InviteDeals

Terms of Use

 

Introduction

Welcome to the InviteDeals website. Please carefully review the Terms of Use before using the InviteDeals website and service. Any use of this website creates a binding agreement to comply with these terms and conditions. If you do not agree to these terms, you should exit this site immediately.

The following are terms of a legal agreement (the "Agreement") between you and Vizsla Systems, Inc. dba InviteDeals. ("InviteDeals", "we", or "us") that sets forth the terms and conditions for your use of this website, the mobile and touch versions, and any sites that we have now or in the future that reference these Terms of Use (collectively, the “Site”). The Site is owned and operated by Vizsla Systems, Inc., a California corporation.

This Site is expressly provided to you subject to this Agreement. By accessing, browsing and/or using this site ("Site"), you hereby acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. You also agree to our Privacy Policy, located at Privacy Statement, and acknowledge and confirm that you will visit the Terms of Use from time to time to familiarize yourself with any subsequent updates. The terms and conditions of this Agreement form an essential basis of our bargain.

Effective Date

The effective date of this Agreement is July 9th, 2015.

About the Site

The Site is a platform through which certain, pre-selected merchants (hereinafter “Merchants”) provide and make available limited-time discount offers (“Invite” or “Invites“ or “Invite voucher” or “Deal” or “Deals”). Merchant is solely responsible to you for the care, quality, and availability of the goods and/or services it provides to you.

All Invite Vouchers, available programs, and pricing information on the Site may change at any time in InviteDeals discretion without notice.

Registration and Account Security

To access the InviteDeals service, you may be asked to provide certain registration details, or authorize InviteDeals to have access to third party software and pull information from other sources. You agree and represent that the information you provide to register an account with us and to use our Products and Services is governed by this Agreement and our Privacy Policy and consent to all actions we take with respect to your information as consistent with our Privacy Policy.

You agree that you will not provide any false personal information on InviteDeals or create an account for anyone other than yourself without permission.

You will not create more than one personal account. If we deactivate your account, you will not create another one without our permission.

You will not let anyone else access your account, share your password, or do anything else that might jeopardize the security of your account.

Prohibited Uses

Use of this website is limited to the contemplated functionality. The website shall not be used in any way that:

•             Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);

•             Is unlawful, fraudulent, or deceptive;

•             Is pornographic, spiteful, inciteful, libelous, slanderous, threatening, harassing, hateful, discriminatory, racially or ethnically offensive, abusive, violent, humiliating to or bullying of other people or inflammatory;

•             Uses technology or other means to access unauthorized content or non-public spaces;

•             Uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces;

•             Attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

•             Attempts to damage, disable, overburden, or impair InviteDeals’ servers or networks;

•             Attempts to gain unauthorized access to an InviteDeals computer network;

•             Attempts to gain unauthorized access to InviteDeals user accounts;

•             Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;

•             Violates this Agreement in any manner;

•             Fails to comply with applicable third-party terms and conditions or other third-party policies;

•             Violates a third party’s copyrights, trade secrets, trademarks, privacy rights, publicity rights, or other intellectual or proprietary rights;

•             Reveals or discloses content or information that you do not have the right to disclose under a given law, contractual obligation, or fiduciary relationship;

•             Creates a risk of harm, loss, emotional distress, or physical or mental injury to yourself, any other person, or any animal;

•             Is harmful to or exploitive of children, or that includes images or videos of children without first obtaining the consent of their parent or guardian.  

This is not a complete list, but intended to simply be examples of prohibited uses.

InviteDeals reserves the right, at its sole discretion, to terminate any account, remove any content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to content or use of the website, that InviteDeals reasonably believes is or might be in violation of this Agreement. Failure or delay in taking such actions does not constitute a waiver of its rights to enforce this Agreement.

Terms for Invite Vouchers Offered by Merchants

Invite Vouchers are offered by Merchants to consumers as specified on the face of the Invite Voucher and are subject to any additional terms and conditions as specified by the Merchant in the Fine Print. By obtaining an Invite voucher through the Site, you acquire the right to redeem the Invite Voucher with the Merchant.

As the issuer of the Invite Voucher, the Merchant shall be fully responsible for any and all liabilities, caused in whole or in part by the Merchant, as well as for any liabilities arising from any regulatory action. Invite Vouchers have no cash or residual value. InviteDeals does not make any warranty in relation to the Invite Vouchers, including, without limitation, their validity and/or value. InviteDeals is not a party to any transaction that the Merchant and you may enter into as a result of you selecting, downloading, redeeming or using any Invite Vouchers.

