Thank you for choosing to be part of our community at Spendge, doing business as Spendge
(“Spendge“,“we“,“us“,“our“ ). We are committed to protecting your personal
information and your right to privacy. If you have any questions or concerns about this privacy
notice, or our practices with regards to your personal information, please contact us at
[email protected]
When you visit our website Spendge.com (the “Website“ ), and more generally, use any of our
services (the “Services“, which include the Website), we appreciate that you are trusting us
with your personal information. We take your privacy very seriously. In this privacy notice, we seek
to explain to you in the clearest way possible what information we collect, how we use it and what
rights you have in relation to it. We hope you take some time to read through it carefully, as it is
important. If there are any terms in this privacy notice that you do not agree with, please
discontinue use of our Services immediately.
This privacy notice applies to all information collected through our Services (which, as described
above, includes our Website), as well as, any related services, sales, marketing or events.
Please read this privacy notice carefully as it will help you understand what we do with the
information that we collect.
In Short : We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when you register on the Website,
express an interest in obtaining information about us or our products and Services, when you
participate in activities on the Website or otherwise when you contact us.
The personal information that we collect depends on the context of your interactions with us and the
Website, the choices you make and the products and features you use. The personal information we
collect may include the following:
Personal Information Provided by You . We may collect names; phone numbers; email addresses;
mailing addresses; job titles; contact preferences; data collected from surveys; usernames;
passwords; contact or authentication data; information you provide when using our products (e.g.,
business name, business email, business address, business fax, company website, etc.); number of
unique views and total number of visitors when you deploy your cookie banner using our consent
management solution; information in blog comments; financial information (e.g., last four digits of
your debit or credit card number, billing history, billing address, card type, issuing bank,
expiration date, card origin by country); profile photo; and other similar information.
Payment Data. We may collect data necessary to process your payment if you make purchases,
such as your payment instrument number (such as a credit card number), and the security code
associated with your payment instrument. All payment data is stored by Stripe. You may find their
privacy notice link link here.
Social Media Login Data . We may provide you with the option to register with us using your
existing social media account details, like your Facebook, Twitter or other social media account. If
you choose to register in this way, we will collect the information described in the section called
“HOW DO WE HANDLE YOUR SOCIAL LOGINS?” below.
All personal information that you provide to us must be true, complete, and accurate, and you must
notify us of any changes to such personal information.
Information automatically collected
In Short: Some information — such as your Internet Protocol (IP) address and/or browser and
device characteristics — is collected automatically when you visit our Website.
We automatically collect certain information when you visit, use or navigate the Website. This
information does not reveal your specific identity (like your name or contact information) but may
include device and usage information, such as your IP address, browser and device characteristics,
operating system, language preferences, referring URLs, device name, country, location, information
about how and when you use our Website and other technical information. This information is primarily
needed to maintain the security and operation of our Website, and for our internal analytics and
reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies. You can
find out more about this in our Cookie Notice.
The information we collect automatically includes:
Log and Usage Data. Log and usage data is service-related, diagnostic, usage and performance
information our servers automatically collect when you access or use our Website and which we record
in log files. Depending on how you interact with us, this log data may include your IP address,
device information, browser type and settings and information about your activity in the Website
(such as the date/time stamps associated with your usage, pages and files viewed, searches and other
actions you take such as which features you use), device event information (such as system activity,
error reports (sometimes called ‘crash dumps’) and hardware settings).
Device Data. We collect device data such as information about your computer, phone, tablet or other
device you use to access the Website. Depending on the device used, this device data may include
information such as your IP address (or proxy server), device and application identification
numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier,
operating system and system configuration information.
Location Data. We collect location data such as information about your device’s location, which can
be either precise or imprecise. How much information we collect depends on the type and settings of
the device you use to access the Website. For example, we may use GPS and other technologies to
collect geolocation data that tells us your current location (based on your IP address). You can opt
out of allowing us to collect this information either by refusing access to the information or by
disabling your Location setting on your device. Note however, if you choose to opt out, you may not
be able to use certain aspects of the Services.
Information collected from other sources
In Short: We may collect limited data from public databases, marketing partners, social media
platforms, and other outside sources.
In order to enhance our ability to provide relevant marketing, offers and services to you and update
our records, we may obtain information about you from other sources, such as public databases, joint
marketing partners, affiliate programs, data providers, social media platforms, as well as from other
third parties. This information includes mailing addresses, job titles, email addresses, phone
numbers, intent data (or user behavior data), Internet Protocol (IP) addresses, social media profiles,
social media URLs and custom profiles, for purposes of targeted advertising and event promotion. If
you interact with us on a social media platform using your social media account (e.g. Facebook or
Twitter), we receive personal information about you such as your name, email address, and gender. Any
personal information that we collect from your social media account depends on your social media
account’s privacy settings.
