Terms and Conditions: Smash Rewards, LLC (“Smash Rewards”) offers and provides the Web pages available at the World Wide Web site located at www.smashrewards.com (the “Site”) and provides the mobile messaging service available at this Site (the “Services”) to Smash Rewards members and the general public. Such services are designed to market and advertise goods and services of various merchants to potential consumers of such goods and services.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY WHEN ACCESSING THE SITE. BY ACCESSING THE SITE, YOU SIGNIFY YOUR AGREEMENT TO ALL OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OR ACCESS THIS SITE.
Only individuals 18 years of age or older who reside in the United States of America may submit information to the Site in order to become a member of the Service. Individuals under the age of 18 may only utilize the Service with permission from a parent or legal guardian, but in no event may anyone 13 years old or younger submit information to the Site. If you are not yet 18 years old, or do not reside in the United States, please do not submit any personal information via the Site. By using or attempting to use the Site, you certify that you are at least 18 years of age, or 13 years of age and have permission from a parent or legal guardian to use the Site and the Services, and meet any other eligibility and residency requirements of the Site. You may not submit information to the Site for anyone who does not meet the requirements of this paragraph.
Modifications. The Internet and this Site are constantly evolving. Smash Rewards reserves the right to at any time change or modify these Terms and Conditions of Use or to impose new conditions with respect to your use of this Site. Smash Rewards shall also have the right at any time to change or discontinue any aspect of or feature of this Site, including but not limited to content, functionality, and means of access or use. Such changes, modifications, or additions shall be effective immediately upon notice to you, which may be given by means including but not limited to posting on these Terms and Conditions of Use or elsewhere on the Site, electronic mail, or any means by which you obtain actual knowledge.
Registration: Access to portions of the Site is limited to members who have chosen a user ID and password by registering on the Site. If you have registered on the Site, you represent and warrant that all information that you have provided to Smash Rewards (such information being the “Registration Data”) is true, accurate, current and complete. Your user ID and password are personal to you and you may not allow any others to use your user ID or password under any circumstances. Smash Rewards is not liable for any harm caused or related to the theft or misappropriation of your user ID or password, disclosure of your user ID or password, or your authorization of anyone else to use your user ID or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user ID or password or any other need to deactivate your user ID or password due to security concerns. You also agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you have provided or provide any Registration Data that is untrue, inaccurate, not current or incomplete or otherwise fail to comply with any of these Terms and Conditions of Use, or Smash Rewards has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete or that you have otherwise failed to comply with any of these Terms and Conditions of Use, Smash Rewards has the right, without prior notice to you, to suspend or terminate your account and refuse any and all current or future use of any portion of the Site. Please read our Privacy Policy, which describes the personally identifiable information that we collect, use, disclose, manage and store.
Cost: Users who use or register for Smash Rewards’ wireless marketing services acknowledge, understand and agree that they may be charged by the user's wireless carrier for all messages sent to the user from the Site. Standard messaging rates will apply, unless noted otherwise. The applicable wireless carrier may also assess charges to users who forward coupons to others, as well as to the recipients of such forwarded messages. Under no circumstances will Smash Rewards, or any of its corporate affiliates be responsible for any wireless email or text messaging charges incurred by a user, a person who has access to a user's wireless device, telephone number, or email address, or a third party who receives a coupon which has been forwarded by a user or member of the Service.
Intended Use. The Site and the Services are for individual use only and you may not offer them for resale. We further reserve the right to take measures to protect the Site and our network and other users from harm, abuse, compromised capacity or degradation in performance. These measures may impact your service, and we reserve the right to deny, modify or terminate service, with or without notice, to anyone we believe is using the Site and the Service in a manner that adversely impacts the Site, harms other users, or is illegal. We may monitor your compliance, or the compliance of other users, with these Terms and Conditions of Use.
User Conduct: Portions of this Site may provide you and other users an opportunity to submit, post, display, transmit and/or exchange ideas, suggestions, information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content”), whether publicly posted or privately transmitted (including e-mail). You understand that all Content is the responsibility of the person from whom such Content originated. You acknowledge and agree that you, and not Smash Rewards, are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via or to the Site. You hereby grant Smash Rewards an irrevocable, perpetual, royalty-free, worldwide non-exclusive license to use, reproduce, distribute and crate derivative works from any Content which you post or otherwise submit to Smash Rewards via or to the Site.
Compliance with Law. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the Content posted to the Site and the sharing of any other information, such as mobile phone numbers of others. By way of example, and not as a limitation, you agree not to take the following actions, or allow another person to use your account, to take the following actions:
Forwarding. Registered users may forward coupons to others by providing the third party’s mobile phone number to Smash Rewards. This information is used by Smash Rewards only to forward the selected mobile coupon to the third party and for no other purpose. Users who abuse this function of the Site (determined in our sole discretion) shall be subject to account termination and further legal action as appropriate.
Indemnification. You agree to indemnify and hold Smash Rewards, and its members, affiliates, directors, officers, agents, subcontractors, service providers, merchant partners , and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) Content submitted, posted to or transmitted through the Site by an account user, (ii) any violation of these Terms and Conditions of Use by an Account User, or (iii) any violation of any rights of a third party caused by an Account User. An “Account User” means you or any person or entity using your account (x) with your permission, (y) as a result of your failure to adequately protect your account password, or (z) as a result of your failure to immediately notify Smash Rewards of any unauthorized use of your password or account or any other breach of security.
