By accessing or using this Website you agree to the Terms of Use as outlined herein. If you do not agree to these terms, please do not access this site.
TERMS OF USE
PLEASE READ THESE TERMS OF USE VERY CAREFULLY.
Welcome to our website (“Website”). For purposes of this Agreement, the terms “we,” “us,” “our” and “CentrSource” refer to CentrSource SA, a corporation organized and existing under the laws of Switzerland, and “you” and “your” refers to you, as a user of our site.
CentrSource may at any time modify the terms and conditions of this Agreement and your continued use of this Website will be conditioned upon the terms and conditions in force at the time of your use.
Errata
This Website may include technical inaccuracies and typographical errors that will be corrected as they are discovered, or reported, at our sole discretion.
Other Websites
CentrSource is not responsible for the Terms of Use of, and makes no representations whatsoever about, other websites to which we may link. You agree that your use of such links is solely at your own risk and that any concerns regarding such links should be directed to the particular Community Partner, Advertiser or merchant to which we may link. Community Partners, Advertisers and merchants, and their respective employees and agents are not related to CentrSource and CentrSource is not responsible for any of their conduct, acts or omissions.
However, CentrSource commits to conduct itself in a manner consistent with the letter and spirit of all relevant national, regional and local legislation pertaining to the privacy and security of consumer information and data. CentrSource also adheres to the Direct Marketing Association's Guidelines for Ethical Business Practice (2008), and believes that all commerce should be similarly governed.
In the event that you experience any actions that are not in your view consistent with applicable national, regional or local laws or with the noted Guidelines for Ethical Business Practice, while interacting with any of the community partners, advertisers and/or merchants accessed through CentrSource, you are encouraged to advise CentrSource. No guarantee or warranty, explicit or implied, is made by CentrSource that satisfactory remedy or redress will be secured for you with the third party website, but CentrSource will use this information to determine its future relationship with said party.
Reasonable Use
CentrSource provides all users the facility to respond to advertiser Offers. Community Partners and Advertisers may at their sole discretion and without limitation, choose to limit and or/otherwise restrict the circumstances around which a user may respond to an Offer. In the event that a user is found to deliberately and knowingly circumvent such mechanisms in order to fraudulently secure benefit, then the user may at CentrSource's sole discretion, be permanently denied access to CentrSource. Moreover, users found to be abusing, manipulating or otherwise misusing the CentrSource website for commercial purposes, may be subject to one or more of the following, at CentrSource's sole discretion: termination of all rights to access CentrSource; legal or equitable claims; and referral to governmental authorities.
Likewise, CentrSource provides registered users access to our Point$ loyalty program which has the intent of rewarding them for legitimate use of the system, including but not limited to responding to advertiser Offers. Accordingly, Community Partners and Advertisers may at their sole discretion and without limitation, choose to limit and or/otherwise restrict the awarding of Point$. In the event that a user is found to deliberately and knowingly circumvent such mechanisms in order to fraudulently secure Point$, then the user shall at CentrSource's sole discretion, be permanently denied access to CentrSource, and the Point$ collected by the user confiscated in their entirety and all rights thereto shall be terminated without any further action by CentrSource.
With respect to the Point$ program, a ‘user’ is a bona fide individual, with a bona fide – that is verifiable - email address that is provided to CentrSource at the time of registration, and thereafter maintained in their ‘My CentrSource’ profile. CentrSource reserves the right without condition and at all times, to require the user to confirm their bona fide registration details as a condition for the redeeming of Point$.
Rating and Reviewing of Offers and Offer Alerts
CentrSource provides a number of facilities for users to rate and comment on, advertiser Offers and to recommend said Offers to friends and family, and/or to post an Offer ‘alert’ on the CentrSource website for the collective benefit of other users on CentrSource. Self-interested users are not allowed to post Offer Alerts or otherwise abuse the system. 'Self interested' users are those who may reasonably be considered to financially or otherwise materially benefit from the posting of an Offer. In the event that a user is found, at CentrSource's sole discretion, to have abused, manipulated or otherwise misused the CentrSource system, access may be permanently denied, and/or the offending user may be subject to legal and/or equitable claims of violating these Terms of Use.
Broken Links
Please report any broken links to our Webmaster. Although we appreciate your assistance in this regard, we make no guarantee that a broken link can be repaired, or will be replaced with a similar link.