2. HOW DO WE USE YOUR INFORMATION?
In Short: We process your information for purposes based on legitimate business interests, the
fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.
We use personal information collected via our Website for a variety of business purposes described
below. We process your personal information for these purposes in reliance on our legitimate business
interests, in order to enter into or perform a contract with you, with your consent, and/or for
compliance with our legal obligations. We indicate the specific processing grounds we rely on next to
each purpose listed below.
We use the information we collect or receive:
To facilitate account creation and logon process. If you choose to link your account with us
to a third-party account (such as your Google or Facebook account), we use the information you
allowed us to collect from those third parties to facilitate account creation and logon process for
the performance of the contract.
To manage user accounts. We may use your information for the purposes of managing our account
and keeping it in working order.
To request feedback . We may use your information to request feedback and to contact you
about your use of our Services.
To post testimonials . We post testimonials on our Website that may contain personal
information. Prior to posting a testimonial, we will obtain your consent to use your name and the
content of the testimonial. If you wish to update, or delete your testimonial, please contact us at
[email protected] and be sure to include your name,
testimonial location, and contact information.
To protect our Services . We may use your information as part of our efforts to keep our
Services safe and secure (for example, for fraud monitoring and prevention).
To enforce our terms, conditions and policies for business purposes, to comply with legal and
regulatory requirements or in connection with our contract.
To respond to legal requests and prevent harm. If we receive a subpoena or other legal
request, we may need to inspect the data we hold to determine how to respond.
To fulfill and manage your orders . We may use your information to fulfill and manage your
orders, payments, upgrades, or refunds made through the Website or otherwise through our Services.
To deliver and facilitate delivery of services to the user . We may use your information to
provide you with the requested service.
To respond to user inquiries/offer support to users . We may use your information to respond
to your inquiries and solve any potential issues you might have with the use of our Services.
To administer prize draws and competitions. We may use your information to administer prize
draws and competitions when you elect to participate in our competitions.
To send you marketing and promotional communications. We and/or our third-party marketing
partners may use the personal information you send to us for our marketing purposes, if this is in
accordance with your marketing preferences. For example, when expressing an interest in obtaining
information about us or our Services, subscribing to marketing or otherwise contacting us, we will
collect personal information from you. You can opt-out of our marketing emails at any time (see the
“WHAT ARE YOUR PRIVACY RIGHTS?” below).
To send administrative information to you. We may use your personal information to send you
product, service and new feature information and/or information about changes to our terms,
conditions, and policies.
To deliver targeted advertising to you. We may use your information to develop and display
personalized content and advertising (and work with third parties who do so) tailored to your
interests and/or location and to measure its effectiveness. For more information see our
Cookie Notice .
For other business purposes. We may use your information for other business purposes, such as
data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns
and to evaluate and improve our Website, Services, products, marketing and your experience. We may
use and store this information in aggregated and anonymized form so that it is not associated with
individual end users and does not include personal information. We will not use identifiable
personal information without your consent.
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
In Short : We only share information with your consent, to comply with laws, to provide you
with services, to protect your rights, or to fulfill business obligations.
We may process or share your data that we hold based on the following legal basis:
Consent: We may process your data if you have given us specific consent to use your personal
information for a specific purpose.
Legitimate Interests: We may process your data when it is reasonably necessary to achieve our
legitimate business interests.
Performance of a Contract: Where we have entered into a contract with you, we may process
your personal information to fulfill the terms of our contract.
Legal Obligations: We may disclose your information where we are legally required to do so in
order to comply with applicable law, governmental requests, a judicial proceeding, court order, or
legal process, such as in response to a court order or a subpoena (including in response to public
authorities to meet national security or law enforcement requirements).
Vital Interests: We may disclose your information where we believe it is necessary to
investigate, prevent, or take action regarding potential violations of our policies, suspected
fraud, situations involving potential threats to the safety of any person and illegal activities, or
as evidence in litigation in which we are involved.
More specifically, we may need to process your data or share your personal information in the
following situations:
Business Transfers. We may share or transfer your information in connection with, or during
negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion
of our business to another company.
Vendors, Consultants and Other Third-Party Service Providers. We may share your data with
third-party vendors, service providers, contractors or agents who perform services for us or on our
behalf and require access to such information to do that work. Examples include: payment processing,
data analysis, email delivery, hosting services, customer service and marketing efforts. We may
allow selected third parties to use tracking technology on the Website, which will enable them to
collect data on our behalf about how you interact with our Website over time. This information may
be used to, among other things, analyze and track data, determine the popularity of certain content,
pages or features, and better understand online activity. Unless described in this notice, we do not
share, sell, rent or trade any of your information with third parties for their promotional
purposes. We have contracts in place with our data processors, which are designed to help safeguard
your personal information. This means that they cannot do anything with your personal information
unless we have instructed them to do it. They will also not share your personal information with any
organization apart from us. They also commit to protect the data they hold on our behalf and to
retain it for the period we instruct.
