Last updated: July 1, 2011
THIS AGREEMENT GOVERNS YOUR USE OF THE SITE (AS DEFINED BELOW). IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SITE.
MobStub, Inc. (“MobStub,” or “we”) reserves the right to update or modify this Agreement at any time and from time to time. When we make changes to this Agreement, we will revise the “last updated” date at the top of this Agreement and may require each user to acknowledge having reviewed the revised Agreement prior to his or her next log-in. We encourage you to periodically review this Agreement. Your continued use of the Site after any changes or revisions to this Agreement, regardless of whether you have acknowledged the updated version, shall indicate your agreement to be bound by the terms of this Agreement.
Services. MobStub offers vouchers (“Vouchers”) which can be printed from the Site (hereinafter the “Services”). These Vouchers are promotional vouchers that are available to purchase from participating merchants (hereinafter “Merchants”) through MobStub. The Vouchers can be used to redeem goods and services from the Merchants at a discounted price from the normal retail price charged by the Merchant. By placing an order for a Voucher from a Merchant through MobStub, you make an offer to purchase the Vouchers that you have selected on the terms and conditions stated in this Agreement and any additional terms and conditions imposed by the Merchant. Prior to using the Services, you are required to create an account. You are solely responsible for protecting the privacy/confidentiality of any registration credentials including, without limitation, all usernames and passwords.
Vouchers offered for purchase on the Site are redeemable for the goods or services of the Merchant. As such, the Merchant is the seller of the goods and services, not MobStub, and the Merchant is solely responsible for redeeming any Voucher you purchase from the Site.
Use of the Site. You may not use the Site for any unlawful purpose, or for any other purpose that is prohibited by this Agreement. Also, you may not interfere or attempt to interfere with the proper operation of the Site, including through the use of any device, software or routine, or access or attempt to gain access to any data, files or passwords related to the Site through hacking, password mining or any other means. We reserve the right, in our sole discretion, to deny you access to the Site, or any portion thereof, without notice.
MobStub has no obligation to monitor the Site; however, you acknowledge and agree that MobStub has the right to view, monitor and/or record the Site and Site activity electronically or otherwise, without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Site. MobStub will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.
MobStub may, in its sole and absolute discretion (i) delete and/or take down any material from the Site, (ii) disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, (iii) operate the Site, and (iv) take any steps that it deems necessary or appropriate to protect itself and/or users of the Site.
Intellectual Property Rights in the Site. The Site contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of MobStub (collectively, “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. MobStub makes no claims concerning whether the Content may be downloaded or is appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
If you violate any part of these restrictions, your permission to access and/or use the Content and Site automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of MobStub (the “MobStub Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of MobStub. Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with MobStub Trademarks, the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any Site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of MobStub Trademarks inures to MobStub's benefit.
Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content for this Site may be retransmitted without our express, written consent for each and every instance.
Digital Millennium Copyright Act. MobStub respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove Content deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Site where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Participation Disclaimer; License Grant. The Site may contain content submitted by other users of the Site, including without limitation comments, ratings, messages or other communications. Any such communications are publicly accessible and therefore you acknowledge and agree that other users of the Site may access such communications without your knowledge. In addition, MobStub does not and cannot review all communications and materials posted to or created by users accessing the Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, MobStub is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, MobStub reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to MobStub in its sole and absolute discretion. You hereby grant to MobStub and the Merchants a sublicensable, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, prepare derivative works and display any communications or other content you submit through your use of the Site and Services in any form or media type, whether now known or hereafter developed without territorial or time limitations.
Warranty Disclaimer; Release. THE SITE, INCLUDING ALL CONTENT, SERVICES, MATERIALS AND PRODUCTS ACCESSIBLE THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. Neither we nor any of our affiliates assume any responsibility for the accuracy of any information contained on the Site, for any interruptions or errors in accessing the Site, or for any viruses or other harmful components contained on the Site or the server from which the Site is made available. Neither we nor any of our affiliates make any warrantees or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. WE AND OUR AFFILIATES DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE.
UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR OUR AFFILIATES’ RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS OR SUCCESSORS BE LIABLE TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF OUR SITE, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) RELATING TO THE PRODUCTS OR SERVICES OFFERED ON THE SITE OR RESULTING FROM ACCESS TO OR OTHER USE OF THE SITE OR RELIANCE ON ANY INFORMATION PRESENTED ON THE SITE, EVEN IF WE ARE INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOU ARE SOLELY RESPONSIBLE FOR ANY INTERACTION YOU HAVE WITH MERCHANTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU HEREBY RELEASE MOBSTUB, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL CLAIMS OR LIABLITY RELATED TO ANY PRODUCT OR SERVICE OF A MERCHANT PURCHASED THROUGH THE SITE, ANY ACTION OR IN-ACTION BY A MERCHANT, INCLUDING ANY MERCHANT'S FAILURE TO ABIDE BY APPLIABLE LAWS AND/OR FAILURE TO HONOR THE TERMS OF ANY VOUCHER.
Indemnification. You agree to defend, indemnify and hold harmless MobStub and its affiliates from and against any and all claims, losses, expenses, or demands or liabilities, including attorneys' fees and costs, incurred by MobStub and its affiliates in connection with any claim (including any intellectual property claim) arising out of (i) materials and content you submit, post to or transmit through the Site, (ii) your use or misuse of the Site, Services or Content in violation of this Agreement or in violation of any applicable law, or (iii) any product or service you purchase through the Site. You further agree that you will cooperate as reasonably required in the defense of any such claims. MobStub and its affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of MobStub. You hereby agree to cooperate with any reasonable requests from MobStub to assist in its defense of such claim or matter. You further agree to indemnify and hold harmless MobStub and its affiliates from any claim arising from a third party's use of information or materials of any kind that you post in a public area of the Site.