Copyrights, Trademarks & Service Marks
The content, organization, graphics, design, compilation, and other matters related to the Website are protected under applicable international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. Except for that information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. The posting of information or materials on the Website by CentrSource does not constitute a waiver of any rights in such information and materials. CentrSource exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Website and related to the Website, and all modifications and derivative works thereof, and all intellectual property rights related thereto. You shall not challenge, contest or otherwise impair CentrSource’s ownership of the Website and the content therein or the validity or enforceability of CentrSource’s intellectual property rights related thereto. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website at any time without notice.
None of the material on our Website may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without our prior written permission. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of CentrSource or any third party. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our office with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. CentrSource’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
CentrSource SA,
Attn: Copyright Agent,
Luce, Forward, Hamilton & Scripps LLP
11988 El Camino Real, Suite 200
San Diego, CA 92130-2592
USA
All other websites to which we may link own the copyright in content original to them. The provision of a link by CentrSource to all other websites is done so as a convenience to the consumer, and does not in any way, suggest endorsement of any kind whatsoever, by the owner(s) of CentrSource or CentrSource's community partners, or of any affiliate relationship, explicit or implied.
License to Website
Subject to your performance of all of the provisions of this Agreement, CentrSource hereby grants you, a limited, terminable, personal, non-exclusive license to access and use the Website and the services contained herein (“Service”) solely as provided herein. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with CentrSource. You shall be exclusively responsible for the supervision, management, and control of your Website user login and password. You shall ensure that you properly exit the Website at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these terms. Your right to use the Website is not transferable. You will use the Website and the Service in accordance with all applicable laws. CentrSource may, without notice, terminate your access to the Website and the Service or take other actions as are reasonably necessary to comply with legal requirements and as necessary to protect CentrSource’s networks, information and the security and integrity of the Website.
Restrictions
You are solely responsible for any and all acts and omissions that occur under your user login and password, and you shall not engage in unacceptable use of the Website, which includes, without limitation, use of the Website to transmit material that: (a) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”; (d) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as utilizing images without authorization from photographers, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (f) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (g) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (h) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (j) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (k) is deemed by CentrSource to be in conflict with the spirit or intent of this Agreement. CentrSource reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators.
Membership
Membership in the Service is void where prohibited. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions. By agreeing to this Agreement as a member, you hereby warrant that you are legally capable of agreeing to this Agreement, and that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You are solely responsible for all content published or displayed through your account.
Disclaimer of Warranty
This Website, the Service, and the information, names, images, pictures, logos and icons regarding or relating to products and services and links to any other service, or other Website content, are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or third party rights or arising out of course of conduct or trade custom or usage. You understand and agree that the operation of the Website may involve bugs, errors, problems or other limitations.
In no event will CentrSource, its’ subsidiaries, affiliates (including community partners), contractors or their respective employees or agents, be liable for any damages whatsoever, whether in an action of contract, negligence or other cause of action or theory of recovery whatsoever, arising out of or in connection with the use or performance of this Website or the Service, including without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, special, indirect or consequential damages resulting from loss of use, data or profits or otherwise, even if we are expressly advised of the possibility of such damages.
CentrSource is not responsible for the contents of any linked sites or any link contained in a linked site, or any changes or updates to such sites.
Governing Law
This agreement shall be governed and interpreted under the laws of Switzerland as now or hereafter may be in existence. User represents that User understands that Swiss courts are best suited for both interpretation and enforcement of Swiss law. User further acknowledges that the CentrSource SA head office is located in Lugano Switzerland, and that the User is aware of the exact geographic location of same.
Terms
This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a member. CentrSource may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your registration or such other email address as you may subsequently provide to CentrSource. Even after membership is terminated, the terms of this Agreement shall survive for so long as required to give them effect. CentrSource has the right to terminate membership rights to use the service should the user breach this Agreement. You are responsible for obtaining, installing and maintaining your own internal equipment and communications services necessary to access and use the Website. You shall be solely responsible for any telephone charges, Internet access fees, and other such similar fees and expenses that you incur by accessing the Website.
Indemnity
You hereby agree to indemnify and hold CentrSource, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless against all damages, claims, liabilities, losses and other expenses, including without limitation reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that arise out of or relate to (i) your use of the Website and the Service; and (ii) your breach of this Agreement and/or any breach of your representations and warranties set forth above.
Miscellaneous
Should any part of this Agreement be held invalid or unenforceable, that portion shall be severed and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce that or any other provision of this Agreement. In the event a dispute arises regarding this Agreement or the use of this Website, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred, in addition to damages and any other relief to which it is entitled.
Authority
If you are entering into this Agreement on behalf of an entity, you represent and warrant that you have the authority from your respective governing body to enter into this Agreement and to bind your respective company to all the terms and conditions of this Agreement.
June 14, 2009