Affiliates. We may share your information with our affiliates, in which case we will require
those affiliates to honor this privacy notice. Affiliates include our parent company and any
subsidiaries, joint venture partners or other companies that we control or that are under common
control with us.
Business Partners. We may share your information with our business partners to offer you
certain products, services or promotions.
4. WHO WILL YOUR INFORMATION BE SHARED WITH?
In Short: We only share information with the following categories of third parties.
We only share and disclose your information with the following categories of third parties. If we have
processed your data based on your consent and you wish to revoke your consent, please contact us using
the contact details provided in the section below titled
“HOW CAN YOU CONTACT US ABOUT THIS NOTICE?“.
Ad Networks
Affiliate Marketing Programs
Cloud Computing Services
Communication & Collaboration Tools
Data Analytics Services
Data Storage Service Providers
Finance & Accounting Tools
Order Fulfillment Service Provider
Payment Processors
Performance Monitoring Tools
Product Engineering & Design Tools
Retargeting Platforms
Sales & Marketing Tools
Social Networks
Testing Tools
User Account Registration & Authentication Services
Website Hosting Service Providers
5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
In Short: We may use cookies and other tracking technologies to collect and store your
information.
We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store
information. Specific information about how we use such technologies and how you can refuse certain
cookies is set out in our Cookie Notice.
6. HOW DO WE HANDLE YOUR SOCIAL LOGINS?
In Short: If you choose to register or log in to our services using a social media account, we
may have access to certain information about you.
Our Website offers you the ability to register and login using your third-party social media account
details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain
profile information about you from your social media provider. The profile information we receive may
vary depending on the social media provider concerned, but will often include your name, email
address, friends list, profile picture as well as other information you choose to make public on such
social media platform.
We will use the information we receive only for the purposes that are described in this privacy notice
or that are otherwise made clear to you on the relevant Website. Please note that we do not control,
and are not responsible for, other uses of your personal information by your third-party social media
provider. We recommend that you review their privacy notice to understand how they collect, use and
share your personal information, and how you can set your privacy preferences on their sites and apps.
7. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
In Short: We may transfer, store, and process your information in countries other than your
own.
We are based in the Ukraine and our servers are located in the France. In order to provide our
Services to you, please be aware that your information may be transferred to, stored, and processed by
us in our facilities and by those third parties with whom we may share your personal information (see
“WILL YOUR INFORMATION BE SHARED WITH ANYONE?” above), in the United Kingdom, United States,
Taiwan, and other countries.
If you are located in the European Economic Area (EEA) or United Kingdom (UK), then these countries
may not necessarily have data protection laws or other similar laws as comprehensive as those in your
country. With that in mind, we use appropriate safeguards when we transfer your information outside
the EEA or UK to ensure your personal information remains protected and to comply with applicable data
protection laws.
The bases, mechanisms, and measures we rely on include:
Adequacy Decisions. When applicable, we may rely on EU or UK adequacy decisions to transfer your
information outside the EEA or UK. When the relevant EU or UK authority issues an adequacy decision,
that means they found the third country to offer adequate protection for personal information.
Derogations. We may transfer information based on a derogation listed in Article 49 of the GDPR. We
will only do so if the transfer of information meets specific strict conditions.
Standard Contractual Clauses: We have implemented measures to protect your personal information,
including by using Standard Contractual Clauses for transfers of personal information between us and
our group companies and between us and our third-party providers. These clauses require all
recipients to protect all personal information that they process originating from the EEA or UK in
accordance with European data protection laws and regulations. Our Standard Contractual Clauses can
be provided upon request. We have implemented similar appropriate safeguards with our third-party
service providers and further details can be provided upon request.
Supplementary Measures. When necessary, in addition to the Standard Contractual Clauses, we may
adopt technical, contractual, and organizational supplementary measures to better ensure that the
level of protection guaranteed by the GDPR is not undermined by the transfer.
8. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as necessary to fulfill the purposes outlined in
this privacy notice unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in
this privacy notice, unless a longer retention period is required or permitted by law (such as tax,
accounting or other legal requirements). No purpose in this notice will require us keeping your
personal information for longer than three (3) months past the termination of the user’s account.
When we have no ongoing legitimate business need to process your personal information, we will either
delete or anonymize such information, or, if this is not possible (for example, because your personal
information has been stored in backup archives), then we will securely store your personal information
and isolate it from any further processing until deletion is possible.
9. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of organizational and
technical security measures.
