The Service is a real time, special purpose application through which you can facilitate word of mouth communication of your customers on a technology platform by making available, inter alia, coupons, promotions, promotional codes, transaction details, products, services and offers (collectively, “Deals”).
These Terms of Service apply to all Users of the InstAppDeals Service. By using the Service, you expressly acknowledge and agree that InstAppDeals shall not be responsible for any damages, claims or other liability arising from the User’s use of InstAppDeals Service. Certain Services on InstAppDeals may change at any time in InstAppDeals’s sole discretion, without notice.
To ensure the efficient delivery of the Services and Deals, you agree to undertake the following responsibilities:
A. Provide adequate human resources, in terms of number of employees and technical ability of each employee, to maintain and update Deals on your InstAppDeals User account.
B. Ensure User administrator(s) and employee(s) understand and adhere to InstAppDeals standard operating procedures as specified in the user manuals.
C. Update User details and Deals within 3 hours of the information becoming available in the User’s internal database(s).
D. Provide adequate resources to integrate User and InstAppDeals front and back end information technology systems including but not necessarily limited to Application Program Interface.
E. You will market yourself as an InstAppDeals partner store. Marketing initiatives include (i) User’s tellers inviting customers to InstAppDeals at the point of sale; (ii) co-branding between the User and InstAppDeals on your existing marketing materials and channels where InstAppDeals’s ‘d’ logo will appear on your marketing material along with a message saying ‘Follow us on InstAppDeals’; and (iii) other marketing initiatives agreed between you and InstAppDeals.
F. You are solely responsible for your Deals including but not necessarily limited to receipt of payments, all tax obligations and fulfilment of any and all orders, promotion, coupons or discounts obtained in the Service, including but not necessarily limited to the delivery, representation as to price, quality or any other aspect, warranty, exchange, repair and refund (if any) of the goods and services provided and in each case, without the involvement of InstAppDeals at any time. All matters relating to the Deals will be referred to you.
B. In order to access and use the features of the Service, you acknowledge and agree to provide InstAppDeals with all information requested during the User website login. You expressly acknowledge and agree that in order to provide the Service, InstAppDeals may periodically access your or your customer’s contact list and/or address book on your Store database or your customer’s mobile device to find and keep track of mobile phone numbers of other Users of the Service. When providing the website User information, you must provide accurate and complete information. You hereby give your express consent to InstAppDeals to access your and your customer’s contact list and/or address book for mobile phone numbers in order to provide and use the Service. You must notify InstAppDeals immediately of any breach of security or unauthorized use of your mobile phone or Store User databases. Although InstAppDeals will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of InstAppDeals or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the InstAppDeals servers in a given period of time than a human can reasonably produce in the same period by using a InstAppDeals application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, InstAppDeals grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. InstAppDeals reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by InstAppDeals clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any Users of the Service.
As further conditions of your use of the InstAppDeals Service, you agree that (i) you are able to create a binding legal obligation; (ii) you are not barred from receiving or selling products or services under applicable law; (iii) you will not attempt to use InstAppDeals with crawlers, robots, data mining or extraction tools or any other functionality; (iv) your use of the Site will at all times comply with these Terms of Service; (v) you will only make legitimate promotions of Deals that comply with the letter and spirit of the terms of the respective Deals; (vi) you have the right to provide any and all information you submit to InstAppDeals, and all such information is accurate, true, current and complete; (vii) you will update and correct information you have submitted to InstAppDeals and ensure that it is accurate at all times (out-of- date information will invalidate your account); and (viii) you will only promote and take the benefit of Deals or participate in InstAppDeals by creating an account on InstAppDeals, and any activity by you will be subject to the applicable Terms of Service.
The design of the InstAppDeals Service along with InstAppDeals created text, scripts, graphics, interactive features and the like, except Deal Notifications (as defined below), all content included in or made available through the InstAppDeals Service, and the patents, trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to InstAppDeals, subject to copyright and other intellectual property rights under United States, Canada and foreign laws and international conventions. The Service is provided to you AS IS for your information and use only. InstAppDeals reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Deal Notifications of third parties obtained through the Service for any commercial purposes.
