Terms of Use

Member User and Member Merchant Acceptance

BY USING OR VISITING THIS WEBSITE (together with all Content available through the iPerk.com domain name owned, operated or controlled by iPerk, Inc., the "Website" or “iPerk Website”), OR SUBMITTING CONTENT TO THIS WEBSITE, YOU SIGNIFY YOUR ASSENT TO (1) THESE TERMS AND CONDITIONS (the "Terms of Use"), AND (2) IPERK'S PRIVACY POLICY at http://www.iPerk.com/privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE.. These Terms & Conditions apply to all users of the Website.

If you do not agree to these Terms & Conditions, and the Privacy Policy, then please do not use the iPerk Website.

iPerk Website

These Terms of Service apply to all Member Users & Member Merchants of the iPerk Website, including others who contribute any content, information, and other materials or services on the Website. The Website may contain links to third party websites that are not owned or controlled by iPerk. iPerk has no control, thereon and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, iPerk will not and cannot censor or edit the content, products, or services of any third-party site. By using the Website, you expressly release iPerk from any and all liability arising from your use of any third-party website. iPerk will not force any Member Merchant to comply or honor their offers. In addition there are no explicit warranties, guaranties or promises, all services provided by iPerk to Member Users and Member Merchants on the iPerk Network can be revoked at any time without any notice to Member User by iPerk or Member Merchant.

Website Access and Use

iPerk grants Member Users permission to use the Website, provided that: (i) your use of the Website is solely for your personal, noncommercial use; (ii) you will not copy, distribute or modify any part of the Website without iPerk prior written authorization; (iii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., (iv) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (v) you will not disrupt servers or networks connected to the Website; and (vi) you comply with these Terms & Conditions, and Privacy Policy.
In order to access features of the Website, you will have to create a member account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify iPerk immediately of any breach of security or unauthorized use of your account. You will be liable for any unauthorized use made of your account or password and the losses of iPerk or others due to such unauthorized use. iPerk will not be liable for your losses caused by any unauthorized use of your account.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Website in a manner that sends more request messages to the iPerk servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
iPerk grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. iPerk reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their Submissions (as defined below).
iPerk has the right to terminate your access to the Website and revoke all benefits collected, in its sole discretion, immediately and with or without cause.

Intellectual Property Rights

The content on the Website, including all Submissions, including without limitation, the text, software, scripts, graphics, photos, and interactive features collectively ("Content") and the trademarks, service marks and logos contained therein collectively ("Marks"), are owned by or licensed to iPerk. Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without iPerk prior written consent. iPerk reserves all rights not expressly granted in and to the Website. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website.

Users Submissions

The Website may now or in the future permit the submission of content submitted by Member Users and Member Merchants and others users ("Submissions") and the hosting and publishing of such Submissions. You understand that whether or not such Submissions are published, iPerk does not guarantee any confidentiality with respect to any Submissions. iPerk has complete discretion whether to accept or reject your Submission, or to transfer your Submission from one iPerk program to another program or portion of the Website.
You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. You represent and warrant that: (i) you own or have the necessary rights and permissions to use and authorize iPerk to use all copyright, trademark or other proprietary rights in and to any Submissions to enable inclusion and use thereof as contemplated by the Website and these Terms & Conditions and the Privacy Policy; and (ii) you have the written consent and/or permission of each and every identifiable individual person in the Submission to use their name or likeness as contemplated by the Website and these Terms & Conditions and the Privacy Policy.
You retain all of your ownership rights in your Submissions. However, by submitting the Submissions to iPerk, you hereby grant iPerk, in addition to any other rights which it has pursuant to any other program established by iPerk, a worldwide, non-exclusive and transferable license to use, and copy.
You, also, hereby grant each user of the Website or other viewer of the Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such Submissions, all for non-commercial and personal use.
You agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post as Submission and to grant iPerk all of the license rights granted herein; (ii) publish or misrepresentations that could damage iPerk or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) misidentify yourself in submitting the Submission or misstate your 1 identity. iPerk does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and iPerk expressly disclaims any and all liability in connection with Submissions.
You understand that when using the Website, you will be exposed to Submissions from a variety of sources, and that iPerk is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against iPerk with respect thereto, and agree to indemnify and hold iPerk, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. You acknowledge that access to certain Content which may be available through the Website and which depict violence, or contain images of nudity, sexual acts, or other sexual material ("Mature Content") is permitted only if you are over the minimum age applicable in your jurisdiction (often but not necessarily 18 or 21).

Copyright and Content Policy

iPerk respects the intellectual property rights of others, and requests you to do the same. iPerk does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and iPerk will remove all Content if properly notified that such Content infringes on another's intellectual property rights. iPerk reserves the right to remove Content without prior notice. iPerk will also terminate a Member User or Member Merchant access to the Website along with its content, if it determines you to be a repeat infringer. iPerk may remove such Content and/or terminate a User's access for violatimg the Terms & Conditions, and Privacy Policy at any time, without prior notice and at its sole discretion.

If you believe that your Content has been copied in a way that constitutes copyright infringement, provide iPerk Copyright Agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
a description of where the material that you claim is infringing is located on the Website, including the URL;
your address, telephone number, and email address;
a 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; and
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.

iPerk Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

iPerk, Inc.
By email: termsofuse@iPerk.com

Please also note that under Section 512(f) of the US Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IPERK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. IPERK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON OR VIA THE WEBSITE. IPERK DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISING, AND IPERK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

IN NO EVENT SHALL IPERK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IPERK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT IPERK SHALL NOT BE LIABLE FOR SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnity

You agree to defend, indemnify and hold harmless iPerk, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Website; (ii) your violation of these Terms c: Conditions, and the privacy policy; (iii) your violation of the terms which apply to your Submission; (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of the Website.

Ability to Accept Terms & Conditions

You affirm that you are either more than 18 years of age or possess legal parental or guardian consent to enter into these Terms & Conditions, and to comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website-there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

Assignment

These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by iPerk without restriction.

General Information

You agree that: (i) the Website shall be deemed solely based in Texas; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over iPerk, either specific or general, in jurisdictions other than the State of Texas. These Terms & Conditions shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Any claim or dispute between you and iPerk that arises in whole or in part from the Website or these Terms & Conditions shall be decided exclusively by a federal or state court of competent jurisdiction located in Texas, Texas. These Terms & Conditions, together with the Privacy Policy at http://www.iPerk.com/privacy and any other legal notices published by iPerk on the Website, shall constitute the entire agreement between you and iPerk concerning the iPerk Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and iPerk's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. iPerk reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the iPerk Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND IPERK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE IPERK WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.