We have implemented appropriate technical and organizational security measures designed to protect the
security of any personal information we process. However, despite our safeguards and efforts to secure
your information, no electronic transmission over the Internet or information storage technology can
be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or
other unauthorized third parties will not be able to defeat our security, and improperly collect,
access, steal, or modify your information. Although we will do our best to protect your personal
information, transmission of personal information to and from our Website is at your own risk. You
should only access the Website within a secure environment.
10. DO WE COLLECT INFORMATION FROM MINORS?
In Short: We do not knowingly collect data from or market to children under 18 years of age.
We do not knowingly solicit data from or market to children under 18 years of age. By using the
Website, you represent that you are at least 18 or that you are the parent or guardian of such a minor
and consent to such minor dependent’s use of the Website. If we learn that personal information from
users less than 18 years of age has been collected, we will deactivate the account and take reasonable
measures to promptly delete such data from our records. If you become aware of any data we may have
collected from children under age 18, please contact us at
[email protected].
11. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: In some regions, such as the European Economic Area (EEA) and United Kingdom (UK),
you have rights that allow you greater access to and control over your personal information. You may
review, change, or terminate your account at any time.
In some regions (like the EEA and UK), you have certain rights under applicable data protection laws.
These may include the right (i) to request access and obtain a copy of your personal information, (ii)
to request rectification or erasure; (iii) to restrict the processing of your personal information;
and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to
object to the processing of your personal information. To make such a request, please use the contact
details provided below. We will consider and act upon any request in accordance with applicable data
protection laws.
If we are relying on your consent to process your personal information, you have the right to withdraw
your consent at any time. Please note however that this will not affect the lawfulness of the
processing before its withdrawal, nor will it affect the processing of your personal information
conducted in reliance on lawful processing grounds other than consent.
If you are located in the EEA or UK and you believe we are unlawfully processing your personal
information, you also have the right to complain to your local data protection supervisory authority.
You can find their contact details
here.
If you are located in Switzerland, the contact details for the data protection authorities are
available here.
If you have questions or comments about your privacy rights, you may email us at
[email protected].
Account Information
If you would at any time like to review or change the information in your account or terminate your
account, you can:
Contact us using the contact information provided.
Log in to your account settings and update your user account.
Upon your request to terminate your account, we will deactivate or delete your account and information
from our active databases. However, we may retain some information in our files to prevent fraud,
troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with
applicable legal requirements.
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If
you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you
choose to remove cookies or reject cookies, this could affect certain features or services of our
Website. To opt-out of interest-based advertising by advertisers on our Website, click here. For
further information, please see our Cookie Notice.
Opting out of email marketing: You can unsubscribe from our marketing email list at any time by
clicking on the unsubscribe link in the emails that we send or by contacting us using the details
provided below. You will then be removed from the marketing email list — however, we may still
communicate with you, for example to send you service-related emails that are necessary for the
administration and use of your account, to respond to service requests, or for other non-marketing
purposes. To otherwise opt-out, you may:
Contact us using the contact information provided.
Access your account settings and update your preferences.
Use the unsubscribe link at the bottom of any marketing emails, newsletters, or other non-essential
communications.
12. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (
“DNT” ) feature or setting you can activate to signal your privacy preference not to have data
about your online browsing activities monitored and collected. At this stage no uniform technology
standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently
respond to DNT browser signals or any other mechanism that automatically communicates your choice not
to be tracked online. If a standard for online tracking is adopted that we must follow in the future,
we will inform you about that practice in a revised version of this privacy notice.
13. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding
access to your personal information.
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who
are California residents to request and obtain from us, once a year and free of charge, information
about categories of personal information (if any) we disclosed to third parties for direct marketing
purposes and the names and addresses of all third parties with which we shared personal information in
the immediately preceding calendar year. If you are a California resident and would like to make such
a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with the
Website, you have the right to request removal of unwanted data that you publicly post on the Website.
To request removal of such data, please contact us using the contact information provided below, and
include the email address associated with your account and a statement that you reside in California.
We will make sure the data is not publicly displayed on the Website, but please be aware that the data
may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).
14. DO WE MAKE UPDATES TO THIS NOTICE?
In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.
We may update this privacy notice from time to time. The updated version will be indicated by an
updated “Revised” date and the updated version will be effective as soon as it is accessible. If we
make material changes to this privacy notice, we may notify you either by prominently posting a notice
of such changes or by directly sending you a notification. We encourage you to review this privacy
notice frequently to be informed of how we are protecting your information.
15. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this notice, you may contact our Data Protection Officer (DPO)
by email at [email protected].
If you are located in the European Economic Area or the United Kingdom, the “data controller” of your
personal information is Spendge.
16. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Based on the applicable laws of your country, you may have the right to request access to the personal
information we collect from you, change that information, or delete it in some circumstances. To
request to review, update, or delete your personal information, please do so by contacting us using
the information listed above or by filling out our request form, available here.
