Terms and Conditions
Website Ownership and Permitted Use
Browsing of the Website’s public pages is provided free of charge to any person. However, access to certain functionalities of the Website and/or Services will require you to register with and provide certain information to PunchTab. By registering as a user, you agree to be bound by the PunchTab Rewards Program Rules available at: http://www.punchtab.com/loyalty/rules. We reserve the right to decline to provide Services to any person for any or no reason. If and when you provide information to PunchTab, you agree to (a) provide accurate, current and complete information about yourself as prompted (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Website and/or Services.
Acceptable Use Policy
You agree to abide by all applicable local, state, national and foreign laws, rules and regulations in connection with your use of the Website and Services. In addition, you agree that you will not do any of the following while using or accessing the Website or Services:
- Disable, hack, circumvent or otherwise interfere with security-related features of the Website or with any features that prevent or restrict use or copying of any PunchTab content or materials;
- • Use any metadata, meta tags or other hidden text utilizing a PunchTab name, trademark, URL or product name;
- • In any way use the Website or Services to send altered, deceptive or false source-identifying information;
- • Use any scripts, programs or other automated means to access the Website or Services, or otherwise engage in any ‘data scraping’ or data gathering practices with respect to the Website or Services;
- • Upload, submit, post, email, or otherwise transmit, via the Website or Services, any content or materials that are unlawful, harmful, threatening, obscene, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in the sole opinion of PunchTab;
- • Destroy, interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Website, servers or networks connected to the Website or the technical delivery systems of PunchTab’s providers or break any requirements, procedures, policies or regulations of networks connected to the Website;
- • Attempt to scan, probe or test the vulnerability of any PunchTab system or network or breach or impair or circumvent any security or authentication measures protecting and providing security for the Website or Services;
- • Attempt to decompile, disassemble, decipher or reverse engineer any of the software used to provide the Website or Services;
- • Attempt to search, meta-search or access the Website with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by PunchTab or other generally available third-party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera), including any software that sends queries to the Website to determine how a website or web page ranks;
- • Collect or store personal data about other users of the Website or the Services without their express and explicit permission;
- • Misrepresent or impersonate your affiliation with any person or entity, or otherwise commit fraud;
No Use By Children Under 13
You hereby affirm that you are at least 13 years old, as this Website is not intended for use by children under 13 years of age. If you are under 13 years of age, please do not use the Website or Services.
PunchTab wishes to inform you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the website of GetNetWise.org (http://www.getnetwise.org/).
THE WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND WEBSITE IS CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE WEBSITE, OR YOUR USE OF THE WEBSITE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE WEBSITE, OR ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE WEBSITE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PUNCHTAB DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE WEBSITE EITHER IN TERMS OF ITS COMPATABILITY WITH HARDWARE OR OTHER SOFTWARE OR EQUIPMENT, AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND/OR SERVICES AND INFORMATION AND YOUR RELIANCE THEREON.
Limitation of Liability
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER PUNCHTAB NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY MANNER TO THE WEBSITE, SERVICES, OR ANY LINKED WEBSITE, WHETHER OR NOT PUNCHTAB HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY WITH RESPECT TO THIS WEBSITE OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE OR LINKED WEBSITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF PUNCHTAB TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES OR ANY LINKED WEBSITE SHALL BE $100.
The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
If you believe in good faith that materials on the PunchTab Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow PunchTab to locate the material on the Website; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) 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; and (f) 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.
Notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Website should be sent to:
2390 El Camino Real, Suite 100, Palo Alto, CA 94306
We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.
Term and Termination
Dispute Resolution/Governing Law
Last Updated: March 5, 2012