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Terms and Conditions

 

TERMS OF USE FOR MERCHANTS This Agreement was last revised on March 20, 2013. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE CRAZY MOUSE, LLC ("CRAZYMOUSE", "WE" OR "US") SERVICES, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE, WHETHER OR NOT YOU ARE A REGISTERED USER OF OUR SERVICES. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT USE THE SERVICES (AS DEFINED BELOW). Welcome to JoopLoop, a mobile service of CrazyMouse, LLC. This page explains the terms by which You may use the JoopLoop website and/or mobile device software applications (the "JoopLoop Software"), application program interfaces, applications for third-party web sites and services and any other web or mobile services or applications owned, controlled, or offered by CrazyMouse in association with this site (collectively the "Services"). We reserve the right to amend this Agreement at any time by notifying You as provided in this Agreement, provided that no notice shall be required for non-substantive changes to the Agreement. We will notify You if substantive changes are made to this Agreement. Notification may be provided by sending You an email, by posting a notice on the JoopLoop website, by posting the revised Terms of Use on the JoopLoop website and revising the date at the top of these Terms of Use or by other forms of notice as determined by CrazyMouse. Your continued use of the Services following the posting of the revised Terms of Use or other notice of such changes constitute your acceptance of such changes or modifications. Otherwise, any changes or modification will be effective within thirty (30) days of the posting of the revised Terms of Use on the Site unless You terminate your use or access to the Services. Therefore, You should review these Terms of Use whenever You access or use the Services and at least every thirty (30) days to ensure that You understand the Terms of Use that apply to your access to use of the Services. USE OF OUR SERVICES You may access and use the Services only in compliance with these Terms of Use and applicable laws. Merchants subscribing to JoopLoop ("Merchants," “Users,” or “You”) may post discounts, gifts, or offers related to their business or services, and receive access to an online engagement portal to review data and information regarding end-users of the JoopLoop Software and Services in connection with their business or services. Merchants can use such data to engage with their customers, build loyalty and get a better understanding of their consumers’ reaction to their product based on rewards served, sentiment, content shares, etc. This Services is intended solely for Users who are thirteen (13) years of age or older. Any use or access to the Services by anyone under 13 is strictly prohibited and in violation of this Agreement. If You are between 13 years of age and 18 years of age, You may Use the Services only if You either are an emancipated minor or have the consent of your parent or legal guardian, and are fully able and competent to enter into this Agreement and to abide by and comply with its terms. You agree to use the Services only in accordance with our Terms of Use. All aspects of the Services are subject to change or elimination at CrazyMouse’s sole discretion. CrazyMouse reserves the right to interrupt the Services and/or to permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Services with or without prior notice for any reason or no reason. You agree that CrazyMouse will not be liable to You for any interruption of the Services or your account. You are solely responsible for your interactions with other JoopLoop Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. CrazyMouse shall have no liability for your interactions with other Users, or for any User's action or inaction. ACCEPTABLE USE POLICY You agree to not use the Services to harm, threaten, or harass another person, organization, or CrazyMouse. In addition, You agree You will not commit, attempt to commit, or assist others in committing the following conduct: Unlawful Use: You may not use the Services for any unlawful purposes or for promotion of illegal activities. You may not post any Content on the Services in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation. International users agree to comply with all local laws regarding online conduct and acceptable content. Information Quality: You may not post Content or use the Services to create an impression that You know is incorrect, misleading, or deceptive. This includes creating false check-ins or otherwise misrepresenting your location. Offensive Content: You may not post Content that is hateful, abusive, threatening, profane, or otherwise objectionable. Commercial Solicitation: You may not use the Services for any commercial solicitation purposes other than the authorized purposes specified in the Terms of Use Impersonation: You may not impersonate others through the Services or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others. Privacy: You may not publish or post other people's private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission. Spam: You may not use the Services for the purpose of spamming anyone. Malware, Phishing: You may not publish or link to malicious content intended to damage or disrupt another user's browser or computer or to compromise a user's privacy. Technical Interference: You may not do any of the following while accessing or Using the JoopLoop Services: (i) access, tamper with, or use non-public areas of the Services, CrazyMouse’s computer systems, or the technical delivery systems of JoopLoop’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Software by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by CrazyMouse (and only pursuant to those terms and conditions), unless You have been specifically allowed to do so in a separate agreement with CrazyMouse (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; (v) use the Services to overload CrazyMouse’s or another’s server; or (vi) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. CrazyMouse may investigate and/or suspend your account if You violate any of the above policies. CrazyMouse reserves the right to immediately terminate your account without further notice in the event that, in its judgment, You violate this or any provision in the Terms of Use. Suspension and Termination of Your Use of the Services You may stop Using the Services at any time. We reserve the right to temporarily suspend or terminate your access to the Services at any time in our sole discretion, with or without cause, and with or without notice, without incurring liability of any kind. For example, We may suspend or