SPENDGE TERMS OF USE
Last updated 04 October, 2022
1.AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on
behalf of an entity (“you”) and Spendge (“Spendge”, “ we,” “us ” or “
our”), concerning your access to and use of the Spendge website (www.spendge.com) as well as
any other media form, media channel, mobile website or mobile application related, linked, or
otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these
Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited
from using the Site and you must discontinue use immediately.
Supplemental Terms of Use or documents that may be posted on the Site from time to time are hereby
expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make
changes or modifications to these Terms of Use at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you
waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms of Use to stay informed of updates. You
will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in
any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use
are posted.
The information provided on the Site is not intended for distribution to or use by any person or
entity in any jurisdiction or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within such jurisdiction or
country.
Accordingly, those persons who choose to access the Site from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if and to the extent local laws
are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not
permitted to register for the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and logos contained therein
(the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright
and trademark laws and various other intellectual property rights and unfair competition laws of the
United States, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and personal
use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or
Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use
the Site and to download or print a copy of any portion of the Content to which you have properly
gained access solely for your personal, non-commercial use. We reserve all rights not expressly
granted to you in and to the Site, the Content and the Marks.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration
information as necessary;
(3) you have the legal capacity and you agree to comply with these Terms of Use;
(4) you are not under the age of 18;
(5) not a minor in the jurisdiction in which you reside, or if a minor, you have received parental
permission to use the Site;
(6) you will not access the Site through automated or non-human means, whether through a bot,
script, or otherwise;
(7) you will not use the Site for any illegal or unauthorized purpose;
(8) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and refuse any and all current or future use of the Site
(or any portion thereof).
4. USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will
be responsible for all use of your account and password. We reserve the right to remove, reclaim, or
change a username you select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
5. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site
available. The Site may not be used in connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Site, you agree not to:
systematically retrieve data or other content from the Site to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written permission from us.
make any unauthorized use of the Site, including collecting usernames and/or email addresses of
users by electronic or other means for the purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretenses.
use a buying agent or purchasing agent to make purchases on the Site.
use the Site to advertise or offer to sell goods and services.
circumvent, disable, or otherwise interfere with security-related features of the Site, including
features that prevent or restrict the use or copying of any Content or enforce limitations on the
use of the Site and/or the Content contained therein.
engage in unauthorized framing of or linking to the Site.
trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account
information such as user passwords;
make improper use of our support services or submit false reports of abuse or misconduct.
engage in any automated use of the system, such as using scripts to send comments or messages, or
using any data mining, robots, or similar data gathering and extraction tools.
interfere with, disrupt, or create an undue burden on the Site or the networks or services connected
to the Site.
attempt to impersonate another user or person or use the username of another user.
sell or otherwise transfer your profile.
use any information obtained from the Site in order to harass, abuse, or harm another person.
use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content
for any revenue-generating endeavor or commercial enterprise.
decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way
making up a part of the Site.
attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or
any portion of the Site.
harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any
portion of the Site to you.
delete the copyright or other proprietary rights notice from any Content.
copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or
other code.
upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and spamming (continuous posting of repetitive text),
that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs,
disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the
Site.
upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or
active information collection or transmission mechanism, including without limitation, clear
graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices
(sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
except as may be the result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including without limitation, any spider, robot, cheat
utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized
script or other software.
disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
use the Site in a manner inconsistent with any applicable laws or regulations.
6. USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online
forums, and other functionality, and may provide you with the opportunity to create, submit, post,
display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the
Site, including but not limited to text, writings, video, audio, photographs, graphics, comments,
suggestions, or personal information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Site and through third-party websites. As such,
any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create
or make available any Contributions, you thereby represent and warrant that:
the creation, distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any
third party.
you are the creator and owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Site, and other users of the Site to use your
Contributions in any manner contemplated by the Site and these Terms of Use.
you have the written consent, release, and/or permission of each and every identifiable individual
person in your Contributions to use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of your Contributions in any manner contemplated by
the Site and these Terms of Use.
your Contributions are not false, inaccurate, or misleading.
your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.
your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
your Contributions do not advocate the violent overthrow of any government or incite, encourage, or
threaten physical harm against another.
your Contributions do not violate any applicable law, regulation, or rule.
your Contributions do not violate the privacy or publicity rights of any third party.
your Contributions do not contain any material that solicits personal information from anyone under
the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
your Contributions do not violate any federal or state law concerning child pornography, or
otherwise intended to protect the health or well-being of minors;
your Contributions do not include any offensive comments that are connected to race, national
origin, gender, sexual preference, or physical handicap.
your Contributions do not otherwise violate, or link to material that violates, any provision of
these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among
other things, termination or suspension of your rights to use the Site.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site or making Contributions accessible to the Site
by linking your account from the Site to any of your social networking accounts, you automatically
grant, and you represent and warrant that you have the right to grant, to us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide
right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle,
archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in
whole or in part), and distribute such Contributions (including, without limitation, your image and
voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or
incorporate into other works, such Contributions, and grant and authorize sublicenses of the
foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and
includes our use of your name, company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and commercial images you provide. You
waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise
been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your Contributions provided
by you in any area on the Site.
