TERMS AND CONDITIONS
INTELLECTUAL PROPERTY RIGHTS
This Site is protected under CA and international copyright laws. Copyright ©2014 Flexcoupons. All rights reserved. All of our company names, product names, service names and logos are owned by us.
The content on the Site, including but not limited to, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks and logos contained therein ("Site Content"), are owned by or licensed to Flexcoupos and are subject to copyright, trademark, service mark, trade dress, patent and other intellectual property rights and protections under Canadian and foreign laws and international conventions.
If you believe in good faith that any Site Content has been copied in a way that constitutes copyright infringement, you may forward the following information to our Copyright Agent at firstname.lastname@example.org: (i) your contact information, including your name, address, telephone number, and email address; (ii) identification and description of each copyrighted work that you claim has been infringed; (iii) the exact URL or location of the material that you claim is infringing; (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) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) 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 are authorized to act on behalf of the copyright owners.
PERSONAL AND LAWFUL USE ONLY
Unless otherwise specified, the Site and our services are intended for your personal, noncommercial use only. You agree to use the Site and our services only for lawful purposes and acknowledge that your failure to do so may subject you to civil and criminal liability. You may not in any way make commercial or other unauthorized use of (by publication, re-transmission, distribution, performance, caching, cataloguing, aggregating, or otherwise) the Site Content or other material obtained through the Site, except as permitted by the Copyright Act or other law and as expressly permitted in writing by this Agreement, Flexcoupons, or the Site.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this Site, he or she should email Flexcoupons with his or her explicit permission and acceptance of full legal responsibility for the minor to do so. If you are not yet 18, if you are easily offended, or are accessing this Site from any country where material on this Site is prohibited or illegal, please stop using the Site immediately as you do not have permission to access this Site.
YOUR REPRESENTATIONS AND WARRANTIES
LICENSE TO USE THIS SITE
Upon your agreement to this Agreement, Flexcoupons hereby grants you a non-exclusive, non-transferable limited license to use this Site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this Site. You agree not to make any false or fraudulent statements in your use of or to gain access to this Site. You acknowledge and agree that all content and services available on this Site are property of Flexcoupons and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by Flexcoupons and its advertisers and licensors.
Except as may be explicitly permitted through this Site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, catalogue, aggregate, or create derivative works from materials, code or content on or from this Site. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Flexcoupons is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
You agree that if you are issued a Username and Password by Flexcoupons, you shall use your best efforts to prevent access to this Site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying Flexcoupons immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party.
You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this Site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that Flexcoupons shall pursue such penalties to the full extent of the law to protect its rights.
Location/Consent to Transfer
If you are not a resident of the Canada, you acknowledge and agree that we may collect and use your personal information outside your home jurisdiction, and that we may store your personal information in the Canada. Please note that the level of legal protection provided in the Canada or other non-European countries in which you may access our Site may not be as stringent as that under European Union privacy standards or the privacy laws of some other countries, possibly including your home jurisdiction.
You agree that you shall comply with all applicable export and import control laws and regulations in your use of this Site, or materials or services received through this Site, and, in particular, you shall not export or re-export anything on or received through this Site in violation of local or foreign export laws or without all required CA and foreign government licenses.
SUBMISSIONS AND USER CONTENT
Any Site Content, including Submissions, uploaded, published, displayed, transmitted, posted or submitted on or to this Site by a user ("User Content") will be subject to these Terms and Conditions. With respect to any User Content generated by you on or through this Site, you represent and warrant that: (i) you own or otherwise have the right to grant the license set forth below in this section with respect to such User Content, (ii) such User Content does not violate the privacy rights, publicity rights, copyrights, intellectual property rights, confidentiality rights, contract rights or any other rights of any person, and (iii) you agree to pay any and all royalties, fees, and any other monies owing any person arising in connection with such User Content appearing on this Site. If a third party claims that the posting or submission of any User Content by you is unlawful, you will bear the burden of establishing that it is lawful.