Ownership and License Agreement

The Site, any content on the Site, the infrastructure used to provide the Site, and any downloadable software applications provided by InviteDeals are owned by InviteDeals, our affiliates, Merchants, and other content providers. By using the Site and any downloadable software applications provided by InviteDeals, InviteDeals grants you a limited, nontransferable, nonexclusive, revocable license to use the Site and any downloadable software applications provided by InviteDeals pursuant to the terms of this Agreement and to any additional terms and polices set forth by InviteDeals.

The Site, any content on the Site, the infrastructure used to provide the Site, and any downloadable software applications provided by InviteDeals is licensed, not sold, to you by InviteDeals for use only under the terms of this Agreement, and InviteDeals reserves all rights not expressly granted to you.

This License does not grant you any rights to use InviteDeals proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories for use with the InviteDeals service.

Except as and only to the extent permitted by applicable law, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Site, any content on the Site, the infrastructure used to provide the Site, and any downloadable software applications provided by InviteDeals. Any attempt to do so is a violation of the rights of InviteDeals. If you breach this restriction, you may be subject to prosecution and damages.

Availability of the Site

While InviteDeals uses reasonable efforts to keep the Site and your account accessible, the Site may be unavailable from time to time. You understand and agree that there may be interruptions in service due to circumstances both within our control, such as routine maintenance, and outside of our control.

Links to Third Party Websites

This site may contain links to web sites controlled, owned and operated by third parties (the "third-party sites"). InviteDeals cannot control and has no responsibility for the accuracy or availability of information provided on the third-party sites. You acknowledge that use of any third-party sites is governed by the terms of use for those websites and not by this Agreement. Links to third-party sites do not constitute an endorsement or recommendation by InviteDeals of such sites or the content, products, advertising or other materials presented on such sites, but are only for your convenience and you access them at your own risk. Such third-party sites may have a privacy policy different from that of InviteDeals and the third-party site may provide less security than this site. We are not responsible for the content of any third-party web sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any third-party websites, and InviteDeals shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such sites or otherwise.

Intellectual Property

Copyright Interests Held by InviteDeals

The copyright in all material on this Site, including without limitation the text, data, articles, design, source code, software, photos, images and other information (collectively the "Content"), is held by InviteDeals or by the original creator of the material and is protected by U.S. and International copyright laws and treaties. You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of InviteDeals. You acknowledge that the content is and shall remain the property of InviteDeals or by the original creator. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.

Copyright Complaints

If you believe, in good faith, that any materials on the site infringe your copyrights, notifications of claimed copyright infringement should be emailed or mailed to InviteDeals' designated agent:

By courier or mail:

Vizsla Systems, Inc. dba InviteDeals.

PO Box: 242

Alviso, CA 95002-0242

ATTN: Legal Department

Or By email: legal@InviteDeals.com

 Notifications must include:

•             A description of the copyrighted work that you claim has been infringed;

•             a description of where the material you claim is infringing is located on the Site;

•             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; and

•             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 duly authorized to act on the copyright owner's behalf; and

•             an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

We will respond to such notices and comply with applicable law. We reserve the right to remove infringing or allegedly infringing content for any reason without prior notice and at our sole discretion.

 Trademarks

InviteDeals (including the InviteDeals logo), InviteDeals.com, and all related logos (collectively the "InviteDeals Trademarks"), whether registered, unregistered or pending approval, that appear on the Site are trademarks or service marks of InviteDeals.

Other company, product, and service names and logos used and displayed on this site may be trademarks or service marks owned by Vizsla Systems, Inc. or others.

Nothing on this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the InviteDeals Trademarks displayed on this site, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the site unless in accordance with written authorization by us. We prohibit use of any of the InviteDeals Trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance. Any questions concerning any InviteDeals Trademarks or whether any mark or logo is an InviteDeals trademark, should be referred to Vizsla Systems, Inc.

User-Generated Content

You may generate content, written or otherwise, while using the website. Any content you post must comply with the content standards as set forth in this Agreement.

Any information you post, approve to be posted, submit, publish, display or transmit through InviteDeals may become publically available depending on your account settings. You represent and warrant that you own or control all rights in any information you provide and that this information complies with this Agreement. You understand and acknowledge that you are responsible for any content you submit or contribute, and you, not InviteDeals, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any content posted or approved to be posted by you or any other user of our services.