You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us
from any and all responsibility and to refrain from any legal action against us regarding your
Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on
the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without
notice. We have no obligation to monitor your Contributions.
8. GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must
comply with the following criteria:
(1) you should have firsthand experience with the person/entity being reviewed;
(2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate
language;
(3) your reviews should not contain discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation, or disability;
(4) your reviews should not contain references to illegal activity;
(5) you should not be affiliated with competitors if posting negative reviews;
(6) you should not make any conclusions as to the legality of conduct;
(7) you may not post any false or misleading statements;
(8) you may not organize a campaign encouraging others to post reviews, whether positive or
negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to
screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.
Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of
our affiliates or partners.
We do not assume liability for any review or for any claims, liabilities, or losses resulting from any
review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide,
royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify,
translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
9. MOBILE APPLICATION LICENSE
Use License
If you access the Site via a mobile application, then we grant you a revocable, non-exclusive,
non-transferable, limited right to install and use the mobile application on wireless electronic
devices owned or controlled by you, and to access and use the mobile application on such devices
strictly in accordance with the Terms of Use of this mobile application license contained in these
Terms of Use.
You shall not:
(1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the
application;
(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work
from the application;
(3) violate any applicable laws, rules, or regulations in connection with your access or use of the
application;
(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or
trademark) posted by us or the licensors of the application;
(5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose
for which it is not designed or intended;
(6) make the application available over a network or other environment permitting access or use by
multiple devices or users at the same time;
(7) use the application for creating a product, service, or software that is, directly or
indirectly, competitive with or in any way a substitute for the application;
(8) use the application to send automated queries to any website or to send any unsolicited
commercial e-mail;
(9) use any proprietary information or any of our interfaces or our other intellectual property in
the design, development, manufacture, licensing, or distribution of any applications, accessories,
or devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or
Google Play (each an “App Distributor”) to access the Site:
(1) the license granted to you for our mobile application is limited to a non-transferable license
to use the application on a device that utilizes the Apple iOS or Android operating systems, as
applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s
Terms of Use;
(2) we are responsible for providing any maintenance and support services with respect to the mobile
application as specified in the Terms of Use of this mobile application license contained in these
Terms of Use or as otherwise required under applicable law, and you acknowledge that each App
Distributor has no obligation whatsoever to furnish any maintenance and support services with
respect to the mobile application;
(3) in the event of any failure of the mobile application to conform to any applicable warranty, you
may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and
policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum
extent permitted by applicable law, the App Distributor will have no other warranty obligation
whatsoever with respect to the mobile application;
(4) you represent and warrant that (i) you are not located in a country that is subject to a U.S.
government embargo, or that has been designated by the U.S. government as a “terrorist supporting”
country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
(5) you must comply with applicable third-party terms of agreement when using the mobile
application, e.g., if you have a VoIP application, then you must not be in violation of their
wireless data service agreement when using the mobile application;
6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the Terms of
Use in this mobile application license contained in these Terms of Use, and that each App
Distributor will have the right (and will be deemed to have accepted the right) to enforce the Terms
of Use in this mobile application license contained in these Terms of Use against you as a
third-party beneficiary thereof.
10. SOCIAL MEDIA
As part of the functionality of the Site, you may link your account with online accounts you have with
third-party service providers (each such account, a “Third-Party Account”) by either: (1)
providing your Third-Party Account login information through the Site; or (2) allowing us to access
your Third-Party Account, as is permitted under the applicable Terms of Use that govern your use of
each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information
to us and/or grant us access to your Third-Party Account, without breach by you of any of the Terms of
Use that govern your use of the applicable Third-Party Account, and without obligating us to pay any
fees or making us subject to any usage limitations imposed by the third-party service provider of the
Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that (1) we may access, make
available, and store (if applicable) any content that you have provided to and stored in your
Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via
your account, including without limitation any friend lists and (2) we may submit to and receive from
your Third-Party Account additional information to the extent you are notified when you link your
account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set
in such Third-Party Accounts, personally identifiable information that you post to your Third-Party
Accounts may be available on and through your account on the Site.
Please note that if a Third-Party Account or associated service becomes unavailable or our access to
such Third-Party Account is terminated by the third-party service provider, then Social Network
Content may no longer be available on and through the Site. You will have the ability to disable the
connection between your account on the Site and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR
THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose, including but not limited to,
for accuracy, legality, or non-infringement, and we are not responsible for any Social Network
Content.
You acknowledge and agree that we may access your email address book associated with a Third-Party
Account and your contacts list stored on your mobile device or tablet computer solely for purposes of
identifying and informing you of those contacts who have also registered to use the Site.
You can deactivate the connection between the Site and your Third-Party Account by contacting us using
the contact information below or through your account settings (if applicable). We will attempt to
delete any information stored on our servers that was obtained through such Third-Party Account,
except the username and profile picture that become associated with your account.
11. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other
information regarding the Site ("Submissions") provided by you to us are non-confidential and
shall become our sole property. We shall own exclusive rights, including all intellectual property
rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any
lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such
Submissions are original with you or that you have the right to submit such Submissions. You agree
there shall be no recourse against us for any alleged or actual infringement or misappropriation of
any proprietary right in your Submissions.
12. THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging to or originating from third
parties ("Third-Party Content ").
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party
Websites accessed through the Site or any Third-Party Content posted on, available through, or
installed from the Site, including the content, accuracy, offensiveness, opinions, reliability,
privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party
Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any
Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the
Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at
your own risk, and you should be aware these Terms of Use no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices,
of any website to which you navigate from the Site or relating to any applications you use or install
from the Site. Any purchases you make through Third-Party Websites will be through other websites and
from other companies, and we take no responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party
Websites and you shall hold us harmless from any harm caused by your purchase of such products or
services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to
you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party
Websites.
13. ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of the
Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall
take full responsibility for any advertisements you place on the Site and any services provided on the
Site or products sold through those advertisements.
Further, as an advertiser, you warrant and represent that you possess all rights and authority to
place advertisements on the Site, including, but not limited to, intellectual property rights,
publicity rights, and contractual rights.
As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright
Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will
be no refund or other compensation for DMCA takedown-related issues. We simply provide the space to
place such advertisements, and we have no other relationship with advertisers.
14. SITE MANAGEMENT
We reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Terms of Use;
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or
these Terms of Use, including without limitation, reporting such user to law enforcement
authorities;
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of your Contributions or
any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or
otherwise disable all files and content that are excessive in size or are in any way burdensome to
our systems;
(5) otherwise manage the Site in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Site.
15. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy
. By using the Site, you agree to be
bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site
is hosted in the United States.
If you access the Site from the European Union, Asia, or any other region of the world with laws or
other requirements governing personal data collection, use, or disclosure that differ from applicable
laws in the United States, then through your continued use of the Site, you are transferring your data
to the United States, and you expressly consent to have your data transferred to and processed in the
United States.
Further, we do not knowingly accept, request, or solicit information from children or knowingly market
to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we
receive actual knowledge that anyone under the age of 18 has provided personal information to us
without the requisite and verifiable parental consent, we will delete that information from the Site
as quickly as is reasonably practical.
16. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
We respect the intellectual property rights of others. If you believe that any material available on
or through the Site infringes upon any copyright you own or control, please immediately notify our
Designated Copyright Agent using the contact information provided below (a “Notification”).
A copy of your Notification will be sent to the person who posted or stored the material addressed in
the Notification. Please be advised that pursuant to federal law you may be held liable for damages if
you make material misrepresentations in a Notification. Thus, if you are not sure that material
located on or linked to by the Site infringes your copyright, you should consider first contacting an
attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following
information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
(2) identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works on the Site are covered by the Notification, a representative list of such works
on the Site;
(3) identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit us to locate the material;
(4) information reasonably sufficient to permit us to contact the complaining party, such as an
address, telephone number, and, if available, an email address at which the complaining party may be
contacted;
(5) 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;
(6) 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 upon.
Counter Notification
If you believe your own copyrighted material has been removed from the Site as a result of a mistake
or misidentification, you may submit a written counter notification using the contact information
provided below (a “Counter Notification”).
To be an effective Counter Notification under the DMCA, your Counter Notification must include
substantially the following:
(1) identification of the material that has been removed or disabled and the location at which the
material appeared before it was removed or disabled;
(2) a statement that you consent to the jurisdiction of the Federal District Court in which your
address is located, or if your address is outside the United States, for any judicial district in
which we are located;
(3) a statement that you will accept service of process from the party that filed the Notification
or the party's agent;
(4) your name, address, and telephone number;
(5) a statement under penalty of perjury that you have a good faith belief that the material in
question was removed or disabled as a result of a mistake or misidentification of the material to be
removed or disabled;
(6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will
restore your removed or disabled material, unless we first receive notice from the party filing the
Notification informing us that such party has filed a court action to restrain you from engaging in
infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by
mistake or misidentification, you may be liable for damages, including costs and attorney's fees.
Filing a false Counter Notification constitutes perjury.
17. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on
or through the Site infringes upon any copyright you own or control, please immediately notify us
using the contact information provided below (a “Notification”). A copy of your Notification
will be sent to the person who posted or stored the material addressed in the Notification.