A. The InstAppDeals Service allows InstAppDeals Users and User customers to submit notifications, texts, status updates, profile photos and other communications for Deals (collectively, the "Deal Notifications"). These Deal Notifications may be hosted, shared, and/or published as part of the InstAppDeals Service, and may be visible to other Users of the Service Currently, we have no method of providing different levels of visibility of your Deal Notifications among Users or User customers. You acknowledge and agree that any Deal Notifications may be globally viewed by Users that have your mobile phone number, so don’t submit or post any material that you don’t want to be seen globally. A good rule of thumb is if you don’t want the whole world to know something or see something, don’t submit it as a Deal Notification to the Service. As clarified in the following section, you retain your ownership rights in your Deal Notifications. You understand that whether or not such Deal Notifications are published, InstAppDeals does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own Deal Notifications and the consequences of posting or publishing them. Because InstAppDeals is only acting as a repository of data, User submitted notifications, messages or statuses do not necessarily represent the views or opinions of InstAppDeals, and InstAppDeals makes no guarantees as to the validity, accuracy or legal status of any notification, message or status. In connection with Deal Notifications, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize InstAppDeals to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Deal Notifications to enable inclusion and use of the Deal Notifications in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Deal Notifications to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Deal Notifications in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your Deal Notifications, but you have to have the rights in the first place. However, by submitting the Deal Notifications to InstAppDeals, you hereby grant InstAppDeals a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Deal Notifications in connection with the InstAppDeals Service and InstAppDeals's (and its successor's) business, including without limitation for promoting and redistributing part or all of the InstAppDeals Service (and derivative works thereof) in any media formats and\ through any media channels. You also hereby grant each subscriber to your notification or status on the InstAppDeals Service a non-exclusive license to access your Deal Notifications through the Service. The foregoing license granted by you terminates once you remove or delete a Deal Notification from the InstAppDeals Service.
C. In connection with Deal Notifications, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant InstAppDeals all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage InstAppDeals or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.
D. Adult content must be identified as such. InstAppDeals does not endorse any Deal Notifications or any opinion, recommendation, or advice expressed therein, and InstAppDeals expressly disclaims any and all liability in connection with Deal Notifications. InstAppDeals does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and InstAppDeals will remove all content and Deal Notifications if properly notified that such content or Deal Notification infringes on another's intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following (see Section 512(c)(3) of the Digital Millennium Copyright Act): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number of the InstAppDeals User allegedly infringing the copyrighted work; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such take down notices may be emailed to support at instappdeals.com. InstAppDeals reserves the right to remove content and Deal Notifications without prior notice. InstAppDeals may also terminate a User's access to the Service, if they are determined to be a repeat infringer, or for any other reason. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a Deal Notification removed from the Service more than twice. InstAppDeals also reserves the right to decide whether content or a Deal Notification is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. InstAppDeals may remove such Deal Notification and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
E. You understand that when using the InstAppDeals Service you will be exposed to Deal Notifications from a variety of sources, and that InstAppDeals is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Deal Notifications, and that such Deal Notifications are not the responsibility of InstAppDeals. You further understand and acknowledge that you may be exposed to Deal Notifications that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against InstAppDeals with respect thereto, and agree to indemnify and hold InstAppDeals, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the InstAppDeals Service.
F. InstAppDeals reserves the right to discontinue or modify any aspect of the Service at any time.
You agree and are aware that your carrier's normal rates and fees, such as for text messaging and data charges, will still apply and that you will settle all carrier obligations in a timely manner to avoid disruption of Service.
When you use the InstAppDeals Service, or send e-mails, text messages, and other communications from your mobile device to us, you are communicating with InstAppDeals electronically. You consent to receive communications from InstAppDeals electronically. InstAppDeals will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on the InstAppDeals Site. You agree that all agreements, notices, disclosures, and other communications that InstAppDeals provide to you electronically satisfy any legal requirement that such communications be in writing.
YOU AGREE THAT YOUR USE OF THE INSTAPPDEALS SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, INSTAPPDEALS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. INSTAPPDEALS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 THE INSTAPPDEALS SERVICE. INSTAPPDEALS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROMOTED OR OFFERED THROUGH THE INSTAPPDEALS SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER DEAL NOTIFICATION OR OTHER ADVERTISING, AND INSTAPPDEALS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT INSTAPPDEALS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by InstAppDeals from its facilities in the United States of America (“U.S.”) and Canada. InstAppDeals makes no representations that the InstAppDeals Service is appropriate or available for use in other locations. Those who access or use the InstAppDeals Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless InstAppDeals, its parent and affiliate corporation(s), officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the InstAppDeals Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Deal Notifications caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the InstAppDeals Service.
You affirm that you are fully able, authorized and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a” terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
These Terms of Service, and any rights and licenses granted here under, may not be transferred or assigned by you, but may be assigned by InstAppDeals without restriction.
If you are headquartered in the U.S. you agree that (i) the InstAppDeals Service shall be based in the U.S. and Canada; (ii) the InstAppDeals Service shall be deemed a passive server that does not give rise to personal jurisdiction over InstAppDeals, either specific or general, in jurisdictions other than the U.S.; and (iii) that you agree to be subject to the jurisdiction of the State of California in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and InstAppDeals that arises in whole or in part from the InstAppDeals Service shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California.
If you are headquartered in Canada you agree that (i) the InstAppDeals Service shall be based in the U.S. and Canada; (ii) the InstAppDeals Service shall be deemed a passive server that does not give rise to personal jurisdiction over InstAppDeals, either specific or general, in jurisdictions other than Canada; and (iii) that you agree to be subject to the jurisdiction of the Province of Ontario in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the Province of Ontario, without respect to its conflict of laws principles. Any claim or dispute between you and InstAppDeals that arises in whole or in part from the InstAppDeals Service shall be decided exclusively by a court of competent\ jurisdiction located in Toronto, Ontario.