TERMS AND CONDITIONS OF SERVICE
The following terms and conditions (the "Agreement") govern all use of this website (the "Site"), the associated wGiftCard Facebook application, and the products and services available at the Site or via the application (all of the foregoing taken together, the "Service"). The Service is operated by Transaction Wireless, Inc. ("Transaction Wireless") in conjunction with the primary retailer featured on the Site ("Gift Provider").
BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU DO NOT AGREE, DO NOT USE OR ACCESS THE SERVICE.
Transaction Wireless and Gift Provider reserve the right, in their sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User's responsibility to check this Agreement periodically for changes. User's continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.
Gift Provider's products and services may be subject to additional terms and conditions (please see Section 3 below).
With respect to claims regarding the infringement of copyrights, please see Section 18 below.
1. Access.
Subject to the terms and conditions of this Agreement, the services
provided in connection with the Service are solely for User's personal,
non-commercial use. Transaction Wireless or Gift Provider may change,
suspend or discontinue the Services at any time, including the
availability of any feature, database, or content. Transaction Wireless
or Gift Provider may also impose limits on certain features and services
or restrict User's access to parts or all of the Services without
notice or liability.
User certifies to Transaction Wireless and Gift Provider that if User is an individual (i.e., not a corporation) User is at least 18 years of age. User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service.
As a condition to using certain features of the Service, User may be required to register with the Service and select a password and User name ("User ID"). User shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. User may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than User without appropriate authorization. Transaction Wireless reserves the right to refuse registration of, or cancel, a User ID in its discretion. User shall be responsible for maintaining the confidentiality of User's password and other account information.
2. Restrictions.
User shall not, nor permit anyone else to, directly or indirectly: (i)
reverse engineer, disassemble, decompile or otherwise attempt to
discover the source code or underlying algorithms of all or any part of
the Service (except that this restriction shall not apply to the limited
extent restrictions on reverse engineering are prohibited by applicable
local law); (ii) modify or create derivatives of any part of the
Service; (iii) rent, lease, or use the Service for timesharing or
service bureau purposes; or (iv) remove or obscure any proprietary
notices on the Service.
User shall not use the Service for any commercial purpose.
User shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. Transaction Wireless reserves the right to bar any such activity.
User shall not attempt to gain unauthorized access to any portion or feature of the Service or any other systems or networks connected to the Service, or to any Transaction Wireless server, or to any of the services offered on or through the Service, by hacking, password "mining", or any other illegitimate means.
User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service.
User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Transaction Wireless's systems or networks, or any systems or networks connected to the Service or to Transaction Wireless.
User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person's use of the Service.
User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement.
3. Gift Provider Terms.
Purchase or use of any of the cards constitutes acceptance of the terms and conditions.
Papa Murphy's Gift Card Terms & Conditions:
Use of this card constitutes acceptance of the following terms: Cards can be loaded and reloaded up to $100. This card has no expiration date. This card may be used only for purchases at participating Papa Murphy's locations in the U.S., and is not redeemable for cash or credit except where required by law. Purchases will be deducted from the card balance until the value reaches zero, unless the card is reloaded. The value of this card will not be replaced if the card is lost, stolen or damaged. Void where prohibited by law. Complete terms and conditions available on our website. Use of this card constitutes acceptance of these terms and conditions. Terms and conditions subject to change without notice. For balance inquiries visit papamurphys.com/GiftCards or call 1-888-321-5352.
© Murphy's Marketing Services, Inc.
4. Content.
General Content. User
agrees that all content and materials (collectively, "Content")
delivered via the Service or otherwise made available by Transaction
Wireless or Gift Provider at the Site are protected by copyrights,
trademarks, service marks, patents, trade secrets or other proprietary
rights and laws. Except as expressly authorized in writing by
Transaction Wireless (with respect to Transaction Wireless Content), or
Gift Provider (with respect to Gift Provider Content), User agrees not
to sell, license, rent, modify, distribute, copy, reproduce, transmit,
publicly display, publicly perform, publish, adapt, edit or create
derivative works from such materials or content. However, User may
print or download a reasonable number of copies of the materials or
content at this Site for User's own informational purposes; provided,
that User retain all copyright and other proprietary notices contained
therein. Reproducing, copying or distributing any content, materials or
design elements from the Site for any other purpose is strictly
prohibited without the express prior written permission of Transaction
Wireless or Gift Provider (as applicable).
User Content. The Service permits the submission of text, images, recordings, audio content, videos or other communications submitted by User and other users (“User Content”), as well as the distribution of such User Content to other end users of the Service. User acknowledges and agrees that, with respect of all of User's User Content, Transaction Wireless and Gift Provider are hereby granted a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable right to fully exploit such content (including all related intellectual property rights) in connection with the Service and User purchases in connection therewith (and to allow others to do so). The foregoing right includes the right by Transaction Wireless to make Facebook "wall posts" on User's behalf.
