Terms of Use
New Media Insights Group, Inc. - January 2013 The following terms and conditions (the “Terms”) form a binding agreement between you whether a random visitor, Purchaser, Merchant or Publisher (“you” or the “User”) and New Media Insights Group, Inc. (“we” or “NEW MEDIA”). By using the various online software services made available at newmediainsights.com or such other address as may be used by NEW MEDIA from time to time (the “Services” and the “Website” respectively), User agrees to comply with all of the Terms. If you do not agree with these Terms you must cease using the Services and the Website. We offer authorized originating users (the “Merchants”) of our Services the ability to feature and publish their offers, deals, surveys and any other promotional based offerings (collectively, the “Deals”) through an authorized network of publishing users (the “Publishers”) for purchase by individual purchasers (the “Purchasers”).
1. mCards An mCard is a virtual, one-time-use MasterCard issued by Silicon Valley Bank to PayWith WorldWide Inc. (PayWith). During this phase of the Beta Pilot an mCard has two values:
- Paid Value which is the amount paid by a registered consumer (a “User”) to PayWith for the right to use an mCard and;
- Promotional Value which is the maximum redemption amount denoted on the mCard.
- If an mCard is declined it retains its Promotional Value and can still be redeemed in the future.
- If an mCard expires the mCard loses is Promotional Value.
The mCard remains the sole property of PayWith and merely represents credit at the Merchant identified on the mCard.
An mCard is distributed to a User at the sole discretion of PayWith. PayWith reserves the right to refuse to issue and/or send an mCard to any User.
An mCard can be created, distributed, amended, replaced or deleted at the sole discretion of PayWith at any time and without notice to the User.
An mCard is not redeemable for cash by the User, in part or whole, either through the designated Merchant or through PayWith prior to, on, or following redemption with the exception of a refund requested by the User prior to redemption at the Merchant.
mCards are issued to the User and only the User. Duplication, sale, or trade of an mCard is prohibited.
2. General Terms An mCard is provided by Paywith to a User to facilitate redemption of a deal or offer (“Deal”) from a Merchant. The Merchant is the issuer of the Deal which may be marketed to potential Users on their behalf by Paywith or a third party marketing organization. Therefore the Merchant is responsible for any and all loss, damages, illnesses, injuries, claims, liabilities and costs arising from unredeemed or partially redeemed mCards. By purchasing a Deal, a User acquires the right to print an mCard to facilitate redemption of the Deal.
PayWith, MasterCardâ"¢ nor Silicon Valley Bank is liable in any way to the User or the Merchant in the event that:
- The Merchant refuses to accept an mCard
- The Merchant is unable to process an mCard
- The User is unable to display the mCard to the Merchant
- The mCard is cancelled and deleted by PayWith before the User is able to redeem the mCard
- An mCard is declined by the card processing system
- Additional expense is incurred by the User at the Merchant over and above the value of the mCard
- The User is dissatisfied with the goods or services provided by the Merchant
3. Refund Policy It is at the sole discretion of PayWith to determine if a refund is appropriate. If a refund is deemed appropriate by PayWith the only amount eligible for refund will be the Paid Value. Under no circumstances is PayWith obliged to refund more than the Paid Value of the mCard.
4. Operation of the Services and the Website NEW MEDIA shall have the right at any time to change or discontinue any aspect or feature of the Website and the Services, including, but not limited to, the types of Deals offered by NEW MEDIA, as well as those Publishers associated with NEW MEDIA.
You acknowledge that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of NEW MEDIA, and NEW MEDIA shall not be responsible for any data lost while transmitting information on the Internet. The Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of NEW MEDIA, access to the Services and the Website may be interrupted, suspended or terminated from time to time.
5. Conduct of User All interactions on the Website and through the use of the Services must comply with these Terms. User shall not post or transmit through the Website or through the use of the Services any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without NEW MEDIA’s express prior written approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in NEW MEDIA’s exclusive discretion restricts or inhibits any other user, Originator or Publisher from using or enjoying the Services and the Website is strictly prohibited. User shall not use the Services and the Website to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of the Website to become users of other similar sites or offline services directly or indirectly competitive or potentially competitive with NEW MEDIA.