Any and all User Content shall be deemed non-confidential. By uploading, publishing, displaying, transmitting, posting or submitting any User Content on or through this Site, you hereby grant to Flexcoupons a limited, non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, sub-licensable right and license to use, modify, publicly perform, publicly display, reproduce, create derivative works of and distribute such User Content together with your name and location (city, state and/or country) for any purpose including, but not limited to, developing and improving services and information offered through the Site, reproduction, disclosure to third parties, broadcasting, transmission, promotion, posting or otherwise in any media format or channel now known or hereafter developed. This license does not entitle you to any payment from Flexcoupons for any reason. Flexcoupons is not obligated to publish, display or post any User Content publicly.
You further agree that you will not upload, publish, display, transmit, post or submit any User Content on or through this Site that is libelous, abusive, obscene, or otherwise contrary to applicable local, federal, or international laws and regulations. You are solely responsible for the content of any information you provide to Flexcoupons.
Without limiting the disclaimer of warranties set forth below, all Site Content is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. Flexcoupons is not liable for any inaccuracies, errors, omissions or miscalculations in any of the Site Content, nor are we liable for your reliance on the Site Content, or any occurrences, outcomes or results relating to or arising from such reliance, whether or not such consequences were foreseeable. Flexcoupons is not responsible for any statements, warranties, representations, offers, events or advertisements made by any third party in Site Content.
DISCLAIMER OF WARRANTIES
Flexcoupons AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE CONTENT, INFORMATION, SERVICES, OR MATERIALS CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH OR AS A RESULT OF INFORMATION PROVIDED BY THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
Flexcoupons AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE OR INFORMATION PROVIDED BY THIS SITE, INCLUDING BUT NOT LIMITED TO ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR WITH RESPECT TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF ANY CONTENT, INFORMATION, SERVICES, OR OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE OR ANY SITES LINKED TO OR FROM THE SITE. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. YOU AGREE THAT YOU HAVE RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT.
Flexcoupons AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS DO NOT WARRANT THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
IN THE EVENT THAT ANY APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Flexcoupons OR ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, THE PRODUCTS OR SERVICES LISTED ON THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Flexcoupons OR ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, ADVERTISERS, VENDORS, OR PRODUCT OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to defend, indemnify, and hold harmless Flexcoupons, its advertisers, vendors, product and service providers, licensors, parents, subsidiaries and other affiliated companies, and their employees, contractors, members, managers, officers, shareholders, agents and directors from all liabilities, claims, losses, damages, obligations, costs, and expenses, including attorney's fees, that arise from or relate to (a) your use of and access to this Site, or any services, information or products from this Site; (b) your violation or breach of any of the terms of this Agreement or your representations and warranties; (c) your violation of the rights of any third party, including but not limited to any copyright, property, or privacy right; or (d) any claim that one or more of your submissions to the Site has caused damage to a third party. This defense and indemnification obligation will survive your use of the Site. Flexcoupons reserves the right to assume the exclusive defense and control of any claim for which we or any of the indemnitees listed above are entitled to indemnification hereunder. In such event, you shall pay all fees and costs for such defense and shall provide us with such cooperation at no charge as is reasonably requested by us to assert any available defenses.
Flexcoupons suspend or terminate this Agreement or a user's use immediately upon receipt of any notice which alleges that a user has used this Site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, Flexcoupons may disclose the user's identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Flexcoupons shall not be liable for damages or results thereof and user agrees not to bring any action or claim against Flexcoupons for such disclosure.
TRANSFER OF RIGHTS
This Agreement, and any rights and licenses granted hereunder, may not be assigned or transferred by you, but may be assigned by Flexcoupons without restriction.
CHOICE OF LAW AND FORUM
This Site (excluding third party linked sites) is controlled by Flexcoupons from its offices within New-Brunswick in Canada. It can be accessed from all Canadian as well as from other countries around the world to the extent permitted by the Site and applicable law. As each of these places has laws that may differ from New-Brunswick, by accessing this Site, both you and Flexcoupons agree that the statutes and laws of the New-Brunswick shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this Site, without regard to conflicts of laws principles thereof. You and Flexcoupons also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of New-Brunswick and any legal proceedings shall be conducted in French. Flexcoupons makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED HEREIN.