUING PROVIDES OTHERWISE. | |
| 5.9 | Controlling Law and Jurisdiction. This Agreement and any action related thereto will be governed by the laws of the State of New York without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in New York City, New York, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, this Agreement and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York (excluding choice of law). | |
| 6. | General Terms | |
| 6.1 | Term and Termination. The Agreement will continue to apply until terminated by either you or the Company as follows. You may end your legal agreement with the Company at any time for any reason by deactivating your account and discontinuing your use of the Services. You do not need to specifically inform the Company when you stop using the Services. If you stop using the Services for 30 days without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity. | |
| 6.2 | Suspension of Accounts. We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (1) you have violated this Agreement or the Privacy Policy, (2) you create risk of possible legal exposure; or (3) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account. | |
| 6.3 | Retention of Terms. In all such cases, this Agreement shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: Sections 1, 3.1, 3.2, 4.2, 5, 6.1, 6.4 and 6.5. Nothing in this section shall affect the Company’s rights to change, limit or stop the provision of the Services without prior notice. | |
| 6.4 | Severability Clause. If a court of competent jurisdiction finds any clause of this Agreement to be unenforceable for any reason, that clause shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. However, if applicable law prohibits or restricts you from fully and specifically complying with or prevents the enforceability of this Agreement, the Agreement will immediately terminate and you must immediately discontinue any use of the Points4That® Services. | |
| 6.5 | Integration Clause. This Agreement and our Privacy Policy are the entire and exclusive agreement between the Company and you regarding the Services (excluding any services for which you have a separate agreement with the Company that is explicitly in addition or in place of this Agreement), and supersede and replace any prior agreements between the Company and you regarding the Services. Other than members of the group of companies of which the Company is the parent, no other person or company will be third party beneficiaries to this Agreement. | |