terminate your access to or use of the Services in the event of: (a) the actual or suspected violation of these Terms of Use; (b) the use of the Services in a manner that may cause CrazyMouse to have legal liability or disrupt others' use of the Services; (c) the suspicion or detection of any malicious code, virus or other harmful code loaded into the Software or Services by You or in your account; (d) scheduled downtime and recurring downtime; or (e) unplanned technical problems and outages. END USER LICENSES License Grant CrazyMouse hereby grants You a non-exclusive, non-transferable, revocable license to use the JoopLoop Software to upload discounts, promotions, or offers for your business. You agree that the JoopLoop software is licensed, and not sold. We reserve all rights to the Software. Restrictions You may not: (i) modify, disassemble, decompile or reverse engineer the JoopLoop Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the JoopLoop Software to any third party or use the JoopLoop Software to provide time sharing or similar services for any third party; (iii) make any copies of the JoopLoop Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the JoopLoop Software, features that prevent or restrict use or copying of any content accessible through the JoopLoop Software, or features that enforce limitations on use of the JoopLoop Software; or (v) delete the copyright and other proprietary rights notices on the JoopLoop Software. Third-Party Code Any third-party code that may be included along with or linked to the JoopLoop Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. CrazyMouse makes no representations or warranties as to third party code. Government End Users If the JoopLoop Software is being acquired on behalf of the United States Government, the Access and Documentation are "commercial computer software" and "commercial computer software documentation," respectively, as such terms are used in 48 C.F.R. § 12.212 of the Federal Acquisition Regulations ("FAR") and its successors and 48 C.F.R. § 227.7202 1 through § 227.7202 4 (June 1995) of the Department of Defense FAR Supplement and its successors. Users accessing the Software on behalf of the U.S. government have the same rights as provided in this agreement. Access Subject to these Terms of Use, the Services are provided solely for your own use, and not for the use or benefit of any third party. USER CONTENT Some areas of the Services may allow Users to post and/or create recommendations, feedback, comments, and other information (collectively "User Content"). You are solely responsible for User Content that You upload, publish, display, link to or otherwise make available (hereinafter, "post") on the Services. The User Content will be publicly available. You agree that You post all User Content on the Services at your own risk, and that We are only acting as a passive conduit for your online distribution and publication of your User Content. You agree to comply with the Acceptable Use Policy in posting User Content. CrazyMouse takes no responsibility and assumes no liability for any User Content that You or any other User or third party posts through the Services. CrazyMouse is not responsible for verifying the accuracy or moderating the User Content, and You may be exposed to User Content that is inaccurate or objectionable. CrazyMouse is also not responsible for any loss or damage, or for any user conduct, nor is CrazyMouse liable for any mistakes, misuse, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity You may encounter. Any access, use or reliance on User Content is at your own risk. Upgrades You acknowledge that CrazyMouse may from time to time issue upgraded versions of the JoopLoop Software and Services. During these upgrades, We may add or remove functionalities or features, and We may suspend or stop a component of the Software or Services altogether. You consent to such automatic upgrades, and agree that the terms and conditions of this Agreement will apply to all such upgrades. LICENSE GRANT By posting any User Content on the Services, You expressly grant, and You represent and warrant that You have a right to grant to CrazyMouse a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services. You agree that any feedback, comments, or suggestions You may provide regarding JoopLoop or the Services is entirely voluntary and We will be free to use such feedback, comments or suggestions as We see fit and without any obligation to You. You also agree that You expressly grant, and You represent and warrant that You have the right to grant, to CrazyMouse a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use and reproduce your trademarks for purposes related to the JoopLoop Software and Services. THIRD-PARTY CONTENT The Services may contain links to third-party websites, advertisers, or services that are not owned or controlled by CrazyMouse. CrazyMouse has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third party websites or services. If You access a third party website from JoopLoop, You do so at your own risk, and You understand that this Agreement and CrazyMouse’s Privacy Policy do not apply to your use of such sites. You expressly relieve CrazyMouse from any and all liability arising from your use of any third-party website or services or third party owned content. We encourage You to be aware of when You leave the Services, and to read the terms and conditions and privacy policy of any third-party website or service that You visit. PRIVACY We care about the privacy of our Users. To learn more, view our Privacy Policy. By Using the Services, You are consenting to have your personal data transferred to and processed in the United States. SECURITY We have implemented commercially reasonable technical and organizational measures designed to implement your privacy settings and secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, We cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that You provide your personal information at your own risk. OUR PROPRIETARY RIGHTS Except for your User Content, all right, title, and interest in and to the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "JoopLoop Content") are and will remain the exclusive property of CrazyMouse and its licensors. All rights not explicitly granted to You are reserved by CrazyMouse. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the JoopLoop Content or materials on the Services for any purpose not expressly permitted by this Agreement is strictly prohibited. Copyright Unless otherwise indicated, the Services, Software, and all content and other materials included in the Services, including, without limitation, the JoopLoop logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "JoopLopp Materials") are the proprietary property of CrazyMouse or its partners and are protected by U.S. and international copyright laws. Trademark JoopLoop, the JoopLoop logos and any other JoopLoop product or service name or slogan contained in the Services or Software are trademarks of CrazyMouse, and may not be copied, imitated or used, in whole or in part, without the prior written permission of CrazyMouse or the applicable trademark holder. In addition, the look and feel of the Services and Software, including all page headers, custom graphics, button icons and scripts, the service mark, trademark and/or trade dress of CrazyMouse and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in or used in connection with the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Us. COPYRIGHT COMPLAINTS In accordance with the Digital Millenium Copyright Act (“DMCA”), if You believe that any material contained in the Services or Software infringes your copyright or other intellectual property rights, You should notify Us of such infringement with our Designated Agent as set forth below: Name of Agent Designated to Which Notification Should be Sent: DMCA Copyright Agent Address of Designated Agent: DMCA Copyright Agent c/o CrazyMouse, LLC 22 Hudson Place Hoboken, NJ 07030 Telephone Number of Designated Agent: (201) 240-6152 Email of Designated Agent: DMCAcopyrightagent@crazymousemedia.com Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if You knowingly misrepresent in your notification that the material or activity is infringing, You will be liable for any damages, including costs and attorneys' fees, incurred by Us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. REPEAT INFRINGER POLICY In accordance with the DMCA, CrazyMouse will, in appropriate circumstances, terminate account holders or subscribers who are deemed to be repeat infringers. CrazyMouse may also at its sole discretion limit access to the Services and/or terminate the accounts of any Users who infringe any intellectual property of others, whether or not there is any repeat infringement. If You believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact Company and provide information sufficient for Us to verify that the account holder or subscriber is a repeat infringer. ADDITIONAL REPRESENTATIONS AND WARRANTIES In connection with your User Content, You affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, that: (a) You have the right, power and authority to enter into this Agreement; (b) You have the written consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the manner contemplated by the Services and this Agreement, and each such person has released You from any liability that may arise in relation to such use; (c) your User Content and JoopLoop’s use thereof as contemplated by this Agreement and the Services will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity; and (d) CrazyMouse may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise. Use of Software and ServiceS in Other Countries and Export Restrictions The Services are controlled and operated from its facilities in the United States. CrazyMouse makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. The Software and Services may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations ("EAR", 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, You agree and warrant not to export or re-export the Software or Services to any country, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges. INDEMNITY You agree to defend, indemnify and hold harmless CrazyMouse and its employees, independent contractors, subsidiaries, agents, managers, partners (including, without limitation, its wireless carrier partners), and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by You; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim for damages that arise as a result of any of your User Content or any that is submitted via your account; (vi) any other party's access and use of the Services with your unique username, password or other appropriate security code; or (vii) your use the Services to meet another User in-person or to locate and/or visit any offline place or event. CrazyMouse will reasonably notify You of any such claim or demand that is subject to your indemnification obligation. NO WARRANTY THE SERVICES ARE PROVIDED ON AN "AS IS," “WITH ALL FAULTS,” AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, CRAZYMOUSE, ITS PARTNERS AND LICENSORS DISCLAIM ANY WARRANTIES, WHETHER EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES WILL BE ABLE TO DETECT THE LOCATION OF YOUR BUSINESSES USING STANDARD GPS OR SIMILAR TECHNOLOGY; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CRAZYMOUSE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (B) YOUR USE OR INABILITY TO USE THE SERVICES; (C) THE SERVICES GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE JOOPLOOP SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH JOOPLOOP OR ANY OTHER USER OF THE JOOPLOOP SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT CRAZYMOUSE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Governing Law and Venue This Agreement and the resolution of any dispute related to this Agreement or the Services shall be governed and construed in accordance with the laws of New Jersey, without giving effect to any principles of conflicts of laws. Any legal action or proceeding relating to this Agreement or the Services shall be brought exclusively in a federal or state court sitting in the State of New Jersey, and the parties hereto have agreed to the jurisdiction of such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Arbitration For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notices CrazyMouse may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to You via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by CrazyMouse in our sole discretion. CrazyMouse reserves the right to determine the form and means of providing notifications to our Users, provided that You may opt out of certain means of notification as described in this Agreement. Severability If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. ASSIGNMENT This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by CrazyMouse without restriction. Waiver No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and CrazyMouse’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right. Entire Agreement This Agreement, together with any amendments and other legal terms referenced in the Agreement, shall constitute the entire agreement between You and CrazyMouse concerning the JoopLoop Services. CONTACT INFORMATION Please contact Us with any questions regarding this Agreement. CrazyMouse, LLC 22 Hudson Place, Suite 5S Hoboken, NJ 07030