1. Permitted Uses
The site provides an interactive online service, consisting primarily of promotion and marketing services on behalf of certain merchants (“Merchant”) making coupons for Merchant goods and services (“coupons”) available to its users. Coupons may be purchased and exchanged for goods and services from the issuing Merchants or other parties identified in the terms of the offer and subject to the Terms of Sale set forth below. As a condition of your use of this site, you agree that:
- You are an individual person at least 18 years of age;
- You possess the authority to create a binding legal obligation;
- Your use of this site will at all times comply with the terms of this Agreement;
- If you elect to create an account as a Merchant:
- You have the right to provide any and all information you submit to the site, the information is only about yourself or your business, and all such information is accurate, true, current and complete;
- You have the authority of your business to make a coupon offer;
- You will honor all user purchased coupons;
- You hereby waive and discharge Indigo from any and all liability related to fraudulent activities committed by end users such as illegal photo copying of coupons;
- You hereby waive and discharge Indigo from any and all liability, including lost earnings and all other damages, related to this site going off-line due to accident, error, terrorism, illegal hacking, virus, or act of God.
2. Availability of the Site
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the site accessible, the site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control site access may be interrupted, suspended or terminated. We retain the right at our sole discretion to deny service, or access to the site to anyone or an account, at any time and for any reason.
3. Ownership of the Site
The content and information on this site as well as the infrastructure used to provide both, is proprietary to us or our Merchants and other partners. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the site.
4. Transmission of Information
Because we do not control the security of the Internet or other networks you use to access the site or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate the site while it is being transmitted. In addition, the site is not responsible for any data lost during transmission.
5. Your Conduct on our Site
- Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your account or in order to create multiple accounts;
- Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
- Attempting to scan, or test the security or configuration of the site or to breach security or authentication measures without proper authorization;
- Tampering or interfering with the proper functioning of any part, page or area of the site and any and all functions and services provided by the site;
- Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our site, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the site;
- Using the site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with the site;
- Reselling or repurposing your access to the site or any purchases made through the site;
- Using the site or any of its resources to solicit site End Users, Merchants or other business partners of the site to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with the site, including without limitation, aggregating current or previously offered deals;
- Using any End User or Merchant information from the site for any commercial purpose, including, but not limited to, marketing;
- Exceeding or attempting to exceed quantity limits when purchasing coupons or otherwise using any account to purchase coupons for resale, or for speculative, false, fraudulent or any other purpose not expressly permitted by this Agreement and the terms of a specific offer on the site;
- Accessing, monitoring or copying any content or information from this site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- Violating the restrictions in any robot exclusion headers on this site or bypassing or circumventing other measures employed to prevent or limit access to this site;
- Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
- Aggregating any live or post-feature content or other information from the site (whether using links or other technical means or physical records associated with purchases made through this site) with material from other sites or on a secondary site without our express written permission.
- Deep-linking to any portion of this site (including, without limitation, the purchase path for any coupon) without our express written permission;
- Acting illegally or maliciously against the business interests or reputation of the site, our Merchants or our services; or
- Hyperlinking to the site from any other website without our initial and ongoing consent.
6. Terms of Sale
Coupons you purchase through our site as an account holder are special promotional offers that you purchase from participating Merchants through our service. The coupons are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the coupon. The Merchant is solely responsible for redeeming the coupon. The Merchant is the issuer of the coupon and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a coupon or not. You waive and release this site and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a coupon or the services/goods it provides in connection with it.
By purchasing any coupon you agree to the terms of this Agreement and these Terms of Sale. By purchasing, viewing a mobile version, printing, accepting, using or attempting to use any coupon, you agree to these Terms of Sale specifically (“rules”) the terms on the coupon itself and any additional, deal specific terms advertising the coupon at the time of purchase (collectively, the “fine print” regardless of how labeled). These rules apply to all promotional coupons that we make available, unless a particular coupon’s fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and a coupon’s fine print, the coupon’s fine print will control.
7. Modification of this Agreement
We also reserve the right to change or discontinue any aspect or feature of our services or the site including, but not limited to requirements for access or use.
8. Copyright and Trademarks.
Everything located on or in this site is the exclusive property of Indigo Marketing and Sales Solutions, Inc or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE SITE IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
This site and any Microsite contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the site are protected by copyright as a collective work under the United States copyright laws. The site owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the site or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
You will not upload, post or otherwise make available on this site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. The site does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this site, you warrant that the owner of such material has expressly granted the site the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that End User's personal use. You also grant the site the right to edit, copy, publish and distribute any material that you make available on this site.
9. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures.
We reserve the right to terminate the agreement with you or any other End User who infringes third-party copyrights.
If you believe that any material has been posted via the site by an End User in a way that constitutes copyright infringement, you shall provide the site with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Contact information for the site’s Agent for notice of claims of copyright infringement is:
Indigo Marketing and Sales Solutions, Inc.
13335 A Street
Omaha, Nebraska 68144
10. Disclaimer of Warranty.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER THE SITE, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR COUPONS PROVIDED THROUGH THIS SITE. THE SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SITE HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
11. Limitation of Liability.
12. Websites of Others
The site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.
13. Public Nature of Your Statements.
You understand and agree that all Statements are public and not private. Any other person (whether or not a user of the site’s services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements. The site does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any and all Statements you post to our Site are not confidential.
14. License Grant.
By posting Statements or other information on or through the Communities, you grant this site a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.
You agree to defend, indemnify and hold harmless this site, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you in connection with the site or any use of the site in violation of these Terms.
You are solely responsible for your interactions with Merchants and other users of the site. To the extent permitted under applicable laws, you hereby release the site from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of the site, and any conduct or speech, whether online or offline, of any other user.
17. Choice of Law.
18. Additional Disclosures.
No waiver by either you or this site of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of our Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.