DoubleTakeDeals.com :: Terms of Service
Last Updated: November 28, 2012
By using this website (the "Site"), you agree to be bound by these Terms of Service
and to use the Site in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions
that are referenced herein or that otherwise may apply to specific sections of the
Site, or to products and services that we make available to you through the Site
(all of which are deemed part of these Terms of Service). Accessing the Site, in
any manner, whether automated or otherwise, constitutes use of the Site and your
agreement to be bound by these Terms of Service.
We reserve the right to change these Terms of Service or to impose new conditions
on use of the Site, from time to time, in which case we will post the revised Terms
of Service on this website and update the "Last Updated" date to reflect the date
of the changes. By continuing to use the Site after we post any such changes, you
accept the Terms of Service, as modified.
We also reserve the right to deny access to the Site or any features of the Site
to anyone who violates these Terms of Service or who, in our sole judgment, interferes
with the ability of others to enjoy our website or infringes the rights of others.
Rights and Restrictions Relating to Site Content
Your Limited Right to Use Site Materials
This Site and all the materials available on the Site are the property of us and/or
our affiliates or licensors, and are protected by copyright, trademark, and other
intellectual property laws. The Site is provided solely for your personal noncommercial
use. You may not use the Site or the materials available on the Site in a manner
that constitutes an infringement of our rights or that has not been authorized by
us. More specifically, unless explicitly authorized in these Terms of Service or
by the owner of the materials, you may not modify, copy, reproduce, republish, upload,
post, transmit, translate, sell, create derivative works, exploit, or distribute
in any manner or medium (including by email or other electronic means) any material
from the Site. You may, however, from time to time, download and/or print one copy
of individual pages of the Site for your personal, non-commercial use, provided
that you keep intact all copyright and other proprietary notices. For information
about requesting permission to reproduce or distribute materials from the Site,
please contact us.
Our Right to Use Materials You Submit or Post
When you submit or post any material via the Site, you grant us, and anyone authorized
by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide
license to use, copy, modify, transmit, sell, exploit, create derivative works from,
distribute, and/or publicly perform or display such material, in whole or in part,
in any manner or medium (whether now known or hereafter developed), for any purpose
that we choose. The foregoing grant includes the right to exploit any proprietary
rights in such posting or submission, including, but not limited to, rights under
copyright, trademark or patent laws that exist in any relevant jurisdiction. Also,
in connection with the exercise of these rights, you grant us, and anyone authorized
by us, the right to identify you as the author of any of your postings or submissions
by name, email address or screen name, as we deem appropriate. You understand that
the technical processing and transmission of the Site, including content submitted
by you, may involve transmissions over various networks, and may involve changes
to the content to conform and adapt it to technical requirements of connecting networks
or devices. You will not receive any compensation of any kind for the use of any
materials submitted by you.
Limitations on Linking and Framing
You are free to establish a hypertext link to our Site so long as the link does
not state or imply any sponsorship of your website or service by us or by our Site.
However, you may not, without our prior written permission, frame or inline link
any of the content of our Site, or incorporate into another website or other service
any of our material, content or intellectual property.
How DoubleTakeDeals.com Works
We work with local merchants and businesses ("Merchants") to provide you with the
chance to obtain certificates that give you a discount on the purchase of goods
or services at a particular Merchant ("Discount Certificates"). The amount that
you pay for the Discount Certificate is the "Payment." The amount for which you
may redeem a Discount Certificate with the applicable Merchant is the "Value." The
difference between the two is the "Promotional Value". For example, a Discount Certificate
could allow you to receive $20 worth of goods at a local grocery store if you pay
$10. The Payment for that Discount Certificate is $10. The Value of that Discount
Certificate is $20. The Promotional Value is $10.
If you want to purchase a Discount Certificate that you see in one of our daily
emails or from the magazine, you must log in to your account and make an offer to
purchase the Discount Certificate by entering your credit card information and following
all other instructions. By making an offer, you are committing to purchasing the
Discount Certificate from the Merchant
.
If you want to make an offer for a Discount Certificate, but you do not have an
account, you will be prompted to create one. (See the section entitled "Site Registration
Process" below.)
You will not receive a Discount Certificate, and your credit card will not be charged
for your Payment, until we send you an email confirming that your offer to purchase
a Discount Certificate has been accepted by the Merchant.
When you receive an email notification that your offer was accepted by the Merchant
and your Discount Certificate was issued, then your credit card will be charged
for your Payment, and you can view and print your Discount Certificate by logging
into your account.