Law Enforcement. Smash Rewards may report to law enforcement authorities any actions that may be illegal. When legally required or at Smash Rewards' discretion, Smash Rewards will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site or Service. Smash Rewards does not and cannot review all content of messages submitted to and/or transmitted through the Service. These prohibitions do not require Smash Rewards to monitor, police or remove any content or other information submitted by you or the participating merchant.
Copyright Ownership, License, and Restrictions on Use: All right, title and interest (including all copyrights, trademarks, patent rights and other intellectual property rights) on the Site, or the content of the coupons and messages transmitted via the Service and all information contained therein is and shall remain the sole property of Smash Rewards, the participating merchants, and its licensors, as applicable. You are authorized to view and use information retrieved from the Site or the content of the coupons and messages transmitted via the Service solely for your personal use. Except with prior written authorization from Smash Rewards, no material available on the Site or the content of the coupons and messages transmitted via the Service may be copied, reproduced, downloaded, uploaded, displayed, sold, posted, distributed, incorporated into another work, used to create a derivative work, or otherwise exploited in any way, except that limited reproduction is permitted for your personal use. In no event may you remove any copyright or other proprietary notices or legends appearing on this Site or within the content of the coupons and messages transmitted via the Service.
Trademarks: “SMASH REWARDS” and the Smash Rewards logo are the trademarks of Smash Rewards, LLC. The other trademarks, service marks and logos which may be displayed in the Site or the content of the coupons and messages transmitted via the Service are registered and unregistered trademarks of Smash Rewards and the participating merchants. Nothing contained on this Smash Rewards site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks without the written permission of Smash Rewards or such third party that owns the trademarks.
Links: This Site may contain hypertext links to Web sites of other third parties. Smash Rewards does not control these Web sites and is not responsible for their content. The existence of such links does not indicate any approval, endorsement or authentication of any material appearing on such linked sites. The existence of such links does not indicate any association between Smash Rewards and the owners or operators except as specifically set forth on this Site or in other Smash Rewards materials. You assume sole responsibility for use of third party links. You may establish a hypertext link to this Smash Rewards site, provided (a) you only link to the home page located at www.smashrewards.com, (b) the link does not state or imply any endorsement or sponsorship of you, your company, or your site by Smash Rewards, (c) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on this site, (d) you provide Smash Rewards notice of such link by sending an e-mail to info@smashrewards.com, and (e) you promptly discontinue providing links to this Site upon notification by Smash Rewards.
Disclaimers: You acknowledge that Smash Rewards does not own, operate or manage the Internet; the Internet is a separate network of computers, independent of and not subject to the control of Smash Rewards; communications on the Internet may not be secure and may be subject to interception or loss; certain Content available on the Internet is copyrighted and may have been distributed in violation of copyright laws. You further acknowledge that Smash Rewards has no obligation to review the Content posted on the Site or messages transmitted by merchants via the Service. Under no circumstances will Smash Rewards be liable in any way for any Content or messages and offers transmitted by merchants, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content or messages and offers posted, e-mailed or otherwise transmitted via the Site or the Service. Accordingly, you agree that you must evaluate, and bear all risks associated with, the use of any Content and the Service, including any reliance on the accuracy, completeness, or usefulness of such Content and Service. Smash Rewards does not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with by numerous factors outside of our control. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
No Warranties. SMASH REWARDS’ MOBILE MARKETING PROGRAMS AND SERVICES, INCLUDING THE SITE, ITS CONTENT, THE COUPONS AND MESSAGES TRANSMITTED BY THE PARTICIPATING MERCHANTS, AND THE FUNCTIONALITIES ASSOCIATED THEREWITH, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. SMASH REWARDS DOES NOT GUARANTEE OR WARRANT THAT USE OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT SMASH REWARDS MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE MOBILE MARKETING PROGRAMS AND SERVICES AT ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU. TO THE EXTENT ALLOWABLE BY LAW, SMASH REWARDS, THE PARTICIPATING MERCHANTS, AND OUR LICENSORS DISCLAIM ALL IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. In addition, Smash Rewards does not represent or warrant that the information accessible via the Site or the Service is accurate, complete or current. Smash Rewards does not make any representations with respect to the content contained in coupons or messages or the descriptions contained on the Site. No oral or written information or advice given by Smash Rewards or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Smash Rewards.
Please note that some jurisdictions may not allow the above exclusion of implied warranties, so some of the above exclusions may not apply to you.
Limitation of Liability. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, SMASH REWARDS, THE PARTICIATING MERCHANTS, AND THEIR SUCCESSORS AND ASSIGNS, OR ANY OF THEIR SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE, THE SERVICE OR FROM THIS TERMS AND CONDITIONS OF USE, INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES OR EXPENSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR OTHER ECONOMIC LOSS, LOST REIMBURSEMENTS, LOST DATA, OR LOST SAVINGS), EVEN IF ANY OF SUCH PARTIES WAS ADVISED OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES.
Miscellaneous: You agree that if any provision of these Terms and Conditions of Use is found void or unenforceable, including without limitation the warranty disclaimers and liability limitations set forth above, this will not affect the validity of the balance of these Terms and Conditions of Use, which shall remain valid and enforceable, and the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of law provisions. Any legal action or proceeding arising out of or relating to these Terms and Conditions of Use, the Site, or the Service shall be exclusively subject to the jurisdiction of the federal courts of the United States of America and/or the state courts of Georgia located in Fulton County. Use of this Site and the Service is unauthorized in any jurisdiction that does not give effect to all of the provisions of these Terms and Conditions of Use, including without limitation this paragraph.
Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Terms and Conditions of Use; however, no action arising out of this Terms and Conditions of Use or your use of the Site or the Service, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
Last modified January 2009