1. OUR WEBSITE:
Our Website is a social networking-based website dedicated to sharing the promotions and offers of our advertisers with members of our community. Our App is included in the definition of our Website. We make regular blog postings advising users of new promotions and offers, and then we provide the tools by which users can accept an offer or promotion from an advertiser, or share information about such promotion or offer with members of their third party social networks.
2. SIGN-UP: Registration is not required to use our Website, but you will only be able to receive samples or freebies if you specifically sign up to receive them. If you elect to sign up, you will be asked to provide your name, email address, address, phone number, and date of birth. In an effort to provide you with the most relevant samples or freebies available, you may also be asked to provide other information including but not limited to your relationship status, whether or not you ever use coupons, health matters, and your employment status.
3. INTELLECTUAL PROPERTY: We and our licensors own all intellectual property in the Website, including but not limited to the trademarks and logos, code, databases, design features, and content (such as text, images, artwork, audio, and video files). You may not reproduce, display, copy, distribute or otherwise use for any commercial purposes any portion of this Website without the permission of us or our licensors as appropriate. If for any reason at any time you seek the ability to reuse any copyrightable material or trademarks, please contact us in order to enter into a license, which will authorize your intended use of the materials.
Your dealings with any third party with whom you connect through this Website are solely between you and such third party. You are solely responsible for exercising common sense and reasonable caution in any dealing with any third party advertiser, with whom you are connected through this Website. You agree that we will not be responsible or liable for any loss, damage, or other liabilities incurred as a result of your interactions with such third parties. You assume the sole risk of loss and liability of your interaction with any third party linked to this Website. In the event that you ever have a complaint against such third party, you should contact such third party directly regarding your issue.
5. COMMENTS AND LIKENESS: Our Website provides users the ability to make comments on our Website or to provided comments and feedback on third party social media web pages built to advertise or promote our Website. If you make comments, then you are solely responsible for ensuring that your comments are appropriate and not illegal, obscene, threatening, harassing, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable, and that they do not constitute or contain viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
You hereby grant to us a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, adapt, publish, translate, create derivative works from, distribute, and display such comments and any likeness or pictures posted of yourself or your profile pictures on the Website and on any third party social media web pages built to market and advertise or promote this Website; to reproduce or store the comments on our computers and servers; to make any modifications or reformatting necessary to publish and display the comments on the Website; and to grant sublicenses to third parties. We reserve the right to monitor and remove any comments at any time without notice.
6. COPYRIGHT INFRINGEMENT : This Website respects third party intellectual property rights, so please notify our designated agent for copyright infringement immediately if you ever suspect that your copyright in any Content has been infringed. All notifications should include the following information:
Identification of the copyright owner; Description of the infringed right; Location of infringing Content; Your contact information, including address, telephone number, and email address; and Confirmation of your identity, made under penalty of perjury.
DMCA Policy We are in compliance with 17 U.S.C. Section 512 and the Digital Millennium Copyright Act (DMCA). You can view the explanation of the act at www.copyright.gov/legislation/dmca.pdf. It is our policy to respond to any infringement notices and take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. If your copyrighted material has been posted on our web site and you want this material removed, you must provide a written communication that details the information listed in the following section. Please be aware that you will be liable for damages (including costs and attorneys’ fees), responsible for civil penalties and subject to criminal prosecution for perjury if you misrepresent information listed on our site that is infringing on your copyrights. The following elements must be included in your copyright infringement claim: Provide evidence of the authorized person to act on behalf of the owner of an exclusive right that is allegedly infringed. Provide sufficient contact information so that we may contact you. You must also include a valid email address. You must identify in sufficient detail the copyrighted work claimed to have been infringed. This must include specific description and location of where the material in question is located on our website so that we may identify and locate the material. You must provide a detailed description of the specific location of where the original copyrighted material is. 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. 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. Must be signed by the authorized person to act on behalf of the owner of an exclusive right that is allegedly being infringed. In order to make a claim of copyright infringement against Share Your Freebies, written notification must be sent to the Designated Agent. Our designated agent for copyright infringement is John Graves, P.C., who may be contacted at the following address: 1540 Keller Parkway, Suite 108, PMB 323, Keller, TX 76248. You must send an electronic copy to: info@SmarterInsider.com. Once Proper Bona Fide Infringement Notification Is Received by the Designated Agent it is Company’s policy to do the following: Remove or disable access to the allegedly infringing material . To notify the content provider, user or member that it has removed or disabled the material . Repeat offenders will have the infringing material removed from the system and that Company’ will terminate said content provider’s access to the service.
7. MAINTENANCE OF WEBSITE: We employ commercially reasonable practices to maintain our Website and keep it operational. If we identify malware, bugs, errors, or other technical problems, then we will promptly assign technicians to address and resolve the issue. If you find an issue with our Website at any time, please promptly notify us of the problem. Your notice should include the following information: A full description of the incident and how it arose; A description of any error message; A description of how you discovered the incident. We cannot guarantee continuous access to our Website, nor can we assume any liability for any delay, interruption or downtime. Furthermore, we cannot guarantee that the Website will be free of malware and destructive software at all times, although we make commercially reasonable efforts to keep the Website free of malware, spyware, and viruses.
