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Purchase.com Terms of Service

The Terms and Conditions ("T's & C's") governs our relationship with you and other guests who interact with Purchase.com. By using or accessing Purchase.com, you agree to these T's & C's.
  1. Privacy
    Your privacy is very important to us. For information about Purchase.com's practices, please read Purchase.com's Privacy Policy at http://www.purchase.com/privacy.html.

    This policy explains how Purchase.com treats your personal information, and protects your privacy.

    You agree to the use of your data in accordance with Purchase.com's privacy policies


  2. Sharing Your Content and Information
    You own all of the content and information you post on Purchase.com. In order for us to use certain types of content and provide you with Purchase.com, you agree to the following:

    For content that is covered by intellectual property rights, like photos, product information, logos, etc. ("IP content"), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Purchase.com ("IP License").

    We always appreciate your feedback or other suggestions about Purchase.com, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).


  3. Safety
    We do our best to keep Purchase.com safe, but we cannot guarantee it. We need your help in order to do that, which includes the following commitments:
    1. You will not send or otherwise post unauthorized commercial communications to users (such as spam).
    2. You will not collect users' information, or otherwise access Purchase.com, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
    3. You will not upload viruses or other malicious code.
    4. You will not solicit login information or access an account belonging to someone else.
    5. You will not bully, intimidate, or harass any user.
    6. You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
    7. You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
    8. You will not use Purchase.com to do anything unlawful, misleading, malicious, or discriminatory.
    9. You will not facilitate or encourage any violations of these T's & C's.


  4. Registration and Account Security
    Purchase.com users may provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
    1. You will not provide any false personal information on Purchase.com, or create an account for anyone other than yourself without permission.
    2. You will not use Purchase.com if you are under 13.
    3. You will not use Purchase.com if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
    4. You will not use Purchase.com if you are a convicted sex offender.
    5. You will keep your contact information accurate and up-to-date.
    6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
    7. You will not transfer your account to anyone without first getting our written permission.


  5. Protecting Other People's Rights
    We respect other people's rights, and expect you to do the same.
    1. You will not post content or take any action on Purchase.com that infringes someone else's rights or otherwise violates the law.
    2. We can remove any content you post on Purchase.com if we believe that it violates these T's & C's.
    3. We will provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.
    4. If we removed your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
    5. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
    6. You will not use our copyrights or trademarks without our written permission.
    7. If you collect information from users, you will: obtain their consent, make it clear you (and not Purchase.com) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
    8. You will not post anyone's identification documents or sensitive financial information on Purchase.com.


  6. Mobile
    1. We may provide mobile services; please be aware that your carrier's normal rates and fees, such as text messaging fees, will apply.
    2. In the event you change or deactivate your mobile telephone number, you will update your account information on Purchase.com within 48 hours to ensure that your messages are not sent to the person who acquires your old number.


  7. Special Provisions Applicable to Advertisers
    You can buy ads on Purchase.com. The following additional terms apply to you if you place an Order through Purchase.com: If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:
    1. When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available.
    2. You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.
    3. Your ads will comply with our Ad Guidelines
    4. We will determine the size, placement, and positioning of your ads.
    5. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
    6. We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
    7. You will not offer any contest or sweepstakes ("promotion") without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws.
    8. You can cancel your Order at any time through Purchase.com, but it may take us seven days before the ad stops running.
    9. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ads, your ads may remain until the users delete it.
    10. We can use your ads and related information for marketing or promotional purposes.
    11. You will not issue any press release or make public T's & C's about your relationship with Purchase.com without written permission.
    12. We may reject or remove any ad for any reason.
    13. You warrant that you have the legal authority to bind the advertiser to these T's & C's.
    14. You agree that if the advertiser you represent violates these T's & C's, we may hold you responsible for that violation.


  8. Amendments
    We can change these T's & C's so long as we provide you notice through Purchase.com (unless you opt-out of such notice) and an opportunity to comment.

    We can make changes for legal or administrative reasons upon notice without opportunity to comment.


  9. Termination
    If you violate the letter or spirit of these T's & C's, or otherwise create possible legal exposure for us, we can stop providing all or part of Purchase.com to you. We will generally try to notify you, but have no obligation to do so.

    You may also delete your account or disable your application at any time. In all such cases, these T's & C's shall terminate, but its provisions will still apply


  10. Disputes
    1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to these T's & C's or Purchase.com in a state or federal court located in San Francisco County. The laws of the State of California will govern these T's & C's, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in San Francisco County, California for the purpose of litigating all such claims.
    2. If anyone brings a claim against Purchase.com related to your actions or your content on Purchase.com, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
    3. WE TRY TO KEEP PURCHASE.COM UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING PURCHASE.COM "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT PURCHASE.COM WILL BE SAFE OR SECURE. PURCHASE.COM IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE T'S & C'S OR PURCHASE.COM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE T'S & C'S OR PURCHASE.COM WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, PURCHASE.COM'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.


  11. Definitions
    1. By "Purchase.com" we mean the features and services we make available, including through (a) our website at www.Purchase.com and any other Purchase.com branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our Platform; and (c) other media, devices or networks now existing or later developed.
    2. By "us," "we" and "our" we mean Purchase.com, Inc. and/or its affiliates.
    3. By "Platform" we mean a set of APIs and services that enable applications, developers, operators or services to retrieve data from Purchase.com and provide data to us relating to Purchase.com users.
    4. By "content" we mean the content and information you post on Purchase.com, including information about you and the actions you take.
    5. By "post" we mean post on Purchase.com or otherwise make available to us.
    6. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.


  12. Other
    1. These T's & C's make up the entire agreement between the parties regarding Purchase.com, and supersedes any prior agreements.
    2. If any portion of these T's & C's is found to be unenforceable, the remaining portion will remain in full force and effect.
    3. If we fail to enforce any of these T's & C's, it will not be considered a waiver.
    4. Any amendment to or waiver of these T's & C's must be made in writing and signed by us.
    5. You will not transfer any of your rights or obligations under these T's & C's to anyone else without our consent.
    6. All of our rights and obligations under these T's & C's are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
    7. Nothing in this Agreement shall prevent us from complying with the law.
    8. These T's & C's do not confer any third party beneficiary rights.


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