6. User Data If you choose to create an account with us as a Purchaser, Merchant or Publisher, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. You are solely responsible for any and all access to any websites by persons using your account. Please notify us immediately if you become aware that your account is being used without authorization.
7. Deals If you chose to place an order for a given Deal, you make an offer to purchase the Deal from a Merchant on the terms, restrictions and conditions associated with the Deal. Once you place an order, you will receive a confirmation of the Deal and for those Deals requiring payment, you will be charged for the amount of the Deal. The Deal you purchase through NEW MEDIA is redeemable for goods or services by the Merchant. The Merchant, not NEW MEDIA, is the seller of the Deal and the goods and services associated therewith and is solely responsible for redeeming any Deal you purchase.
The Merchant is the holder and issuer of a Deal and as such, the Merchant shall be fully responsible for any and all damages, claims, liabilities and costs suffered by or in respect of a Purchaser, caused in whole or in part by the Merchant, as well as for any unclaimed liability arising from unredeemed Deals or portions thereof.
8. Intellectual Property The Services and the Website are the exclusive property of NEW MEDIA or used with express permission of the copyright or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING THE WEBSITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF NEW MEDIA IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and criminal penalties.
The Services and the Website contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Website are protected by copyright as a collective work under US and International copyright laws. NEW MEDIA owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of NEW MEDIA or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that he, she, or it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Website otherwise owned or operated in conjunction with NEW MEDIA shall not be deemed to be in the public domain but rather the exclusive property of NEW MEDIA, unless such site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of NEW MEDIA unless otherwise stated.
User shall not submit or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. NEW MEDIA does not have any express burden or responsibility to provide User with indications, markings or anything else that may aid User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. If you chose to or are required to make available any material through utilizing the Services or the Website, you warrant that the owner of such material has expressly granted NEW MEDIA the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other user to access, view, store or reproduce the material for that User’s personal use. User hereby grants NEW MEDIA the right to edit, copy, publish and distribute any material made available through the use of the Services or the Website by User.
By posting communications on or through the Website, User shall be deemed to have granted to NEW MEDIA a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub-licensees.
The name “NEW MEDIA” and the associated logo are trademarks, tradenames and servicemarks of NEW MEDIA INSIGHT GROUP, Inc. All rights are expressly reserved. Unless otherwise indicated, all other trademarks appearing on NEW MEDIA are the property of their respective owners.
9. Disclaimer of Warranty USER EXPRESSLY AGREES THAT USE OF THE SERVICES AND THE WEBSITE IS AT USER’S SOLE RISK. THE WEBSITE AND THE SERVICES ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEW MEDIA HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER NEW MEDIA, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SERVICES AND THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR THE SERVICES, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR DEALS PROVIDED THROUGH THE WEBSITE. FOR THE AVOIDANCE OF DOUBT, NEW MEDIA DOES NOT HAVE CONTROL OR OWNERSHIP OF ANY DEALS AT ANY TIME AND DOES NOT GUARANTEE: (I) THE EXISTENCE AND AVAILABILITY OF ANY DEALS, OFFERS OR ADVERTISEMENTS; (II) THE TRUTH OR ACCURACY OF ANY CONTENT OR INFORMATION PLACED ON THE WEBSITE BY A USER; (III) THE TRUTH OR ACCURACY OF STATED IDENTITIES USED BY ANY USER, ORIGINATOR OR PUBLISHER; OR (IV) THE ABILITY OF ANY ADVERTISER TO LAWFULLY CREATE AN OFFERING.