8. PROHIBITED CONDUCT ON OUR WEBSITE: Our Website should only be used by users who are acting appropriately on our Website. The following activities are all considered to be “prohibited conduct”: Posting or submitting to the Website any information in which you impersonate or claim to be any third party, or in which you misrepresent your affiliation with another person or entity; Using the Website for any illegal purpose; Sharing information or initiating communications with information you are under an obligation not to disclose; Deciphering, decompiling, disassembling, copying, duplicating, aggregating, or reverse engineering all or part of the Website; Taking any action that disrupts, tampers with, interferes, or imposes an unreasonable burden on the Website or platform’s infrastructure, servers, data, or network; Using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website or platform other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, Chrome, and Safari); Posting or submitting any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Website, or of any computer software, hardware, or telecommunications equipment; Using any means of automatically searching or mining data from the Website, or in any way attempting to interfere with the proper working of the Website; or Stalking, harassing, or threatening any user of the Website. We reserve the right to suspend or cancel the account of any registered user who does not appropriately use the Website. If you become aware of any inappropriate conduct, please notify us at our email address at info@SmarterInsider.com
9. LIMITATION OF LIABILITY; CONSEQUENTIAL DAMAGES : You agree that we will not be liable to you for any indirect, consequential, special, punitive, or exemplary damages arising out of or in connection with your reliance on this Website and any educational content posted herein, your use of any coupon or discount offers referenced on our Website, or your interaction with any third parties as a result of this Website, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages). Our liability to you shall in no event exceed the total aggregate amount of One Hundred Dollars ($100.00) for all claims. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.
10. WARRANTY; DISCLAIMER You agree and acknowledge that all content provided on this Website is provided on an “as is” basis. You solely assume all risks for the use of this Website and your reliance on any content posted herein. We expressly disclaim any liability for interacting or doing business with any advertiser which has any information, freebie, coupon, deal, sample, sweepstakes, or discount offer posted to this Website. You acknowledge and agree that we do not pre-screen third parties who use our Website, and you assume all risks for conducting adequate due diligence on such third party before doing business or further interacting with such party. You acknowledge and agree that we cannot make any warranties or representations about the quality of any item or an offer advertised on our Website, or any guarantees that you will be satisfied with any purchase.
TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE FURTHER DISCLAIM ANY LIABILITY FOR ANY LOSS OR DAMAGE OF ANY KIND TO YOUR COMPUTER, YOUR INTERNET ACCESS, OR YOUR DATA AS A RESULT OF YOUR USE OF THIS WEBSITE. WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THIS WEBSITE WILL OPERATE BUG-FREE, ERROR-FREE, CONTINUOUSLY, OR UNINTERRUPTED.
FOR THE AVOIDANCE OF DOUBT, NO CONTENT ON THIS WEBSITE SHOULD BE READ AS AN ENDORSEMENT OF ANY THIRD PARTY, ITS WEBSITE, OR ITS PRODUCTS AND SERVICES. WE DISCLAIM ALL RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS MADE IN ANY ADVERTISEMENT. COUPON OR OFFER, OR FROM ANY ADVERSE CONSEQUENCES WHICH ARISE FROM YOUR MAKING A PURCHASE OF AN ITEM ADVERTISED ON OUR WEBSITE OR INTERACTING WITH ANY THIRD PARTY WITH WHOM YOU ARE INTRODUCED THROUGH THIS WEBSITE.
We expressly disclaim any liability for the accuracy, reliability, completeness, or validity of any information, freebies, coupons, deals, samples, sweepstakes, and discount offers posted to this Website, or for the quality of any product or service that you purchase as a result of a coupon, deal, or discount offer made available through this Website. In addition, we disclaim any liability for the continued availability of and/or your receipt of any freebies, coupons, deals, samples, or discount offers featured on our Website, AS WELL AS any liability for any failure BY AN ADVERTISER to honor FOR ANY REASON any freebie, coupon, deal, sample, or discount offer listed on our Website.
12. RELEASE OF CLAIMS : To the maximum extent permitted by applicable law, you hereby release our officers, directors, employees, independent contractors, representatives, and agents and waive all liability for claims, damages (actual and or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to (a) your use of this Website, (b) your purchase of any item advertised on this Website, (c) your reliance on any discount, offer, or couponing strategy referenced on this Website, or (d) your decision to interact or do business with any third party introduced to your through this Website. If applicable, you waive your rights under California Civil Code Section 1542, which states, “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.”
13. ELIGIBILITY TO USE OUR WEBSITE: Only adults who are eighteen (18) years old or older, are able, and are competent are eligible to register to use this Website.
16. FEEDBACK; SUGGESTIONS: Feedback and suggestions are encouraged on this Website. If you provide such feedback to use, however, you agree and acknowledge that we have the right to use the ideas or feedback you provide. You agree to grant to us an exclusive, perpetual, royalty-free, transferable, worldwide license with the right to grant sublicenses to use, display, copy, publish, republish, and incorporate your messages and feedback into our intellectual property.