Last Revision Date: December 21, 2009
This Shopper Account Terms of Use Agreement (“Shopper Agreement”) governs your access to and use of a Shopper Account (as defined below). Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular areas of the Site. This Shopper Agreement incorporates the provisions of the Website Terms of Service (the “TOU Agreement”), which include our Privacy Policy. All capitalized terms used in this Shopper Agreement but not defined in it have the meaning given them in the TOU Agreement.
Access to, and use of the Site as a Shopper is subject to the terms of this Shopper Agreement. By accessing, using, or obtaining any content, products, or services through the Site, you agree to be bound by these terms. If you do not agree with all of these terms, then please do not use the Site.
Site Usage
Subject to this Agreement, Spreezio grants you a limited, personal, nontransferable, non-sublicensable license to use the Site, including the ability to: (a) search for local business, products, and services, (b) create and send offers , (c) accept offers and counter offers, and (d) invite people or Merchants you know to register with Spreezio. Except for this limited license, we do not grant you any other rights or license with respect to this Site. Any rights or license not expressly granted herein are reserved.
In consideration of your use of the Site, you must: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site; (b) maintain the security of your password and alias; (c) promptly update any information you provide to Spreezio, to keep it accurate, current and complete; (d) be fully responsible for all use of your account and for any actions that take place using your account, and (e) if you become aware of any unauthorized use of your password or your account, you must notify Spreezio immediately at the contact page.
Spreezio Mobile Services
The Site includes certain services that are available via your Smartphone, including, without limitation: (i) the ability to search for local Merchants , merchandise, and services, (ii) the ability to create and send offers to Merchants based on geo-location, (iii) the ability to make offers, and (iv) the ability to access certain Spreezio features through a mobile application you have downloaded and installed on your Smartphone (collectively the “Mobile Services”). Your carrier's normal messaging, data and other rates and fees will still apply and you are solely responsible for these charges. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your Smartphone, and what restrictions, if any, may be applicable to your use of such Mobile Services.
Spreezio may communicate with you regarding Spreezio and other entities by 3G or other electronic means to your Smartphone and certain information about your usage of the Mobile Services may be communicated to Spreezio. If you change or deactivate your mobile telephone number, you must promptly update your Spreezio account information to ensure that your messages are not sent to the person that acquires your old number.
Changes to this Agreement
Spreezio may, at its discretion, modify this Shopper Agreement at any time by updating this posting. Your use of the Site and your Shopper Account following such notification constitutes your acceptance of this Shopper Agreement as modified. You will be responsible for reviewing and becoming familiar with any such modifications.
Shopper Account
To use the Site, you must create an account and provide information about yourself to Spreezio. A “Shopper Account” is an account for your personal, non-commercial use only, and may be used to submit offers, photographs, voice memos, and other types of User Content. In creating a Shopper Account, you must provide complete and accurate information about yourself. You are permitted to use an alias name. The alias name will be communicated to Merchants. Notwithstanding the foregoing, you may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), provide an email address other than your own, or create multiple Shopper Accounts.
Protection of your Account
You are responsible for maintaining the confidentiality of your Account password. You are also responsible for all activities that occur in connection with your account. . This is essential to protect the confidentiality and security of any information that may be stored in your Account. You will be held responsible for all activities that occur in connection with your Account. You must notify Spreezio immediately of any unauthorized use of your account.
Usage Rules
Spreezio’s policies help to create a fair, safe, and enjoyable shopping environment for the Spreezio community. The policies and guidelines are intended to: 1) minimize risk to Shoppers and 2) encourage the completion of accepted offers in a timely manner.
As a Shopper, you must:
General User Conduct
You may not:
Pricing Errors
We endeavor to publish and maintain accurate prices and information for the products and services displayed on our Site. Shoppers and Merchants provide us with these prices and other information in their offers and counteroffers. In the event, however, that a product or service is listed or provided to us at an incorrect price or with incorrect information due to typographical error or other error in pricing or service information received from our Shoppers or Merchants, we retain the right to refuse or cancel any offers, counteroffers or proposals made for such product or service.
Disputes, Release
All transactional disputes should be settled between the respective parties.
If you have a dispute with a Sales Representative, Merchant or another Shopper, you release Spreezio (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 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.” Spreezio reserves the right, but has no obligation, to monitor your use of the Site and any disagreements between you and other users.
Payment Terms
If you subscribe to any services on the Site for a charge, you must pay the applicable fees (including, without limitation, monthly fees for premium accounts) as they become due plus all related taxes and reimburse us for any collection costs and interest for any overdue amounts.
Cancellation; Termination
If you wish to discontinue using the services, then you must cancel your subscription by sending an email to support@spreezio.com option.
Spreezio reserves the right to terminate your Account at any time and for any reason without any liability to you.
Relation of Parties
Spreezio’s relationship with you is that of an independent contractor, and nothing in this Agreement is intended, or should be construed, to create a partnership, agency, joint venture, employment relationship or obligation of a fiduciary duty by either party to the other.
Spreezio does not transfer legal ownership of items from the Merchant to the Shopper, and nothing in this Agreement may be deemed to make Spreezio the legal owner of any goods advertized on the Site.
User Content Posted on the Site
You are solely responsible for offer photos, profile (including your name), voice messages, text, offers, search information, and other content that you upload, publish or display on or through the Site, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the Site that you do not own or for which you do not have a license. Spreezio may, but is not obligated to, review the Site and may delete or remove (without notice) any User Content in its sole discretion, including User Content that in Spreezio’s sole judgment violates this Agreement or that might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Spreezio.
Rights to User Content
When you post User Content to the Site, you authorize and direct Spreezio to make such copies thereof as Spreezio deems necessary to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Spreezio an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to access, use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), prepare derivative works of, incorporate into other works, and distribute such User Content on the Site for any purpose, commercial, advertising, or otherwise, on or in connection with the promotion of the Site, and to grant and authorize sublicenses of the foregoing. To the extent permitted by applicable law, you irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content.
You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that Spreezio may retain archived copies of your User Content. As between Spreezio and you, subject to the rights granted to Spreezio in this Agreement, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
Spreezio and its licensees may display advertisements and other information adjacent to or included with your User Content on the Site. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without notice to you.
Limitation of Liability
Spreezio is not responsible or liable in any manner for deals made between Shoppers, Merchants, and Sales Representatives. Spreezio is not responsible or liable in any manner for the conduct whether online or offline, of any user of the Site.
The Site may be temporarily unavailable from time to time for maintenance or other reasons. Spreezio assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.
Harmful Software
YOU SHOULD EXERCISE CAUTION IN USING ANY CONTENT OR MATERIALS that you have downloaded from the Site, AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SITE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR EQUPMENT, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.