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Terms and Conditions
Terms of Service
Savinz is a service that enables users to share their shopping victories and organize their online shopping lives. These Terms of Service ("Terms") govern your access to and use of the services and Savinz's website (the "Services"), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services, including but not limited to information about the purchases you make from information received from stores like Amazon or Best Buy from your unique @savinz.com email which is analyzed by Savinz’s data base through the Services as well as any comments that you make about other users' purchases (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
Use of the Services
You are responsible for your use of the Services, for any information you choose to make available or any posts you provide, and for any consequences thereof. The Content you make available, post, or display will be able to be viewed by other users of the Services and, in the future, through our third party partners, services and websites (unless your account is designated by you as “anonymous” in which case your posts will only be sent to those who you permit to view it with your identifying information but will still be made available to others without your name or identifying information). Y ou should only make available information or provide Content with your unique @savinz.com email that you are comfortable sharing with others under these Terms.
You may use the Services if you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Savinz provides are always evolving and the form and nature of the Services that Savinz provides may change from time to time without prior notice to you. For example, we may decide to enable our users to access the Services through a web-based mobile application as we grow. In addition, Savinz may need to stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally if we determine it necessary and may not be able to provide you with prior notice.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Savinz on the Services are subject to change. In consideration for Savinz granting you access to and use of the Services, you agree that Savinz and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
In order to use certain Services, you will need to register with Savinz, create a username and provide certain information about yourself as prompted by the registration form, including a valid email address. You may not use a username for the purpose of impersonating another person or entity. We reserve the right to remove or reclaim inactive usernames or usernames on behalf of businesses or individuals that hold trademark or other legal claim on those usernames.
In order for Savinz to provide you with certain Services, you have the option of providing Savinz with your username and password to various social networking (like Face Book Friend Finder and Twitter) and other accounts that you wish to link with your account. Savinz will only use these usernames and passwords to access your external accounts to the extent necessary to provide these enhanced Services and will otherwise keep your password confidential.
Passwords
You are responsible for safeguarding the password that you use to access the Services. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must immediately notify Savinz of any unauthorized use of your password. Savinz cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Privacy
Any personal information that you provide to us is subject to our Privacy Policy, which governs our collection and use of your personal information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States or other countries for storage, processing and use by Savinz. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Savinz account and you will not be able to opt out of receiving them.
Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We do not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services will be at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Savinz 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 the Services or broadcast elsewhere.
Content You Submit
Any Content you provide must comply with the Savinz Rules (which are part of these Terms and describes what content is prohibited on the Services). You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. Savinz will not be responsible or liable for any use of your Content by Savinz in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
You may remove your Content from the Services at any time by specifically deleting it (for example, deleting information about a purchase that you want to keep private), or deleting your account entirely. If you choose to remove your Content or terminate your account, your Content will be deleted as soon as is practical, (although back-up copies may survive for archival purposes), provided, however, in certain instances, copies of your Content may continue to exist in published or recorded form when it has been retransmitted, redistributed, or otherwise licensed to our third party partners. You agree that Savinz has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services or our partners. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.
By submitting, posting or displaying Content on or through the Services, you grant us and our third-party service providers and partners a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). No compensation will be paid with respect to the Content that you submit, post, transmit or otherwise make available through the Services, even if used by other companies, organizations or individuals who partner with Savinz.
We may need to modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
Savinz claims no ownership of any Content submitted, posted or displayed by you on or through the Services. You retain any and all of your rights to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights.
Savinz Ownership Rights
All right, title, and interest in and to the Services (excluding your Content) are and will remain the exclusive property of Savinz. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Savinz name or any of the Savinz trademarks, logos, domain names, and other distinctive brand features. You may use the Savinz name or any of the Savinz trademarks, logos, domain names, or other distinctive brand features only in the event Savinz grants you the right to do so in a separate written agreement. Any feedback, comments, or suggestions you may provide regarding Savinz, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Restrictions on Content and Use of the Services
We reserve the right at all times (but not will not have an obligation) to remove or refuse to distribute any Content on the Services, which violates these Terms or the Savinz Rules for using the Service and submitting Content. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Savinz, its users and the public.
Unless you have been specifically permitted to do so in a separate written agreement with Savinz and except as expressly permitted in these Terms, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Services. You may not copy or modify the HTML code used to generate web pages on the Services. You may not use Savinz’ licensed or assigned patented business processes.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Savinz.s computer systems, or the technical delivery systems of Savinz.s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that is provided by Savinz (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Savinz; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
Copyright Policy
It is the policy of Savinz to terminate your access to the Services if you infringe the copyright rights of others upon receipt of proper notification to Savinz by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. You may contact our Copyright Agent at info@Savinz.com.
Termination
If you violate any of these Terms, your permission to use the Services may be suspended or revoked and we reserve the right to suspend or terminate your access to and use of the Services at any time if you violate any of these Terms.
The Services are Available 'AS-IS'
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, Savinz AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Savinz will not be responsible or liable for 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. We make no warranty that 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 Savinz or through the Services, will create any warranty not expressly made herein.
Links
The Services may contain links to third-party websites or resources. You acknowledge and agree that Savinz is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Savinz of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Indemnity
You agree to defend, indemnify, and hold harmless Savinz and its partners, and their officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms or any Content posted, published, transmitted or otherwise provided by you or on your behalf.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAVINZ AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) 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; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Savinz HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Waiver and Severability
The failure of Savinz to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of New Hampshire 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 Nashua, New Hampshire, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Entire Agreement
These Terms, the Savinz Rules and our Privacy Policy are the entire and exclusive agreement between Savinz and you regarding the Services, and these Terms supersede and replace any prior agreements between Savinz and you regarding the Services.
We may revise these Terms from time to time, and we will try to provide at least 30 days notice prior to any new terms taking effect. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Savinz Inc., 310 Brook Village Road, Unit 29, Nashua, NH 03062 .
If you have any questions about these Terms, please contact us at hello@Savinz.com.
Effective: August 20, 2010
