Terms Of Use

Dealhack Terms Of Use

Introduction

You have reached the Terms of Use and Service (the “Terms”) for the website located at dealhack.com (the “Site”), including its mobile optimized version. These Terms shall also include any ancillary terms and guidelines made available to you by and Backside Media Inc. from time to time and incorporated herein by reference. Backside Media Inc. shall be referred to herein as “Backside Media”, “Dealhack”, and also ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein refer to Backside Media and/or its affiliates, assignees, shareholder, subsidiaries, assignees, successors, affiliates, and/or brands. These Terms constitute a legally binding agreement between you and us. If you do not agree to these Terms, please, exit the Site and stop the use of our Services. You must read these Terms and our Privacy Policy (the “Policy”).

As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site, whether registered under an account or not. To prevent any breach of the Terms hereof and to enforce any available remedy, we reserve the right to undertake any technical, legal or administrative measures that we deem necessary, at any time, without prior notice and in our sole discretion.

Acceptance

If you continue to browse and use this Site you hereby acknowledge and agree to be bound by and under these Terms which, together with our Policy, will rule Dealhack’s relationship with you in relation to the Site and any services offered thereby (the “Service(s)”). These Terms include a jury trial and class action waiver, and require binding arbitration on an individual basis in order to resolve possible disputes. These Terms also limit the remedies that may be available to you in the event of a dispute with us.

Parental Notice

Upon the terms and conditions of 47 U.S.C. Section 230(d), Dealhack informs its users about the commercial availability of parental control mechanisms which may assist them in limiting access to minors of material that is or may be considered harmful. Dealhack thereby encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by children and minors. Dealhack does not knowingly provide its Services to persons under the age of thirteen (13). If you are under such age, you can only use the Site under the direct supervision of your parent or legal guardian. Users over the age of eighteen (18) can use the Site freely, but are otherwise prohibited from providing Dealhack with personally identifiable information of persons under the age of eighteen (18) without the consent of their parents or legal guardians.

In compliance with the terms of the Children’s Online Privacy Protection Act (‘COPPA’), Dealhack does not knowingly collect any kind of information from any person under the age of thirteen (13), and will delete any purported information related thereto. For more information, please read our Policy.

Services

Dealhack provides its users with a web platform where they may post coupons, codes, rebates and offers for products and services, among other functionalities offered by Dealhack from time to time. Your access to the Site is on a free basis and is only offered for your individual, non-commercial use, and not for the use or benefit of any third party you may represent. As a general rule, users can freely post coupons, codes, rebates and offers, and users may browse them and see them and have them send to their email address for free.

Dealhack has the right (but not the obligation) to: (i) review the coupons, codes, rebates and offers for products and services displayed on the Site; and (ii) remove, without notice and at our sole discretion, any and all coupons, codes, rebates and offers for products and services posted us or by any of our users. Access to the Site may be terminated or suspended without prior notice or liability of Dealhack. You represent and warrant to us that you have all right, title, and interest to any and all content you may post, upload or otherwise disseminate through the Site, including any copyright release, and that such posting, uploading or dissemination does not infringe the intellectual property rights of any third party.

Prohibited Activities

You agree not to, and will not undertake, motivate, or facilitate the use or access of the Site and/or Dealhack by others to:

  • Infringe these Terms or allow, encourage, or facilitate others to.
  • Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party.
  • Enable any process to data-mine the Site (e.g. robots or similar data gathering and extraction tools).
  • Disturb the normal flow of coupons, codes, rebates and offers within the Site.
  • Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous;
  • Create a link from the Site to another website or document without Dealhack’s prior written consent;
  • Obscure or edit any copyright, trademark or other proprietary rights notice or mark appearing on the Site;
  • Create copies or derivate works of the Site or any part thereof;
  • Otherwise reverse engineer, decompile or extract the Site’s source code;
  • Remit or otherwise make or cause to deliver unsolicited advertising, email spam or other chain letters;
  • Collect, receive, transfer or disseminate any personally identifiable information of any person without consent from title holder; and/or
  • Pretend to be or misrepresent any affiliation with any legal entity or third party.

You also acknowledge and accept that you will treat your username or password as confidential and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Site and use of our Services, without refund, reimbursement, or any other credit on our part.

Account

In order to use some functionalities of the Site, you may need to register for a professional account. You are solely responsible for the activity that occurs on your Account and for keeping your password secure. We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate your account upon any factual or alleged breach of these Terms. You must notify Dealhack immediately of any change in your eligibility to use the Site if you suspect a breach of security or unauthorized use of your account.

