Effective Date: May 20, 2019
These Terms of Service (the “Terms) govern your use of the websites, software applications, and other online services (collectively, “Services”) provided by Kouponed.com (“Kouponed” or “we). The Services include, but are not limited to, the website located at www.kouponed.com, the Kouponed mobile application and the Kouponed browser extension.
We may make changes to these Terms at any time by posting them on the Services. Any changes will be effective at the time of posting.
In order to use certain Services, you will need to create an account. All the information you provide when you create your account must be true, accurate, current and complete. You are responsible for all activity in your account, so please secure and protect your login information and password.
You will find third party coupons, deals, advertisements and other offers on the Services (“Offers”). Offers are for products and services provided by third parties (each, a “Seller”), and if you choose to accept an Offer, the transaction will be between you and the Seller.
Kouponed has affiliate relationships with certain Sellers and may receive compensation for your purchase from, or other interactions with, these Sellers. Kouponed is not a party to, or in any way responsible for, your transaction with a Seller, including when we have an affiliate relationship with Seller. We are not responsible for fulfilling any Offers.
Kouponed may allow you to accept Offers or make other purchases from Sellers on our Services, using our checkout tools. While our platform helps facilitate your purchase, the transaction is solely between you and the Seller. You will need to contact the Seller directly for customer service issues, including questions about the products or services for sale, order status inquiries and refund requests. Kouponed does not provide any warranties or other protections for your purchase.
Before you purchase a product or service or otherwise accept an Offer, please read the entire description of the Offer, including the fine print and any additional terms and conditions set forth on the Seller’s website. You are responsible for understanding what you are buying and for following the Seller’s instructions. The terms and conditions of Offers, including refund and cancellation policies, are governed by the Seller’s policies, not ours. Please contact the Seller directly for questions regarding the Offer or your transaction with Seller.
You may post content, including photos, comments, links, Offers, and other materials on, or using, our Services. Anything that you post or otherwise make available on the Services is referred to as “User Content.” When you post User Content, you represent and warrant that you have all rights necessary to do so, including but not limited to having sufficient intellectual property rights in the User Content and that to the best of your knowledge, the User Content complies with all applicable laws.
Aside from the limited license described below, you retain all rights in the User Content. You grant Kouponed, its affiliates and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, publish, transmit, modify, create derivative works, perform, and distribute your User Content on the Services, and on third party sites (e.g., under our account with a social networking site). Nothing in these Terms shall restrict other legal rights Kouponed may have to User Content. We are not obligated to review or monitor User Content but we reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
We do not guarantee how quickly your User Content will appear on the Services or how and where it will appear. We reserve the exclusive right to describe, categorize and place Offers in our sole discretion.
We value hearing from you and are always interested in learning about ways we can improve the Services. If you choose to submit comments, ideas or feedback, you agree that we may use them without restriction and without any compensation, attribution or accounting to you.
In addition to your other responsibilities under these Terms, you must comply with the following:
Our Content and Proprietary Rights
You may not copy, repurpose or distribute content found on the Services, including Offers, for any purpose, without our express written permission. For example, you may not copy our Offers onto any website or app. Without limiting the foregoing, the use of our content for commercial purposes is forbidden unless you have our express written permission.
You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services. Kouponed or its licensors are the exclusive owners of all software, graphics, designs, technology and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Services. Except as set forth in these Terms, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms are reserved by us.
We respect intellectual property rights and expect our users to do the same. If you believe that your intellectual property rights have been violated, please inform us by following the instructions found here: https://www.kouponed.com/legal-copyright.
Suspension and Termination
We may suspend or terminate your account for any reason or no reason. Possible reasons for suspending or terminating an account include if you violate the Terms, cause liability to other users of the Services or do not use your account.
Additional Terms for the Kouponed iOS App
This section contains additional terms that apply to users of the Kouponed mobile application downloaded from Apple Inc.’s (“Apple”) App Store (the “Kouponed iOS App”):
We may contact you using the contact information you provide us, including by email, phone or your mailing address. We may need to contact you about your use of the Services or your account or to provide announcements about the Services. We also may contact you to provide you with promotional offers and other marketing. If you wish to opt-out of marketing emails, please send an opt-out request to firstname.lastname@example.org or click on the unsubscribe link at the bottom of such emails.
We comply with all applicable laws and regulations on sending e-mails, including the CAN-SPAM Act.
You can also contact us at:
Giveaways, Promotions and Offers
Our terms and conditions for giveaways, promotions and offers can be found here: https://www.kouponed.com/promotions-terms-and-conditions
You will indemnify, defend, and hold harmless Kouponed, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives and the other users of our services (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) incurred by any Covered Entity in any way arising out of or relating to these Terms, your use of the Services and your User Content. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defence of such claim.
Kouponed is not a party to the transactions between you and a Seller. We do not control the products or services associated with Offers, including their availability or Seller’s right to sell them. We do not guarantee the truth or accuracy of the Offers.
We provide the Services “as is” and “as available” without any warranties, whether express, implied or statutory. We disclaim any implied warranties, including warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. The Covered Entities do not make any representation as to the potential revenues or other benefits you may realize by using the Services.
The Services contains links to third-party websites, apps and other online properties that are not owned or controlled by Kouponed. The Services also makes available for purchase products and services from third-party merchants. We do not endorse or assume any responsibility for any such third parties or third-party properties. If you access a third party website, app or other property, you do so at your own risk and you agree that Kouponed will have no liability arising from your use of any such properties.
Please note that some jurisdictions do not allow disclaimers of certain warranties or exclusions, so these some or all of these disclaimers and exclusions may not apply to you.
LIMITATION OF LIABILITY