With respect to all of User's User Content, User represents and warrants that: (i) User owns or has the necessary licenses, rights, consents, and permissions to grant the right set forth in the preceding paragraph; (ii) no such content will violate the rights of any person or entity (including, without limitation, intellectual property rights and privacy rights); (iii) no such content is misleading or inaccurate; and (iv) no such content contains any material or data that is profane, alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), or gambling-related (e.g., casinos, lotteries).
Transaction Wireless and Gift Provider reserve the right to remove any User Content from the Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content), or for no reason at all.
5. Indemnification.
User is responsible for all of User's activity in connection with the
Service. User shall defend, indemnify, and hold harmless Transaction
Wireless, Gift Provider. their affiliates and each of their and their
affiliates employees, contractors, directors, suppliers and
representatives from all liabilities, claims, and expenses, including
reasonable attorneys’ fees, that arise from User's (i) use or misuse of
the Service; (ii) access to any part of the Service; (iii) User Content;
(iv) use of or access to any Gift Provider gift certificates, gift cards, products
or services; (v) violation of any law, regulation or third party right
(including, without limitation, any intellectual property right); or
(vi) violation of this Agreement.
6. Fees.
User acknowledges that each of Transaction Wireless and Gift Provider
reserve the right to charge fees for use of the Service and to change
its fees from time to time, in their each of their sole discretions.
Additionally, User's mobile phone carrier may charge you for usage of
the Service (i.e., standard rates may apply). User agrees that User
will be liable for any mobile phone charges incurred (usage,
subscription, etc) as a result of using the Service. User should
consult User's wireless telephone service provider’s pricing plan to
determine their charges for sending and receiving messages through the
Service.
7. Warranty Disclaimer.
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. TRANSACTION WIRELESS AND GIFT PROVIDER MAKE NO
WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS, OR (II) THE RESULTS OF USING THE SERVICE WILL MEET USER'S
REQUIREMENTS.
TRANSACTION WIRELESS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY GIFT PROVIDER OR ANY GIFT PROVIDER'S GIFT CERTIFICATES, PRODUCTS OR SERVICES.
THE SERVICE IS PROVIDED BY TRANSACTION WIRELESS AND GIFT PROVIDER IN THE UNITED STATES OF AMERICA. TRANSACTION WIRELESS AND GIFT PROVIDER MAKE NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE, AVAILABLE OR LEGAL FOR USE OR ACCESS IN OTHER LOCATIONS.
THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
8. Limitation of Liability.
IN NO EVENT SHALL TRANSACTION WIRELESS, GIFT PROVIDER, ITS OR THEIR AFFILIATES, OR ITS OR THEIR
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE
UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL
THEORY WITH RESPECT TO THE SERVICE: (I) FOR ANY LOST PROFITS OR SPECIAL,
INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III)
FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.00 (U.S.)
(PROVIDED THAT, FOR USERS WHO HAVE MADE PURCHASES DIRECTLY THROUGH THE
SERVICE, SUCH MONETARY CAP WILL BE THE AMOUNTS PAID BY USER TO
TRANSACTION WIRELESS OR GIFT PROVIDER FOR THE PURCHASE DIRECTLY
CONNECTED WITH THE LIABILITY CLAIM).
TRANSACTION WIRELESS SHALL NOT BE LIABLE FOR ANY OF THE ACTIVITIES OF ANY GIFT PROVIDER, OR WITH RESPECT TO ANY OF THE GIFT CERTIFICATES, GIFT CARDS, PRODUCTS OR SERVICES ANY GIFT PROVIDER PROVIDES OR OTHERWISE RENDERS. USER PURCHASES, USES AND ACCESSES ALL SUCH PRODUCTS AND SERVICES AT USER'S SOLE RISK.
NEITHER TRANSACTION WIRELESS NOR GIFT PROVIDER SHALL BE LIABLE FOR ANY USER CONTENT.
FACEBOOK, INC. SHALL HAVE NO LIABILITY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR ANY OF THE ACTS OR OMISSIONS OF TRANSACTION WIRELESS OR GIFT PROVIDER IN CONNECTION HEREWITH.
THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
9. Third Party's Websites and Resources.
The Site may permit User to link to other (i.e. non-Transaction Wireless
and non-Gift Provider) websites or resources on the Internet. These
other websites are not under the control of Transaction Wireless of Gift
Provider, and User acknowledges that Transaction Wireless and Gift
Provider are not responsible or liable for the content, functions,
accuracy, legality, appropriateness or any other aspect of such websites
or resources. The inclusion of any such link does not imply endorsement
by Transaction Wireless or Gift Provider. User further acknowledges and
agrees that neither Transaction Wireless nor Gift Provider shall be
responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with the use of or
reliance on any content, goods, information, or services available on or
through any such website or resource.
10. Term; Termination.
This Agreement shall remain in full force and effect while User uses the
Service. User may terminate User's use of the Service or your
membership at any time by following the instructions on the Service.