For any content you post or approve to be posted, which are subject to intellectual property rights (such as music, videos, photos, etc.), you explicitly grant InviteDeals a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use such content. Any content you remove or delete from InviteDeals may persist on our servers and if shared with others or by others, it may continue to exist on InviteDeals or with its affiliates. By providing content through the InviteDeals service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assign the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that you own or control all rights in and to the content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns. You further represent and warrant that all of your content submissions do and will comply with this Agreement.

We are not responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of InviteDeals.

Age Restriction and Minors

Only individuals eighteen (18) years of age or older may use this website. InviteDeals is not for minors under the age of 18. If you are under the age of 18, InviteDeals requests that you leave this website and stop usage of the InviteDeals services immediately.

We ask that users avoid submitting information that can specifically identify on a map physical place of residence or play of a minor under the age of 18.

Disclaimer of Warranties

NONE OF INVITEDEALS, ANY OF ITS AFFILIATES, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY THE "INVITEDEALS PARTIES") GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT AND INVITEDEALS DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.

THIS SITE AND ALL OF THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. INVITEDEALS PARTIES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

INVITEDEALS MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND SITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND INVITEDEALS PARTIES DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. INVITEDEALS RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS SITE COULD CONTAIN TECHNICAL INACCURACIES OR TYOPOGRAPHICAL ERRORS. USE OF THIS SITE IS AT YOUR OWN RISK.

Limitation/Release of Liability

UNDER NO CIRCUMSTANCES WILL INVITEDEALS PARTIES BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE CONTENT, THE SITE OR ANY THIRD-PARTY SITE TO WHICH THIS SITE IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF INVITEDEALS PARTIES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. INVITEDEALS IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT INVITEDEALS PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE AMOUNT THAT YOU PAY TO INVITEDEALS FOR USE OF THE SITE IN THE ONE MONTH PERIOD PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

You release, to the fullest extent permitted by law, InviteDeals, its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the use of the InviteDeals services.

We do not promise that any aspect of our software or service will perform properly and/or continuously. Please note that since some jurisdictions do not allow warranty exclusions, these may not apply to you.

If you have a dispute between another InviteDeals user that occurs through the use of the InviteDeals service, you release InviteDeals from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or connected with such disputes.

If you are a California resident, you agree to waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Indemnification

You agree to indemnify and hold harmless InviteDeals and its Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by the InviteDeals Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. InviteDeals Parties 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 InviteDeals. You further agree to indemnify and hold harmless InviteDeals Parties from any claim arising from a third party's use of information or materials of any kind that you post to the Site.

Third Party Marketing

We will not sell or transfer your personally identifiable information to third party marketers without first obtaining your express consent. Our full Privacy Policy explains this in greater detail.

Governing Law

 These Terms of Use and the relationship between you and InviteDeals will be governed by the laws of the State of California, USA, without giving effect to principles of conflict of laws of any jurisdiction. Any disputes or claims between you and InviteDeals shall be resolved exclusively through final and binding arbitration.

All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the Site and/or the Content must and will be resolved exclusively by a federal or state court located in Santa Clara, California. You agree to submit to the personal jurisdiction of courts located in Santa Clara, California for litigating such claims or disputes.

Termination

This Agreement is effective until terminated by InviteDeals. InviteDeals may terminate this Agreement at any time without notice or suspend or terminate your access and use of the site at any time, with or without cause, in InviteDeals's absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions and any other provision that by its terms survives termination of your use or access to the site.

Force Majeure

InviteDeals shall be excused from performance under this Agreement, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of InviteDeals.

Additional Terms and Other Agreements

Certain sections or pages on the site may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

This Agreement shall be subject to any other agreements you have entered into with InviteDeals.

General Information

This Agreement supersedes any previous Terms of Use Agreement to which you and InviteDeals may have been bound.

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 the Agreement.

All rights not expressly granted herein are hereby reserved.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

This Agreement was written in English. To the extent that any translations of this Agreement exist, the English version controls.

Nothing in this Agreement shall prevent us from complying with the law.

This Agreement does not confer any third party beneficiary rights, nor does it create any agency, partnership, joint venture, employment or franchise relationship between yourself and InviteDeals.

Waiver

Failure by InviteDeals to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

Only a specific, written waiver signed by an authorized representative of InviteDeals shall have any legal effect as a waiver by InviteDeals of any terms of this Agreement.

Severability

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 the Agreement shall remain in full force and effect.

Modification

We reserve the right to amend this Agreement in its sole discretion at any time. When substantive changes are made to the terms of this Agreement. InviteDeals will post a date in the section of this agreement labeled “Effective Date” reflecting the date on which the agreement has last been modified. You should check this webpage periodically for any changes or updates. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes.