Welcome to Group Buying Depot. The following terms and conditions (the"Agreement") form a binding agreement between you and us. Please reviewthe following terms carefully. By using the Site or any Group BuyingDepot Services, you are agreeing to these terms, as well as our PrivacyPolicy (published at http://groupbuyingdepot.com/page.php?id=18 andincorporated here by reference), and all of these terms will governyour use of the Site and our Services. If you do not agree to theseterms, you must cease use of the Site and our Services. The terms"Group Buying Depot" or "us" or "we" or "our" refers to Hungry Machine,Inc., the owner and operator of the Site. The term "you" refers to theperson accessing or using the Site or our Services, or the company ororganization on whose behalf that person accesses the Site or ourServices. Our Services
GroupBuying Depot is an online community for people to organize theirinterests, browse the collections of their friends, and getrecommendations around their interests (the "Services") through ourwebsite located at www.groupbuyingdepot.com and other online areasowned or operated by us, such our Facebook and mobile phoneapplications (the "Site"). The Services also include the opportunityfor you to purchase special Deals (as described below) for the productsand services of third party merchants. The Services and Site arecollectively referred to here as "Group Buying Depot." Conditional Use of Our Site and Services
Your permission to use Group Buying Depot is conditioned upon your agreement that you:
* are 13 years of age or older;
* will comply with our Terms of Service;
* will not copy or distribute any part of Group Buying Depot in anymedium without Group Buying Depot's prior written authorization;
* will provide accurate information when creating an account or registering for our Services;
* are solely responsible for your User ID and the activity that occurswhile signed in to or while using Group Buying Depot using your User ID;
* will not use Group Buying Depot to collect any personallyidentifiable information, including account names, email addresses, orother such information, for commercial purposes;
* will not usethe communication systems provided by or contacts made on Group BuyingDepot for any commercial solicitation purposes;
* are solelyresponsible for your Content submissions, including discussion posts,profile information and links, pictures, and other such content;
* represent that you own or have the necessary licenses, rights,permissions, and consents to use and authorize Group Buying Depot touse any and all Content submitted by you to Group Buying Depot inaccordance with the licenses granted in this Agreement;
* herebygrant each Group Buying Depot user, whether using Group Buying Depot oran application authorized by Group Buying Depot but developed via athird-party developer, a non-exclusive license to access the Contentyou submit through Group Buying Depot and to use, reproduce,distribute, prepare derivative works of, display and perform suchContent as permitted through Group Buying Depot's functionality andunder these Terms of Service;
* will not submit Content that iscopyrighted or subject to third party proprietary rights, includingprivacy, publicity, trade secret, etc., unless you are the owner ofsuch rights or have the appropriate permission from their rightfulowner to specifically submit such Content to Group Buying Depot; and
* hereby affirm we have the right to determine whether any of yourContent submissions are appropriate and comply with these Terms ofService, remove any and/or all of your submissions, and terminate youraccount with or without prior notice.
Your Account and Group Buying Depot Profile
Youwill need to register by creating an account with Group Buying Depot(either by registering directly with us or by allowing a Group BuyingDepot application to connect through your Facebook profile) in order topublish Content on the Site or obtain access to certain Services,including Deals. If you choose to create an account or Group BuyingDepot profile with us, you agree to provide only accurate, completeregistration information, and you will keep that information up-to-dateif it changes. When you register, you will obtain unique log-incredentials (a “User ID”). Access to the Group Buying Depot Site andServices is not authorized by any other person or entity using yourUser ID and you are responsible for preventing such unauthorized use.Individuals and entities who’s privilege to access the Site or use theServices has previously been terminated by Group Buying Depot may notregister for an account, nor may you designate any of those individualsto use your account on your behalf.
Group Buying Depot relies onUser IDs to know whether users accessing the Site and using ourServices are authorized to do so. If someone accesses our Site orServices using a User ID that we’ve issued to you, we will rely on thatUser ID and will assume that it is really you. you are solelyresponsible for any and all access to the Site or use of the Servicesby persons using your User ID. Please notify us immediately if youbecome aware that your User ID is being used without authorization. Non-Confidentiality, Security and Privacy
Youunderstand that much of the information that you submit to us (such aspostings and invitations) is submitted precisely for the purpose ofdisclosure in a variety of ways by Group Buying Depot, and thereforesuch information is not subject to any confidentiality obligation.Other information, such as credit card information provided inconnection with the purchase of a Deal, is maintained with appropriateprivacy and security protections. Our Privacy Policy explains how wecollect, use and disclose information that pertains to your privacy.The Privacy Policy forms part of our agreement with you and isincorporated in this Agreement by reference. For full details, pleaserefer to our Privacy Policy athttp://groupbuyingdepot.com/page.php?id=19. Any communications betweenyou and Group Buying Depot, such as email or other correspondence, inwhich you offer suggestions or comments for improving or modifying ourServices will be deemed by us to be non-confidential andnon-proprietary, and you agree that such information may be used by uswithout any limitation whatsoever. Rules Regarding Information and other Content
Whenyou use the Site, you can publish and obtain access to various kinds ofinformation and materials, all of which we call "Content." Content alsoincludes information and materials posted to the Site by you. You agreenot to revise or obscure Content posted by others (includingadvertising and promotions authorized by Group Buying Depot), and youagree not to post or use any Content in any manner that:
* infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others,
* violates the privacy, publicity, or other rights of third parties,
* is unlawful, defamatory, discriminatory, libelous, pornographic,obscene, abusive, threatening, harassing, pornographic, hateful, orencourages conduct that would be considered a criminal offense, giverise to civil liability, violate any law, or is otherwiseinappropriate, as determined by Group Buying Depot in its solediscretion,
* is false or inaccurate, or
* could damage our company, parent company, sister companies, affiliates, advertisers, or other parties.
Thoughwe strive to enforce these rules with all of our users, you may beexposed through the Site or Services to Content that violates ourpolicies or is otherwise offensive. You may use the Site and Servicesat your own risk. We may, but are not obligated to, terminate useraccounts and/or remove Content from the Site if we determine or suspectthat those accounts or Content violate the terms of this Agreement orthe applicable agreement with the offending user(s). We take noresponsibility for your exposure to Content on the Site whether itviolates our content policies or not. General Rules of User Conduct
Itis our goal to make the use of our Site and Services a good experiencefor all of our users, so you agree not to do any of the following:
* conduct or promote any illegal activities while using the Site or Services;
* upload, distribute or print anything that may be harmful to minors;
* attempt to reverse engineer or jeopardize the correct functioning ofthe Site or Services, or otherwise attempt to derive the source code ofthe software (including the tools, methods, processes, andinfrastructure) that enables or underlies the Site;
* attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
* upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
* use the Site or Services to generate unsolicited email advertisements or spam;
* use any automatic or manual process to search or harvest informationfrom the Site or Services, or to interfere in any way with the properfunctioning of the Site and Services; or
* impersonate another user.
Links to Third Party Sites
Wedon't have control over websites that Group Buying Depot may link to.Group Buying Depot may contain links to third party websites that arenot owned, operated, or controlled by Group Buying Depot. Therefore, wecannot and do not assume responsibility for the content, privacypolicies, or practices of such websites or the companies that own them.Additionally, we cannot and will not censor or edit the content of anythird party site. By using Group Buying Depot you expressly relieve usfrom any and all liability arising from your use of any third partywebsite. Deals
GroupBuying Depot provides consumers with opportunities to purchase productsand services from third party merchants ("Merchants") at a discount (a"Deal"). Merchants are willing to offer attractive promotionaldiscounts when we can bring together a large enough group willing topurchase the Deal. Most Deals have some initial requirements, such as aminimum number of purchases before, as we say, the "Deal is Live" andyou have the Deal. 1. How It Works
Byplacing an order for a given Deal, you make an offer to purchase theDeal you have selected on the terms, restrictions and conditionsassociated with the Deal, subject to the initial requirements for thatDeal being met. The Deal is not yours until we notify you via emailthat the requisite initial requirements set by the Merchant (such asthe minimum number of people have signed up) have been met for a givenDeal. Once we notify you the Deal is yours—it is yours and your creditcard will be charged. You are required to create an account in order topurchase any Deal. This is required so we can collect information toallow you to pay for your Deals and provide you with easy access toprint your Deals, view your past purchases, and modify your preferences. 2. The Voucher
EachDeal combines two separate portions that make up the Deal: (i) a paidportion equal to the amount your credit card is charged and similar toa paid gift certificate (the "paid portion"); and (ii) a promotionalportion for the balance of the value of the Deal (the "promotionalportion") (together, the paid and promotional portions of the Deal arepresented in a "Voucher"). In the event you redeem your Voucher forless than the full amount stated on the Voucher, your purchase will beallocated first against the paid portion until it has a balance of zerodollars ($0.00) and then against the promotional portion that is left. 3. Expiration Dates
Thepromotional portion of all Vouchers expires on the date printed on yourVoucher. The paid portion of the Voucher expires five (5) years fromthe date the Voucher is issued, except to the extent applicable lawrequires that the Merchant extend the period in which the Voucher maybe redeemed. 4. Deal Specific Terms
EachDeal has specific terms associated with the Deal, which will bepresented to you at the time you commit to purchase the particular Deal. 5. Global Terms
Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers:
* no cash value for any Voucher,
* no cash back will be issued for partial redemption of the paid portion of a Voucher, except as required by law,
* no cash back or credit will be issued for partial redemption of the promotional portion of a Voucher,
* use of a Voucher for alcoholic beverages is at the sole discretion ofthe merchant (which may be limited by applicable state law), unlessotherwise noted on the Voucher,
* Vouchers cannot be combined with any other coupons or promotions unless otherwise noted in the Voucher,
* Vouchers cannot be used for taxes, tips, prior balances, shipping or handling, as applicable,
* neither Group Buying Depot nor the merchant is responsible for lost or stolen Vouchers or a Voucher reference number,
* duplicate use, sale or trade of a Voucher is prohibited, except as required by law.
6. Merchant Responsibility
Tobe clear, Group Buying Depot markets the Deals and acts an as agent inselling the Vouchers on behalf of the Merchants. But the Merchant isthe issuer of the Voucher. As issuer of the Voucher, the Merchant shallbe fully responsible for any and all injuries, illnesses, damages,claims, liabilities and costs suffered by or in respect of a customer,caused in whole or in part by the Merchant or its products andservices, as well as for any unclaimed property liability arising fromunredeemed or partially redeemed Vouchers. By purchasing a Deal, acustomer acquires the right to print a Voucher issued by theparticipating non-affiliated Merchant and to use the Voucher accordingto its terms and the terms of this Agreement. Whether you choose toprint and/or redeem the Voucher is within your sole control and at yoursole discretion. 7. Promotions of the Deal Program
Fromtime to time we may offer special promotions, contests and/orsweepstakes intended to provide you an incentive to purchase Deals orto encourage you to get others to do so. The applicable rules will beposted on the Site in or near the description of each such promotion.We reserve the right to interpret these rules in our sole discretion,and you hereby agree to our interpretation. Termination
Wemay change or discontinue the Site or any of the Services at any timewithout prior notice. We reserve the right to terminate this Agreementat our election and for any reason, without prior notice, and thisAgreement will automatically terminate in the event that you violateany of the terms and conditions set forth below. In the event of anytermination, you will immediately cease access to the Site andServices. Any Voucher issued prior to termination will be honoredaccording to its terms and the terms of this Agreement specificallyapplicable to such Voucher. Disclaimers of Warranty
Weprovide the Site and Services "as is", "with all faults" and "asavailable." We and our suppliers and Merchants make no expresswarranties or guarantees about the Site, Services or Deals. TO THEEXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS,VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SITE ANDSERIVCES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY,FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOTGUARANTEE THAT Group Buying Depot WILL MEET YOUR REQUIREMENTS, ISERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES.WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USEOF Group Buying Depot, INCLUDING ANY SERVICES OR DEALS, WILL BEEFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOTGUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR SERVICESAT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATIONOR ADVICE GIVEN BY A Group Buying Depot REPRESENTATIVE SHALL CREATE AWARRANTY. You may have additional consumer rights under your local lawsthat this contract cannot change. Limitations of Liability
YOURSOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUEYOUR USE OF Group Buying Depot. IN NO EVENT SHALL OUR LIABILITY, OR THELIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, ORMERCHANTS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE ANDSERVICES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THEPREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. WE, OURAFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALLNOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OREXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, ORRELIANCE UPON THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANYCLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE,COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES ORLOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCHDAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THEEXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL ORINCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, ANDTHE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS,AND MERCHANTS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Indemnity
Youagree to defend, indemnify and hold harmless Group Buying Depot, itsparent company, officers, directors, employees and agents, from andagainst any and all claims, damages, obligations, losses, liabilities,costs or debt, and expenses (including but not limited to attorney'sfees) arising from: (i) your use of and access to Group Buying Depot;(ii) your violation of any term of these Terms of Service; (iii) yourviolation of any third party right, including without limitation anycopyright, property, or privacy right; or (iv) any claim that anyContent submitted by you causes damage to a third party. This defenseand indemnification obligation will survive these Terms of Service andyour use of Group Buying Depot. Reservation of Rights and Release
GroupBuying Depot reserves the right, but has no obligation, to monitor, ortake any action Group Buying Depot deems appropriate regarding disputesthat you may have with other customers of ours or any Merchants. To theextent the law permits, you release us from any claims or liabilityrelated to any Content posted on the Site and from any claims relatedto the conduct of any other customers of ours or any Merchants. Youhereby waive California Civil Code Section 1542 (and any similarprovision in any other jurisdiction) which states: "A general releasedoes not extend to claims which the creditor does not know or suspectto exist in his favor at the time of executing the release, which, ifknown by him must have materially affected his settlement with thedebtor." Intellectual Property
Youacknowledge and agree that we and our licensors retain ownership of allintellectual property rights of any kind related to the Site andServices, including applicable copyrights, trademarks and otherproprietary rights. We are not granting any license to you under any ofthose intellectual property rights by virtue of this Agreement. “GroupBuying Depot” is our trademark. Other product and company names thatare mentioned on the Site or provided as part of the Services may betrademarks of their respective owners. We reserve all rights that arenot expressly granted to you in this Agreement.
The Content onGroup Buying Depot, excluding all intellectual property of other sitesobtained by way of API and linking and Content posted by our customers,is owned by Group Buying Depot. This includes, without limitation, thetext, software, scripts, graphics, photos, sounds, interactive featuresand the trademarks, service marks and logos contained therein("Marks"). They are owned or licensed to Group Buying Depot, subject tocopyright and other intellectual property rights under United Statesand foreign laws and international conventions. Content provided byGroup Buying Depot is provided to you “AS IS” for your information andpersonal use only and may not be used, copied, reproduced, distributed,transmitted, broadcast, displayed, sold, licensed, or otherwiseexploited for any other purposes whatsoever without the prior writtenconsent of the respective owners. We reserve all rights not expresslygranted in and to Group Buying Depot and the content.
As betweenyou and us, you retain any intellectual property rights in anycopyrighted materials and trademarks that are contained in Content thatyou post to the Site. You grant us an irrevocable, perpetual,non-exclusive, royalty-free, fully paid, worldwide license, with rightsto sublicense through multiple levels of sublicensees, to reproduce,make derivative works of, translate, distribute, publicly perform andpublicly display in any form or medium, whether now known or laterdeveloped, make, use, sell, import, offer for sale, otherwisecommercially exploit and exercise any and all such rights, under anyand all of your intellectual property rights related to the Content inany manner we choose. If you have any rights to the Content that cannotbe licensed to us (such as moral rights in some countries), youunconditionally and irrevocably waive the enforcement of such rights,and all claims and causes of action of any kind against us or relatedto our customers and partners anywhere in the world, with respect tosuch rights. DMCA Notice
Werespect the intellectual property of others, and we ask you to do thesame. If you are a copyright owner or an owner's agent and find Contentthat infringes upon your copyrights, you may submit a notificationaccording to the Digital Millennium Copyright Act. To do so, pleaseprovide our Copyright Agent with the following information (see 17U.S.C 512(c)(3) for further detail) in writing: (1) A physical orelectronic signature of a person authorized to act on behalf of theowner of an exclusive right that is allegedly infringed; (2)Identification of the copyrighted work claimed to have been infringed,or, if multiple copyrighted works at a single online site are coveredby a single notification, a representative list of such works at thatsite; (3) Identification of the material that is claimed to beinfringing or to be the subject of infringing activity and that is tobe removed or access to which is to be disabled and informationreasonably sufficient to permit the service provider to locate thematerial; (4) Information reasonably sufficient to permit the serviceprovider to contact you, such as an address, telephone number, and, ifavailable, an electronic mail; (5) A statement that you have a goodfaith belief that use of the material in the manner complained of isnot authorized by the copyright owner, its agent, or the law; and (6) Astatement that the information in the notification is accurate, andunder penalty of perjury, that you are authorized to act on behalf ofthe owner of an exclusive right that is allegedly infringed. GroupBuying Depot's designated Copyright Agent to receive notifications ofclaimed infringement can be reached at deals@groupbuyingdepot.com . Youacknowledge that if you fail to comply with all of the requirements ofthis Section, your DMCA notice may not be valid. Electronic Communications
Thecommunications between you and Group Buying Depot use electronic means,whether you visit the Site or send us emails, or whether Group BuyingDepot posts notices on the Site or communicates with you via email. Forcontractual purposes, you (a) consent to receive communications fromGroup Buying Depot in an electronic form; and (b) agree that all termsand conditions, agreements, notices, disclosures, and othercommunications that Group Buying Depot provides to you electronicallysatisfy any legal requirement that such communications would satisfy ifit were in a writing. The foregoing does not affect your non-waivablerights. Entire Agreement, Changes to this Agreement and Waivers
TheseTerms of Service, together with the Privacy Policy athttp://groupbuyingdepot.com/page.php?id=18 and any other legal noticespublished by Group Buying Depot on the Site or any Deal Voucher, shallconstitute the entire agreement between you and Group Buying Depotconcerning Group Buying Depot. We may change the terms of thisAgreement from time to time on a going-forward basis, and any suchmodifications become effective immediately upon being posted to theSite. It is your sole responsibility to check the Site from time totime to view any such changes in the Agreement. If you do not agree toany changes, if and when such changes may be made to the Agreement, youmust cease use of the Site and Services. Your use of the Site andServices after any modifications to the Agreement indicates that youagree to such modified Agreement. Any changes to this Agreement (otherthan as set forth in this paragraph) or waiver of Group Buying Depot’srights hereunder shall not be valid or effective except in a writtenagreement bearing the physical signature of an officer of Group BuyingDepot. No purported waiver or modification of this Agreement by GroupBuying Depot via telephonic or email communications shall be valid. General Terms
Youand we are independent contractors, and nothing in this Agreementcreates a partnership, employment relationship or agency. There are nothird-party beneficiaries of this Agreement. You may not assign thisAgreement or your rights and obligations hereunder, in whole or inpart, to any third party without our prior written consent, and anyattempt by you to do so will be invalid. Should any part of thisAgreement be held invalid or unenforceable, that portion will beconstrued consistent with applicable law and the remaining portionswill remain in full force and effect. Our failure to enforce anyprovision of this Agreement will not be considered a waiver of theright to enforce such provision. Our rights under this Agreement willsurvive any termination of this Agreement. These Terms of Service shallbe governed by the internal substantive laws of the State of Delaware.Any claim or dispute between you and Group Buying Depot that arises inwhole or in part from Group Buying Depot shall be decided exclusivelyby a court of competent jurisdiction located in Delaware.
YOUAND Group Buying Depot AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF ORRELATED TO Group Buying Depot MUST COMMENCE WITHIN ONE (1) YEAR AFTERTHE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION ISPERMANENTLY BARRED.
You represent that you are legally able toaccept these Terms of Service. you affirm that you are either more than18 years of age, or an emancipated minor, or possess legal parental orguardian consent, and are fully able and competent to enter into theterms, conditions, obligations, affirmations, representations, andwarranties set forth in these Terms of Service, and to abide by andcomply with these Terms of Service. And as stated in the ConditionalUse of Our Site and Service, above, you affirm that you are, in anycase, 13 years of age or older. If you aren't, you must please leaveGroup Buying Depot.
Last updated: May 11, 2010 |