TERMS AND CONDITIONS ARE APPLIED TO DISCOUNT CERTIFICATES. Each Merchant may impose
its own terms and conditions on the use and/or redemption of any Discount Certificate(s).
Except as otherwise stated on a Discount Certificate or required by law, the following
terms and conditions apply to all Discount Certificates from all Merchants:
- Discount Certificates cannot be combined with any other coupons, discounts, or promotions;
- If an expiration date is stated, then the Promotional Value expires on the expiration
date. The Payment will expire 5 years from the date of purchase or in accordance
with relevant state laws, whichever is greater. ;
- No refunds, cash back, or credit will be issued for the difference between the Value
of the Discount Certificate and your Payment;
- No refunds, cash back, or credit will be issued for any partially used Discount
Certificate;
- We will refund your Payment for an unused Discount Certificate in the event that
(i) the Merchant ceases doing business prior to the expiration date (if any) of
the Discount Certificate; or (ii) the Merchant does not honor the Discount Certificate
prior to the expiration date (if any) of the Discount Certificate; In order to request
a refund, please contact us at refunds@doubletakedeals.com
with the following information: Your name, login/user name, Discount Certificate
redemption code, Merchant name, and a brief description of the reason that you were
unable to redeem your Discount Certificate. Please allow 5 business days for a response.
- Neither DoubleTakeDeals nor the Merchant will be responsible for lost or stolen
Discount Certificates, or for Discount Certificates that are printed in an illegible
manner;
- Discount Certificates may not be copied or duplicated. Any such copies or duplicates
are null and void;
- Discount Certificates cannot be used for taxes, tips, prior balances, or shipping
or handling charges;
- Use of Discount Certificates for alcoholic beverages is at the Merchant’s discretion;
- The Merchant has the right, in its sole discretion, to substitute goods or services
of equal or greater value at any time.
The Merchant, not us, is the issuer of the Discount Certificate and is the seller
of the goods and services to which the Discount Certificate pertains. Therefore,
the Merchant is solely responsible for (1) complying with the terms of the Discount
Certificate; (2) any and all injuries, damages, costs, liabilities and claims arising
out of, or relating to, the Merchant’s goods or services; and (3) any unclaimed
property liability arising out of Discount Certificates that are unredeemed or are
only partially redeemed.
Site Registration Process
In order to receive emails from us, we may ask you to subscribe by providing certain
personally identifiable information such as your name and email address as well
as certain demographic information such as your city and state of residence. We
may send you an email asking you to verify your subscription to our daily email
service. To access certain features of our Site (including to offer to purchase
a Discount Certificate or to print a Discount Certificate you have purchased), we
may ask you create an account by providing certain demographic information including
your gender, age or year of birth, zip code and country. In addition, if you elect
to sign-up for a particular feature of the Site, such as discussion forums or social
networking features, you may also be asked to register with us on the form provided
and such registration may require you to provide personally identifiable information
such as your name and email address. You agree to provide true, accurate, current
and complete information about yourself as prompted by the Site's subscription and
registration forms. If we have reasonable grounds to suspect that such information
is untrue, inaccurate, or incomplete, we have the right to suspend or terminate
your account and refuse any and all current or future use of the Site (or any portion
thereof). Our use of any personally identifiable information you provide to us as
part of the registration process is governed by the terms of our Privacy Policy.
Responsibility for Your Username and Password
To use certain features of our Site, you will need a username and password, which
you will receive through the Site's registration process. We reserve the right to
reject or terminate the use of any username that we deem offensive or inappropriate.
In addition, we also reserve the right to terminate the use of any username or account,
or to deny access to the Site or any features of the Site, to anyone who violates
these Terms of Service or who, in our sole judgment, interferes with the ability
of others to enjoy our website or infringes the rights of others. You are responsible
for maintaining the confidentiality of the password and account, and are responsible
for all activities (whether by you or by others) that occur under your password
or account. You agree to notify us immediately of any unauthorized use of your password
or account or any other breach of security, and to ensure that you exit from your
account at the end of each session. We cannot and will not be liable for any loss
or damage arising from your failure to protect your password or account information.