Please be advised that pursuant to federal law you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to
by the Site infringes your copyright, you should consider first contacting an attorney.
18. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY
OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO
ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY
CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal
action, including without limitation pursuing civil, criminal, and injunctive redress.
19. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any
reason at our sole discretion without notice. However, we have no obligation to update any information
on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice
at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or
discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or
other problems or need to perform maintenance related to the Site, resulting in interruptions, delays,
or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at
any time or for any reason without notice to you. You agree that we have no liability whatsoever for
any loss, damage, or inconvenience caused by your inability to access or use the Site during any
downtime or discontinuance of the Site.
Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to
supply any corrections, updates, or releases in connection therewith.
20. GOVERNING LAW
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws
of the England and Wales applicable to agreements made and to be entirely performed, without regard to
its conflict of law principles.
21. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these
Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us
(individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30
(thirty) days before initiating arbitration. Such informal negotiations commence upon written notice
from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except
those Disputes expressly excluded below) will be finally and exclusively resolved by binding
arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND
HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the
American Arbitration Association ("AAA ") and, where appropriate, the AAA’s Supplementary
Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at
the AAA website www.adr.org.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer
Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined to by
the arbitrator to be excessive, we will pay all arbitration fees and expenses.
The arbitration may be conducted in person, through the submission of documents, by phone, or online.
The arbitrator will make a decision in writing, but need not provide a statement of reasons unless
requested by either Party.
The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to
do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration
will take place in [name of county] County, [name of state].
Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay
proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered
by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced
or prosecuted in the state and federal courts, and the Parties hereby consent to, and waive all
defenses of lack of personal jurisdiction, and forum non convenient with respect to venue and
jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the International Sale of Goods and the
Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more
than 3 years after the cause of action arose. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of
this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to
submit to the personal jurisdiction of that court.
22. CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions
that may relate to the Site, including descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or
update the information on the Site at any time, without prior notice.
23. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER
OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
24. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
25. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all
of our respective officers, agents, partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third
party due to or arising out of: (1) [your Contributions]; (2) use of the Site; (3) breach of these
Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use;
(5) your violation of the rights of a third party, including but not limited to intellectual property
rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the
Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense
and control of any matter for which you are required to indemnify us, and you agree to cooperate, at
your expense, with our defense of such claims. We will use reasonable efforts to notify you of any
such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
26. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as
well as data relating to your use of the Site. Although we perform regular routine backups of data,
you are solely responsible for all data that you transmit or that relates to any activity you have
undertaken using the Site.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you
hereby waive any right of action against us arising from any such loss or corruption of such data.
27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SITE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or
other laws in any jurisdiction which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by any means other than electronic
means.
28. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit
of the Division of Consumer Services of the California Department of Consumer Affairs in writing at
1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210
or (916) 445-1254.
29. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire
agreement and understanding between you and us. Our failure to exercise or enforce any right or
provision of these Terms of use shall not operate as a waiver of such right or provision.
These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our
rights and obligations to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and
does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us
as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be
construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use
and the lack of signing by the parties hereto to execute these Terms of Use.
30. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of
the Site, please contact us at:
LIMITED LIABILITY COMPANY "M.I.T.-2021" Office 5, Building 2, Bulakhovskogo Akademika str., Kyiv,
03164, Ukraine [email protected]
Spendge’s Disclaimer
Last updated September 25, 2022
WEBSITE DISCLAIMER
The information provided by Spendge.com (“we,” “us” or “our”) on
https://spendge.com (the “Site”) is for general
informational purposes only. All information on the Site is provided in good faith, however we make no
representation or warranty of any kind, express or implied, regarding the accuracy, adequacy,
validity, reliability, availability or completeness of any information on the Site. UNDER NO
CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE
SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.
EXTERNAL LINKS DISCLAIMER
The Site may contain (or you may be sent through the Site links to other websites or content belonging
to or originating from third parties or links to websites and features in banners or other
advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy,
validity, reliability, availability or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY
WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING.
WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
PROFESSIONAL DISCLAIMER
The Site cannot and does not contain legal advice. The legal information is provided for general
informational and educational purposes only and is not a substitute for professional advice.
Accordingly, before taking any actions based upon such information, we encourage you to consult with
the appropriate professionals. We do not provide any kind of legal advice. THE USE OR RELIANCE OF ANY
INFORMATION CONTAINED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
TESTIMONIALS DISCLAIMER
The Site may contain testimonials by users of our products and/or services. These testimonials reflect
the real-life experiences and opinions of such users. However, the experiences are personal to those
particular users, and may not necessarily be representative of all users of our products and/or
services. We do not claim, and you should not assume, that all users will have the same experiences.
YOUR INDIVIDUAL RESULTS MAY VARY.