No Spam

We reserve the right to screen our content to locate and delete any spam or deceiving coupon, code, offer or link to any product or service. We will not tolerate, and we will not allow others to undertake through our Services or Site, any and all massive delivery of unsolicited bulk communications to our users or to any third party, in compliance with the Controlling the Assault of Non-Solicited Pornography And Marketing Act (‘CAN-SPAM Act’). Any commercial electronic communication (“CEM”) that you receive from us our partners, licensors, suppliers and affiliates will require your prior consent to such communication. Our CEMs will include measures in order for you to stop receiving them, usually through an unsubscribe link. Please see our Policy for more information.

License

Subject to your compliance of these Terms and our Policy, and in order for you to use and access our Services and Site, Dealhack hereby grants you a limited license, royalty-free, non-sublicensable, non-exclusive, revocable, non-transferable and for the entire world; in accordance with the terms and conditions set forth herein.

Ownership

The trademarks, copyright, service marks, trade names and other intellectual and proprietary notices displayed on the Site are the property of – or otherwise are licensed to – Backside Media or its licensors or affiliates, whether acknowledged (or not) on the Site, and which are protected under intellectual and proprietary rights in Canada and other jurisdictions throughout the world. Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers.

No section hereof shall be construed as intent to grant to you any interest in the Site or our Services, in whole or in part. All content and materials included as part of the Services, such as images, photographs, graphics, text, data, logos, code, icons, videos, audio and other content are the property of or are licensed to Dealhack, its affiliates, its licensors or to the appertaining third party copyrights holder

You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in the Site and our Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.

Digital Millennium Copyright Act (‘DMCA’) Notice

In compliance with the DMCA, Dealhack informs you that Backside Media Inc. is its designated copyright agent for DMCA Takedown Notices and intellectual property rights infringement policing through the Site, which you may contact at 2001-21 Grand Magazine Street, Toronto, ON, Canada, M5V1B5 or via our contact form. You can review the DMCA text at the U.S. Copyright Office website (www.copyright.gov). Dealhack takes copyright infringement matters seriously and is ready to remove any allegedly or factually infringing content displayed on the Site upon due notice and request by the title holder.

The following procedure will apply for any content displayed on the Site that allegedly infringes the intellectual property rights of you or of any third party. You must notify us of your claim with subject: “Takedown Request”. Once received, Dealhack will study and consider your claim and, if it believes or has reason to believe any content on the Site infringes on another’s copyright, Dealhack may delete it, disable or otherwise stop displaying it.

Your notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g. address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good-faith belief that the information provided in your claim is true and accurate.

DMCA Counter Claim Notice

Given our business model, our affiliates, advertisers, partners and third party syndicated content providers may be adversely affected due to a DMCA Takedown Notice. Accordingly, upon receipt of any such notice, we will try to contact the content owner or webmaster of the affected site to uphold their right to a Counter Claim Notice, under Sections 512(g)(2) and (3) of the DMCA. To file a Counter Claim Notice, please contact our Designated Agent indicated above, in writing, and with a Counter Claim Notice containing the following information, at a minimum: (i) express identification of the content that we may have or have removed from our Site and section or domain it was displayed; (ii) contact information, such as your address and your email address; (iii) a signature and identification of the title holder and/or the person authorized to act; and (iv) a statement indicating that you swear, under penalty of perjury, that you have a good-faith belief that the information provided in the Counter Claim Notice is true and accurate.

Third party links

From time to time, our Site and Services may contain hyperlinks to other websites. These links are for your personal convenience and to provide you with coupons, deals, promo codes, and offers. Provision of such links does not imply any endorsement of such third party websites (or their products and services). Some or all of the images and other content displayed on the Site are licensed and/or purchased stock photos, and are only for illustrative purposes, that is, they may not accurately purport the look and form of a certain item, product or service.

We do not always review the information, pricing, availability or fitness for use of such products and services and they will not necessarily be available or error free or serve your purposes, and any use thereof is at your sole risk. We do not make any endorsements or warranties, whether express or implied, regarding any third party websites (or their products and services). Any linked websites are ruled by their privacy policies, terms and conditions and legal disclaimers. Please read those documents, which will rule any interaction thereof.

Service Continuation

Dealhack hereby reserves the right to update, modify, change, amend, terminate or discontinue the Site, the Terms and/or the Policy, at any time and at its sole and final discretion. Dealhack may change the Site’s functionalities and (any) applicable fees at any time. Any changes to these Terms will be displayed in the Site, and we may notify you through the Site or by email. Please, refer to the date shown below for the date where effective changes were last undertook by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.

Disclaimer of Damages

Backside Media will not be liable to you or to any third party for any direct, indirect, incidental, consequential, special, exemplary or punitive damages, including but not limited to: damages for business interruption, loss of profits, loss of data, computer or software failure or inaccessibility or any other type of personal damages or losses arising out of or related to your use of or inability to use the Site; however caused or however awarded, regardless of the theory of liability applied (including contract, warranty or tort), whether active, passive or imputed, including negligence, strict liability, product liability or other legal theory, regardless of the product or service offered by action or inaction by merchant; and even if you have been advised of the possibility of such damages.