10. Limitation of Liability IN NO EVENT SHALL NEW MEDIA, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS. IN NO EVENT WILL NEW MEDIA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE USE OF THE WEBSITE AND THESE TERMS EXCEED USD$25,000.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO NEW MEDIA MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION OCCURRED, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
11. Monitoring NEW MEDIA shall have the right, but not the obligation, to monitor the content of the Website and the Services at all times to determine compliance with these Terms and any operating rules established by NEW MEDIA, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, NEW MEDIA shall have the right, but not the obligation, to remove any material that NEW MEDIA, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
12. Privacy NEW MEDIA is committed to maintaining the security, confidentiality and privacy of your personal information. Our Privacy Policy outlines our on-going commitment to you and has been developed in compliance with relevant privacy legislation. By providing us your personal information on the Website, you grant NEW MEDIA the right to use such information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation.
NEW MEDIA specifically disclaims any liability concerning any actions resulting from Users’ participation in any comments and other message or communication facilities available through the Website a\or the Services. Any communication which User posts to the Website is considered to be non-confidential.
13. Indemnification/Release User agrees to defend, indemnify and hold harmless NEW MEDIA, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by User in connection with the Services or the Website.
User is solely responsible for interactions with Purchaser, Publishers or Merchants and other users of the Website. To the extent permitted under applicable laws, User hereby releases NEW MEDIA and its officers, directors, employees and agents from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant’s failure to comply with applicable law and failure to abide by the terms of a Deal, and any conduct or speech, whether online or offline, of any other user.
14. Termination NEW MEDIA shall have the right to immediately terminate or suspend any passwords or accounts of User in the event of any conduct by User or which NEW MEDIA, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of these Terms. The provisions of Sections 2.0, 5.0, 6.0, 7.0, 9.0, 10.0 and 16.0 will survive termination of these Terms.
15. Third-Party Content The Website is designed to publish Deals provided by Merchants. Accordingly NEW MEDIA has no editorial control over the content of the Deals. Any opinions, statements, services, offers, or other information or content expressed or made available by Merchants or other users are those of the respective authors or distributors and not of NEW MEDIA. NEW MEDIA neither endorses nor is responsible for the accuracy or reliability of the content of any Deal. Under no circumstances will NEW MEDIA be liable for any loss or damage caused by your reliance on information obtained through NEW MEDIA.
NEW MEDIA contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by NEW MEDIA of the contents on such third-party sites, and NEW MEDIA hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. Unless you have executed a written agreement with NEW MEDIA expressly permitting you to do so, you may not provide a hyperlink to the Website from any other website. NEW MEDIA reserves the right to revoke its consent to any link at any time in its sole discretion.
16. Representations You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Services and the Website. However, if you are at least 13 years old but not yet 18, you may use the Website in conjunction with your parent or guardian who agrees to these Terms. No one under age 13 may use the Website.
17. Governing Law These terms shall be governed by and construed under the laws of Arizona, USA. Any suit, action or proceeding arising from or relating to these Terms must be brought, solely and exclusively in the city of Cave Creek, Arizona, USA and the User irrevocably consents to the jurisdiction and venue of any such court in any such suit, action or proceedings and the User will not object to such venue.
18. Miscellaneous These Terms and any operating rules for NEW MEDIA established by NEW MEDIA, constitute the entire agreement the User and NEW MEDIA with respect to the subject matter hereof. No waiver by NEW MEDIA of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of these Terms is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in these Terms, and the remaining portions of these Terms shall continue in full force and effect. The failure of either party to exercise any of its rights under these Terms shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder. The right to use the Services and the Website is personal to User and is not transferable to any other person or entity.
Sections 2.0 and 5.0 apply equally to and are for the benefit of NEW MEDIA, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
19. Modification of Terms NEW MEDIA reserves the right at all times to modify any of the Terms as we deem necessary or desirable and any such modifications become effective immediately upon being posted to the Website, provided that such changes will not apply to Deals purchased prior to the effective date of such changes. It is your sole responsibility to check the Website from time to time to view any such changes to the Terms. If you do not agree to any changes, if and when such changes may be made to the Terms, you must cease use of the Website and the Services. Your use of the Website after any modifications to the Terms indicates that you agree to such modified Terms
