Terms and Conditions

Please read the following terms and conditions of use of this website ("Terms of Use"). These Terms of Use form a contract between you and PunchTab, Inc. (“PunchTab”) that governs your access to and use of the PunchTab website, http:///www.punchtab.com, and the content and information therein (the “Website”), including any related PunchTab services (the “Services”) regardless of where your access or use originates (e.g., whether in the U.S. or not). By using the Services and/or the Website you agree to be bound by these Terms of Use. PunchTab reserves the right to modify or discontinue the Website and/or Services, and to modify or terminate these Terms of Use, at any time, without notice, except as required by applicable law. Any modified terms and conditions will be effective upon posting on the Website, except where a longer notice period is required by applicable law. By continuing to use or access the Website and/or Services after PunchTab makes any such modifications, you agree to be bound by the revised Terms of Use.

YOU UNDERSTAND THAT BY USING THE WEBSITE OR SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE OR SERVICES.

Website Ownership and Permitted Use

The Website is owned and operated by PunchTab, and the Services (and all intellectual property and other rights relating thereto) are and will remain the property of PunchTab and its licensors. The Website and Services are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in these Terms of Use, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Website or any Service without the prior written permission of PunchTab. You acknowledge that you do not acquire any ownership rights by using the Website or any Services. The Website and Services may be used solely (a) to the extent permitted in these Terms of Use or (b) as expressly authorized in writing by PunchTab. At all times, access and use of the Website and Services are restricted to only lawful purposes.

PunchTab reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Website and/or Services, or any part or portion thereof, with or without notice to you. You agree that PunchTab shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or Services, or any part of portion thereof. Nothing in these Terms of Use shall be construed to obligate PunchTab to maintain and support the Website and/or Services, or any part or portion thereof, during the term of these Terms of Use.

The trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are the registered and unregistered trademarks of PunchTab and/or others. Nothing contained in these Terms of Use or the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of PunchTab or the third party owner of any such Trademark.

Submitted Content

You agree that any ideas, feedback, information, materials or content that you provide, submit, upload or otherwise transmit to PunchTab (“User Content”) will be available for our use free of any obligations to you, and you hereby (a) grant to PunchTab a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to any and all rights in the User Content including all copyrights therein, for any exploitation by PunchTab and/or by any person authorized by PunchTab, by any means and in all media now known or hereafter devised, without payment to you or any third party, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you; (c) appoint PunchTab as your agent with full power to enter into any document and/or do any act PunchTab may consider appropriate to confirm the grant and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; and (e) confirm that no such User Content is subject to any obligation, of confidence or otherwise, to you or any third party, and that PunchTab shall not be liable for any use or disclosure of such User Content.

User Registration

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;
  • • Use the Website or Services in any manner not permitted by these Terms of Use; or
  • • Instruct or encourage any other individual to do any of the foregoing or to break and/or violate any term of these Terms of Use.

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/).

Third-Party Links

The Website may contain links to third-party websites for your convenience. PunchTab does not control such linked websites or the content provided through such websites, and PunchTab has not reviewed, in their entirety, such websites. Your use of such linked websites is subject to the privacy practices and terms of use established by each such linked website, and PunchTab disclaims all liability for such use. Such links do not indicate any approval or endorsement by PunchTab of any such linked website or any material contained on any such linked website, and PunchTab disclaims any such approval or endorsement. Further, descriptions of, or references to, third-party products, services or publications within the Website do not imply endorsement of, and PunchTab is not responsible for and disclaims any endorsement of, any such product, service or publication.

Warranty Disclaimer

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.

Indemnification

You agree that you will indemnify and hold harmless, and upon PunchTab’s request, defend, PunchTab and its directors, officers, shareholders, employees and agents from and against any and all losses, liabilities, damages, costs, expenses (including reasonable counsel fees), actions, suits and claims arising from any breach of any of your obligations, representations or warranties in these Terms of Use. If PunchTab asks you to defend any such action, suit or claim, PunchTab will have the right, at its own expense, to participate in the defense thereof. You will not settle any third-party claims for which PunchTab is entitled to indemnification without the prior written approval of PunchTab.

Privacy Policy

You understand that any personal information you submit to PunchTab via the Website will be treated by PunchTab in the manner described in the PunchTab Privacy Policy, available at http://www.punchtab.com/privacy.

Copyright Policy

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:

Copyright Agent
PunchTab, Inc.
2390 El Camino Real, Suite 100, Palo Alto, CA 94306
legal@PunchTab.com

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.

Non-U.S. Users

PunchTab makes no representation that the Website operates (or is legally permitted to operate) in all geographic areas, or that the Website or Services are appropriate or available for use in other locations. Accessing the Website from territories where the Website, or any content or functionality of the Website or portion thereof, is illegal is expressly prohibited. If you choose to access the Website, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws. By accessing the Website or Services, you acknowledge that you are bound by this Terms of Use and that your geographic location does not relieve or excuse you from any obligations under these Terms of Use.

Term and Termination

These Terms of Use are effective from the date that you first access the Website or submit any information to PunchTab via the Website, whichever is earlier, and shall remain effective until terminated in accordance with these Terms of Use. PunchTab may immediately terminate these Terms of Use, and/or your access to and use of the Website, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. PunchTab may also terminate these Terms of Use immediately if you fail to comply with any term or provision of these Terms of Use. Upon termination of these Terms of Use by either party, your right to use the Website and Services shall immediately cease, and you shall destroy all copies of information that you have obtained from the Website, whether made under the terms of these Terms of Use or otherwise. All disclaimers and all limitations of liability, and all PunchTab rights of ownership, shall survive any termination or expiration of these Terms of Use. No refunds for Grow & Expand tiers.

Dispute Resolution/Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding that body of law relating to conflict of laws. The parties agree that any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, will be settled by binding arbitration in accordance with California Code of Civil Procedure Section 1280 et seq., and the then-current rules and procedures of JAMS. The arbitration shall be a confidential proceeding, closed to the general public. The arbitration will take place in Santa Clara County, California and be conducted in the English language. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the jurisdiction of all federal and state courts in California. Venue will lie exclusively in Santa Clara County, California. For the sake of clarity, nothing in this paragraph shall affect PunchTab’s ability to seek from a court injunctive or equitable relief at any time.

If any arbitration or other proceeding is brought to enforce or interpret these Terms of Use or matters relating to it, the substantially prevailing party, as determined by the arbitrator’s award, will be entitled to recover reasonable attorneys’ fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled.

Miscellaneous

You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between you and PunchTab relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and PunchTab with respect to such subject matter. These Terms of Use may not be changed, waived or modified except by PunchTab as provided herein or otherwise by written instrument signed by PunchTab. These Terms of Use or any right, obligation, or remedy hereunder is not assignable, transferable, delegatable, or sublicensable by you except with PunchTab’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. PunchTab may assign, transfer, or delegate these Terms of Use or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. PunchTab shall have no liability under these Terms of Use to the extent arising from any failure of PunchTab to perform any of its obligations under these Terms of Use due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labor disputes, or any other event not within PunchTab’s reasonable control.

Last Updated: March 5, 2012