Online Commerce
Certain sections of this Site allow you to purchase different types of products
and services online (including Discount Certificates) that are provided by third
parties, such as Merchants. We are not responsible for the quality, accuracy, timeliness,
reliability or any other aspect of these products and services. If you purchase
a Discount Certificate on our Site, or make any other purchase from a third party
on our Site or on a third-party website that you have accessed via a link on our
Site, the information obtained during your visit to that third party's online store
or site, and the information that you give as part of the transaction, such as your
credit card number and contact information, may be collected by both the third party
and us. A merchant may have privacy and data collection practices that are different
from ours. We have no responsibility or liability for these independent policies.
In addition, when you purchase products or services on or through the Site, you
may be subject to additional terms and conditions that specifically apply to your
purchase or use of such products or services. For more information regarding a merchant,
its online store, its privacy policies, and/or any additional terms and conditions
that may apply, visit that merchant's website and click on its information links
or contact the merchant directly. You release us and our affiliates from any damages
that you incur, and agree not to assert any claims against us or any of our affiliates,
arising from your purchase or use of any products or services made available by
third parties through the Site. You agree to be financially responsible for all
purchases made by you or someone acting on your behalf through the Site. You agree
to use the Site, and to purchase services or products through the Site, for legitimate,
non-commercial purposes only. You also agree not to make any purchases for speculative,
false or fraudulent purposes or for the purpose of anticipating demand for a particular
product or service. You agree to only purchase goods or services for yourself or
for another person for whom you are legally permitted to do so. When making a purchase
for a third party that requires you to submit the third party's personal information
to us or a merchant, you represent that you have obtained the express consent of
such third party to provide such third party's personal information.
Responsibility for User-Provided Content
This Site may include a variety of features, such as discussion forums, email services
and social networking features that allow feedback to us and allow users to interact
with each other on the Site and post content and materials for display on the Site.
This Site also may include other features, such as personalized home pages and email
services, that allow users to communicate with third parties. By accessing and using
any such features (if any) on our Site, you represent and agree: (i) that you have
read and agree to abide by our Community Rules
DoubleTakeDeals: The words "Community Rules" should be a hyperlink to a page that
contains the language that appears in the attached document titled "Community Rules."];
(ii) that you are the owner of any material you post or submit, or are making your
posting or submission with the express consent of the owner of the material; (iii)
that you are making your posting or submission with the express consent of anyone
pictured in any material you post or submit, (iv) that you are 13 years of age or
older; (v) that the materials will not violate the rights of, or cause injury to,
any person or entity; and (vi) that you will indemnify and hold harmless us, our
affiliates, and each of our and their respective directors, officers, managers,
employees, shareholders, agents, representatives and licensors, from and against
any liability of any nature arising out of related to any content or materials displayed
on or submitted via the Site by you or by others using your username and password.
You also grant us a license to use the materials you post or submit via such features,
as described above under the header "Rights and Restrictions Relating to Site Content."
Responsibility for what is posted on discussion forums and other areas on the Site
(if any) through which users can supply information or material, or sent via any
email services that are made available via the Site, lies with each user – you alone
are responsible for the material you post or send. We do not control the messages,
information or files that you or others may transmit, post or otherwise provide
on or through the Site.
You understand that we have no obligation to monitor any discussion forums or other
areas of the Site (if any) through which users can supply information or material.
However, we reserve the right at all times, in our sole discretion, to screen content
submitted by users and to edit, move, delete, and/or refuse to accept any content
that in our judgment violates these Terms of Service or is otherwise unacceptable
or inappropriate, whether for legal or other reasons.
You acknowledge and agree that we may preserve content and materials submitted by
you, and may also disclose such content and materials if required to do so by law
or if, in our business judgment, such preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond
to claims that any content or materials submitted by you violate the rights of third
parties; or (d) protect the rights, property, or personal safety of our Site, us,
our affiliates, our officers, directors, employees, representatives, our licensors,
other users, and/or the public.
Privacy
We respect the privacy of the users of our Site. Please take a moment to review
our Privacy Policy.
Modifications to, or Discontinuation of, the Site
We reserve the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Site, or any portion thereof, with or without notice.
You agree that we will not be liable to you or to any third party for any modification,
suspension or discontinuance of the Site or any portion thereof.
Disclaimers
Throughout our Site, we may provide links and pointers to Internet sites maintained
by third parties. Our linking to such third-party sites does not imply an endorsement
or sponsorship of such sites, or the information, products or services offered on
or through the sites. In addition, neither we nor our parent or subsidiary companies
nor any of our respective affiliates operate or control in any respect any information,
products or services that third parties may provide on or through the Site or on
websites linked to by us on the Site. THE INFORMATION, PRODUCTS AND SERVICES OFFERED
ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, OR
THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF
THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF
THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You must provide and are solely responsible for all hardware and/or software necessary
to access the Site. You assume the entire cost of and responsibility for any damage
to, and all necessary maintenance, repair or correction of, that hardware and/or
software.