Governing Law and Jurisdiction. This Agreement, and all matters arising directly or indirectly from your access to or other use of Site and Services, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. You hereby submit to the exclusive jurisdiction of the state and federal courts located in the State of New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Termination. This Agreement is effective until terminated by MobStub at any time without notice. MobStub may suspend, restrict and/or terminate your access and use of the Site at any time, with or without cause, in MobStub's absolute discretion and without notice. The following paragraphs of this Agreement shall survive termination of your use or access to the Site: paragraphs concerning Indemnification, Disclaimer of Warranties, Limitations of Liability, applicable law and any other provision that by its terms survives termination of your use or access to the Site.
General. This Agreement constitutes the entire agreement between you and us with respect to the Site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Site. Failure by MobStub to enforce any provision(s) of this Agreement not be construed as a waiver thereof. Any cause of action you may have with respect to the Site, the Content, and/or this Agreement must be commenced within one (1) year after the claim or cause of action arose, or be barred. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of this Agreement shall remain in full force and effect. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms. All rights not expressly granted herein are hereby reserved.
Thank you for your cooperation. We hope that you find the Site helpful and convenient to use. Questions or comments regarding the Site, including any reports of non-functioning links, should be submitted using our e-mail address at [insert e-mail address], or via U.S. mail to [insert address].
II. TERMS OF SALE
Terms and Conditions for Restaurant-Specific Vouchers. This section governs Vouchers for Merchants who offer food and beverage for sale in the regular course of business:
Terms and Conditions applicable to all Vouchers. All Vouchers are subject to the following terms and conditions:
Personal Data. Personal Data includes information that identifies or that is used by MobStub to identify an individual. Some information that you may enter into forms or data fields on our Site is considered Personal Data. Such information may include, but is not limited to, your name, address, e-mail address, telephone number and related billing information. Personal Data does not include personally non-identifiable information such as IP address, browser type, domain name and other anonymous statistical data.
Use of Personal Data. MobStub uses the Personal Data you provide in a manner that is consistent with this Agreement. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, we will use the Personal Data you input during the registration process to administer access to the Site and to facilitate purchases through the Site. MobStub also uses your Personal Data and other non-personally identifiable information collected through the Site to help us improve the content and functionality of the Site and to better understand users of the Site. If MobStub intends on using any Personal Data in any manner that is not consistent with this Agreement, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected, or, if you have not been so informed, we will inform you and obtain your consent after collection but before use.
We will not provide your Personal Data to a third party without your permission, except when necessary to (a) comply with a legal obligation, (b) protect and defend our rights or property, (c) act in urgent circumstances to protect the personal safety of users of the Site or the public or (d) protect against legal liability. We will take reasonable steps to protect Personal Data as it is transmitted from your computer to our online resources and servers, as well as to protect Personal Data in our possession from unauthorized access, disclosure, alteration or destruction.
Notwithstanding the foregoing, as we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of MobStub’s assets.
Use of Non-Personally Identifiable Data. We may use personally non-identifiable information and pool it with other information to track, for example, the total number of visitors to the Site. We may also provide aggregate statistics about our customers, sales, Site traffic patterns and related Site information to reputable third parties, but these statistics will not include any Personal Data.
We may use other industry standard technologies like pixel tags and web beacons to track your use of the Site and promotions, or we may allow certain third party service providers to use these devices on our behalf. Pixel tags and web beacons are tiny graphic images placed on certain pages the Site, or in e-mails from us that allow us to determine whether you have performed a specific action. When you access these pages or open or click an e-mail, pixel tags and web beacons generate a notice of that action that cannot be used to identify you. Pixel tags allow us to measure and improve our understanding of visitor traffic and behavior on the Site, as well as give us a way to measure our promotions and performance.
Accuracy of Information; Access. To keep Personal Data accurate, current and complete, please contact us as specified below. We will exercise reasonable efforts either on our own initiative, or at your request, to update, correct or erase any incomplete, inaccurate or outdated Personal Data retained by us in connection with the operation of the Site.
California Residents. Under California Civil Code Section 1798.83, California residents who have an established business relationship with us may choose to opt out of our sharing your Personal Data with third parties for direct marketing purposes. If you are a California resident and you have already granted us this permission and (1) you now wish to opt out; or (2) you wish to request certain information regarding our disclosure of your Personal Data to third parties for the direct marketing purposes, please contact us as described below.
Children. The Site is not directed to children under the age of 13. We adhere to the Children’s Online Privacy Protection Act (“COPPA”) and will not knowingly register or otherwise collect Personal Data from any child under the age of 13. We ask that minors (under the age of 13) not submit any Personal Data to us. If you are under the age of 13, you may use the Site only with the consent of your parent or guardian. If a child under the age of 13 has provided us with Personal Data, a parent or guardian of that child may contact us, by visiting the “Contact Us” section of this Site, and request that such information be deleted from our records.
Important Notice to Non-U.S. Residents. The Site is operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using the Site and/or providing us with any information, you consent to this transfer.
Your Choices. You can always choose not to provide Personal Data on the Site. However, doing so may prevent you from using the Services or accessing certain areas of the Site.
Changes. We may change this privacy, modify or withdraw access to the Site, or the content of these pages at any time with or without prior notice.
Contact. MobStub can be contacted at the following e-mail address: firstname.lastname@example.org