Transaction Wireless or Gift Provider may terminate your access to any
or all of the Service at any time, for any reason, and without warning, and each
of Transaction Wireless and Gift Provider reserves the right to
discontinue any aspect of the Service at any time. All provisions of
this Agreement which by their nature should survive termination shall
survive termination, including, without limitation, warranty disclaimers, indemnification obligations,
and limitations of liability.
11. Export and Trade Controls.
User agrees not to import, export, re-export, or transfer, directly or
indirectly, any part of the Service or any information provided on or
pursuant to the Service except in full compliance with all United
States, foreign and other applicable laws and regulations.
12. Privacy.
Transaction Wireless's current privacy policy is available at http://www.transactionwireless.com/privacy-policy/, which is incorporated by this reference. Transaction Wireless strongly encourages User to review the privacy policy closely.
13. Copyright.
All content included in the Service not supplied by User, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations,
and software, is the property of Transaction Wireless or Gift Provider,
or either's content suppliers, and protected by United States and
international copyright laws. All software used on (or provided through)
the Service is the property of Transaction Wireless or its software
suppliers and protected by United States and international copyright
laws.
14. Disputes with Third Parties.
User is solely responsible for User's interactions with all Gift
Providers, as well as other Service users. If User has a dispute with
any other Service user, User shall and hereby does release Transaction
Wireless and Gift Provider (and their affiliates, officers, directors, agents,
subsidiaries, joint ventures and employees) from claims, demands and
damages (actual and consequential) of every kind and nature, known and
unknown, arising out of or in any way connected with such disputes. If
User is a California resident, User waives California Civil Code �1542,
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.”
15. Retailer Copyrights.
Transaction Wireless is not affiliated with any participating retailers.
Applebee's is registered trademark. All rights reserved.
16. General.
The failure of a party to exercise in any respect any right provided for
herein shall not be deemed a waiver of any further rights hereunder.
Neither Transaction Wireless nor Gift Provider shall be liable for any
failure to perform its obligations hereunder where such failure results
from any cause beyond such party's reasonable control, including,
without limitation, mechanical, electronic or communications failure or
degradation (including “line-noise” interference). If any provision of
this Agreement is found to be unenforceable or invalid, that provision
shall be limited or eliminated to the minimum extent necessary so that
this Agreement shall otherwise remain in full force and effect and
enforceable. This Agreement is not assignable, transferable or
sublicensable by User except with Transaction Wireless's prior written
consent. Transaction Wireless and Gift Provider may transfer, assign or
delegate this Agreement and its rights and obligations without consent.
This Agreement shall be governed by and construed in accordance with the
laws of the state of California, as if made within California between
two residents thereof. Any dispute arising from or relating to the
subject matter of this Agreement shall be finally settled by arbitration
in San Diego, California, using the English language in accordance
with the Arbitration Rules and Procedures of Judicial Arbitration and
Mediation Services, Inc. (“JAMS”) then in effect, by one commercial
arbitrator with substantial experience in resolving intellectual
property and commercial contract disputes, who shall be selected from
the appropriate list of JAMS arbitrators in accordance with the
Arbitration Rules and Procedures of JAMS. Subject to the foregoing
arbitration provisions, the parties agree that all disputes arising
hereunder shall be subject to the exclusive jurisdiction and venue of
the state and Federal courts located in San Diego, California. USER AND
TRANSACTION WIRELESS AGREES THAT ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE
OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED. All parties agree that this Agreement is the complete and
exclusive statement of the mutual understanding of the parties and
supersedes and cancels all previous written and oral agreements,
communications and other understandings relating to the subject matter
of this Agreement, and that all modifications must be in a writing
signed by the parties, except as otherwise provided herein. No agency,
partnership, joint venture, or employment is created as a result of this
Agreement, and User does not have any authority of any kind to bind
Transaction Wireless or Gift Provider in any respect whatsoever.
17. Digital Millennium Copyright Act Notice.
Transaction Wireless, Inc. ("Company") has adopted the following general
policy toward copyright infringement in accordance with the Digital
Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf).
The address of Company's Designated Agent to Receive Notification of
Claimed Infringement is listed at the end of this policy ("Designated
Agent").
It is Company's policy to (1) block access to or remove content (including, without limitation, text, graphics and photos) (collectively, "Content") that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements:
If you believe that Content residing on or accessible through the Company web site or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is Company's policy:
Procedure to Supply a Counter-Notice to the Designated Agent:
If the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
If a counter-notice is received by the Designated Agent, Company's may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Company's discretion.
Please contact Company's Designated Agent to Receive Notification of Claimed Infringement at the following address:
Designated Agent to Receive Notification of Claimed Infringement:
Basil Abifaker
9444 Waples Street, Suite 405
San Diego, CA 92121, USA
(858) 926-5390
support@transactionwireless.com