Your interactions with companies, organizations and/or individuals found on or through
our Site, including any purchases, transactions, or other dealings, and any terms,
conditions, warranties or representations associated with such dealings, are solely
between you and such companies, organizations and/or individuals. You agree that
we will not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings. You also agree that, if there is a dispute between
users of this Site, or between a user and any third party, we are under no obligation
to become involved, and you agree to release us and our affiliates from any claims,
demands and damages of every kind or nature, known or unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way related to such dispute
and/or our Site.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR OUR
SUBSIDIARIES, PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE
INABILITY TO USE, THIS SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR
THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THIS SITE, EVEN
IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY
OF OUR SUBSIDIARIES, PARENT COMPANIES AND AFFILIATES, IS LIMITED TO THE FULLEST
EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT
WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON
THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SITE.
Indemnification
You agree to indemnify and hold harmless us, our affiliates, and each of our and
their respective directors, officers, managers, employees, shareholders, agents,
representatives and licensors, from and against any and all losses, expenses, damages
and costs, including reasonable attorneys' fees, that arise out of your use of the
Site, violation of these Terms of Service by you or any other person using your
account, or your violation of any rights of another. We reserve the right to take
over the exclusive defense of any claim for which we are entitled to indemnification
under this section. In such event, you agree to provide us with such cooperation
as is reasonably requested by us.
Suspension and Termination of Access
You agree that, in our sole discretion, we may suspend or terminate your password,
account (or any part thereof) or use of the Site, or any part of the Site, and remove
and discard any materials that you submit to the Site, at any time, for any reason,
without notice. You agree that we will not be liable to you or any third-party for
any suspension or termination of your password, account (or any part thereof) or
use of the Site, or any removal of any materials that you have submitted to the
Site. In the event that we suspend or terminate your access to and/or use of the
Site, you will continue to be bound by the Terms of Service that were in effect
as of the date of your suspension or termination.
Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been reproduced,
posted or distributed via the Site in a manner that constitutes copyright infringement,
please inform our designated copyright agent by sending written notice by U.S. Mail
to Gannett Co., Inc., 7950 Jones Branch Drive, McLean, VA 22107, Attn: K. Jaske,
or by email to kjaske@gannett.com. Please include the following information in your
written notice: (1) a detailed description of the copyrighted work that is allegedly
infringed upon; (2) a description of the location of the allegedly infringing material
on the Site; (3) your contact information, including your address, telephone number,
and, if available, email address; (4) a statement by you indicating that you have
a good-faith belief that the allegedly infringing use is not authorized by the copyright
owner, its agent, or the law; (5) a statement by you, made under penalty of perjury,
affirming that the information in your notice is accurate and that you are authorized
to act on the copyright owner's behalf; and (6) an electronic or physical signature
of the copyright owner or someone authorized on the owner's behalf to assert infringement
of copyright and to submit the statement. Please note that the contact information
provided in this paragraph is for suspected copyright infringement only. Contact
information for other matters is provided elsewhere in these Terms of Service or
on the Site.
Other
This agreement constitutes the entire agreement between us and you with respect
to the subject matter contained in this agreement and supersedes all previous and
contemporaneous agreements, proposals and communications, written oral. You also
may be subject to additional terms and conditions that may apply when you use the
products or services of a third party that are provided through the Site. In the
event of any conflict between any such third-party terms and conditions and these
Terms of Service, these Terms of Service will govern. This agreement will be governed
by and construed in accordance with the laws of the State of New York, without giving
effect to any principles of conflicts of law.
This agreement is personal to you and you may not assign it to anyone. If any provision
of this agreement is found to be unlawful, void, or for any reason unenforceable,
then that provision will be deemed severable from this agreement and will not affect
the validity and enforceability of any remaining provisions. These Terms of Service
are not intended to benefit any third party, and do not create any third party beneficiaries.
Accordingly, these Terms of Service may only be invoked or enforced by you or us.
You agree that regardless of any statute or law to the contrary, any claim or cause
of action that you may have arising out of or related to use of the Site or these
Terms of Service must be filed by you within one year after such claim or cause
of action arose or be forever barred.