To the fullest extent allowable under applicable law, Backside Media hereby disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability, accuracy, completeness, reliability, suitability, non-infringement or fitness for a particular purpose.

Limitation of Liability

Any and all use of our Site is at your sole and final risk, and you hereby acknowledge and accept that we provide our Site “as is”, “with all faults” and “as available”, including all content, materials, software and/or information provided. Backside Media’s maximum cumulative liability to you for any losses or damages arising out of or related to your use of the Site and any Services thereon shall be limited to the amount that is or results inferior among: (i) the amount paid, if any, by you to us in connection with the Site and any Services during the twelve (12) months prior to the action giving rise to such liability; or (ii) USD$100 (One Hundred United States Dollars).

Certain jurisdictions do not allow the exclusion or limitation of implied warranties or damages. Henceforth, if you fall under the rule of such jurisdictions, part or all of the disclaimers or liability limitations mentioned herein may not apply to you, and you might have additional rights not limited by law.

Indemnification

You agree to indemnify, defend and hold Backside Media and its independent contractors, affiliates, website providers, officers, consultants, and their respective employees, agents and representatives, harmless from and against any and all actual or threatened proceedings (at law or in equity), suits, actions, damages, claims, deficiencies, payments, settlements, fines, judgments, costs, liabilities, losses and expenses (including, but not limited to, reasonable expert and attorney fees and disbursements) arising out of, caused or resulting from: (i) your conduct and any user content; (ii) your violation of these Terms or the Policy; or (iii) your violation of the rights of any third-party.

Generals

Assignment. You may not assign or transfer these Terms by operation of law or otherwise without our prior written consent. Notwithstanding the foregoing, we may assign any rights or obligations hereunder. Any rights not expressly granted herein are hereby reserved. These terms will inure to the benefit of any successors of the parties. We reserve the right, at any time, to transfer some or all of the Dealhack assets, including your personally identifiable information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Force Majeure. Backside Media is no liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Backside Media’s reasonable control, including but not limiting, electronic, power, mechanic or Internet failure.

Headings. The titles of paragraphs in these Terms are shown only for ease of reference and will not affect any interpretation therefrom.

No Waiver. Failure by Backside Media to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

No Relationship. You and Dealhack are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

Notices. Any notices or communications among the parties to these Terms shall be done in writing and shall be delivered to any address the parties may provide. For communications by e-mail, the date of receipt will be the one in which confirmation receipt notice is obtained.

Severability. If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.

Waiver of Class Actions, Non-Individualized Relief. You acknowledge and accept that claims bright against Backside Media shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding. Unless otherwise agreed by you and Backside Media, you may not adjoin or consolidate any claim with more than one person’s; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.

Notice for California Residents. As indicated in the California Civil Code, Section 1789.3, our California users have the right to be made aware of this information: the Site is provided by Backside Media Inc. For any inquiries or complaints regarding the Service or Site, please contact our customer service team by post at Backside Media Inc., Address: 2001-21 Grand Magazine Street, Toronto, ON, Canada, M5V1B5, Email: [email protected] California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

Waiver for California Residents. If you are a user currently residing in the State of California, you hereby acknowledge and waive Section 1542 of the California Civil Code, which states: “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.”

Applicable Law. Your use of this Site and any cause of action, claim and/or dispute that might arise between the parties herein, shall be subject to the laws of Ontario, Canada, without regard to conflict of law principles, except as mutually agreed by the parties as set forth in the Arbitration Section hereinbelow.

Arbitration, Forum. If any party wishes to have any matter arbitrated in accordance with the provisions of these Terms, it shall give written notice to the other party or parties specifying particulars of the matters in dispute. The arbitration shall be conducted by an established alternative dispute resolution ‘ADR’ provider mutually agreed upon by the parties. Arbitration shall be conducted by a single arbitrator agreed upon by the parties to the dispute. Meetings and hearings of the arbitration shall take in person in Toronto, Ontario; or digitally if one party resides outside such place. Any a party to the arbitration may be represented at any meetings or hearings by legal counsel. The decision of the arbitrator shall be rendered within ninety (90) days of the end of the arbitration proceedings, shall be final and binding upon the parties and shall not be subject to any appeal or review procedure provided that the arbitrator has proceeded in accordance with the rules of natural justice. The arbitrator may make any order the arbitrator sees fit as to the costs of the arbitration and the party to bear such costs. The rules and procedures of ADR Chambers, Toronto, as amended from time to time, shall apply to any arbitration conducted hereunder, except to the extent that they are modified by the express provisions of the rules set out herein. If arbitration cannot resolve the issue, you agree to submit to the personal jurisdiction of the courts located in California for litigating all such claims or disputes.

Waiver of Jury Trial. The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes be resolved by ADR arbitration.

Last updated: July 1, 2016.

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